Prolonged grievance with employer

Danielab_2

Post deleted......
Got the information I need.
Thanks

Phil_68

Hi,

A few questions.

I presume you have left or have you been dismissed?
How and why did you leave?
How long have you / did you work there?
What happened during/after the 7 hour meeting? 7 hours!!! Really???
Were you / did you get a formal letter to discuss the meeting?
Were you given access or did you know your rights for the meeting?

Lots of things to go through and time is fast slipping away.

Are you aware of the costs to bring a case to the tribunal?
If you do bring a case, what will it be for? Do you have any evidence/witnesses?

Sorry for all the questions, but there is little to go on in your post as there is little meat on the bones.

Phil.

Danielab_2

Thanks for responding Phil.

I am still employed although on sick leave with work related stress. I have had an occupational health appointment which has confirmed that work is the reason for my absence.
I have only worked for the company since December 2013. I would walk, and leave them to it, but I feel that the person who has made me feel this way needs to understand the implications of her actions.
The meeting was to discuss my grievance. There were 2 members of senior HR staff present. They asked me about my entire grievance, incidents I had raised and how they made me feel. I was not given any notes to sign at the meeting and told once hey we're typed up I could view them and sign them. This was over 2 months ago and still no response.
I did receive a telephone call and a letter to invite me to the grievance meeting. I was also told I was able to take somebody with me, but at this stage didn't understand it would take so long and went alone.
I am aware of the costs of an employment tribunal, which is why I am trying to settle this ASAP, hence having ACAS contact my employer (on 3 occasions).

I have 'supervision notes' which contradict themselves and tell me that my actions were 'nonsense'.

I did have a witness, although his employment ended on 28th February as he did not like he manager either, although was not discriminated against. I asked at my meeting that he was met with before his employment ended, although they never did. As far as I am aware they have only interviewed me regarding the grievance so far.

My complaint is that my manager was constantly putting me down, especially when there were other staff around. I am a team leader and was being told that I was unprofessional and didn't know what I was doing in front of the team I had to manage. In addition I received no training at all, and was told I had received induction and should know what I was doing. Each time I asked for clarification from my manager she told me that I was a team leader and that I should know, never clarifying the information or situation for me.
Eventually to top this off I was told that it was not appropriate to discuss my relationship with my boyfriend (same sex relationship). I questioned this and stated other staff members were discussing engagements and marriage proposals, to which I was told it was different and that I am not allowed to discuss my relationship.

It got to the stage where I was unable to work around my boss as I was so anxious that anything I did was going to be reprimanded and leave me embarrassed in front of the staff team.


My grievance was raised on the 3rd February so I know I need to get something sorted ASAP for employment tribunal, although wish to avoid this. I have sent 2 letters asking for responses and asking politely if this can be resolved and even told them directly in the letters I don't want to go to tribunal, but will if this is not resolved.

I also asked for my accrued holiday (around 10 days) to be paid on my March wage as they were rebooked. I was advised by senior HR hat this could not be done. I sent them a letter outlining the law and my contract of employment which stated I was allowed to do this, and they ignored this and never replied. In fact, the only response I ever had was to invite me to the initial meeting 3 weeks after I raised my grievance.


Regards

Daniel

Takeaway_Addict

Danielab wrote: »

Thanks for responding Phil.

I am still employed although on sick leave with work related stress. I have had an occupational health appointment which has confirmed that work is the reason for my absence.
I have only worked for the company since December 2013. I would walk, and leave them to it, but I feel that the person who has made me feel this way needs to understand the implications of her actions.
The meeting was to discuss my grievance. There were 2 members of senior HR staff present. They asked me about my entire grievance, incidents I had raised and how they made me feel. I was not given any notes to sign at the meeting and told once hey we're typed up I could view them and sign them. This was over 2 months ago and still no response.
I did receive a telephone call and a letter to invite me to the grievance meeting. I was also told I was able to take somebody with me, but at this stage didn't understand it would take so long and went alone.
I am aware of the costs of an employment tribunal, which is why I am trying to settle this ASAP, hence having ACAS contact my employer (on 3 occasions).

I have 'supervision notes' which contradict themselves and tell me that my actions were 'nonsense'.

I did have a witness, although his employment ended on 28th February as he did not like he manager either, although was not discriminated against. I asked at my meeting that he was met with before his employment ended, although they never did. As far as I am aware they have only interviewed me regarding the grievance so far.

My complaint is that my manager was constantly putting me down, especially when there were other staff around. I am a team leader and was being told that I was unprofessional and didn't know what I was doing in front of the team I had to manage. In addition I received no training at all, and was told I had received induction and should know what I was doing. Each time I asked for clarification from my manager she told me that I was a team leader and that I should know, never clarifying the information or situation for me.
Eventually to top this off I was told that it was not appropriate to discuss my relationship with my boyfriend (same sex relationship). I questioned this and stated other staff members were discussing engagements and marriage proposals, to which I was told it was different and that I am not allowed to discuss my relationship.

It got to the stage where I was unable to work around my boss as I was so anxious that anything I did was going to be reprimanded and leave me embarrassed in front of the staff team.


My grievance was raised on the 3rd February so I know I need to get something sorted ASAP for employment tribunal, although wish to avoid this. I have sent 2 letters asking for responses and asking politely if this can be resolved and even told them directly in the letters I don't want to go to tribunal, but will if this is not resolved.

I also asked for my accrued holiday (around 10 days) to be paid on my March wage as they were rebooked. I was advised by senior HR hat this could not be done. I sent them a letter outlining the law and my contract of employment which stated I was allowed to do this, and they ignored this and never replied. In fact, the only response I ever had was to invite me to the initial meeting 3 weeks after I raised my grievance.


Regards

Daniel

***just my view and get professional advice before acting***

12 pages is far to much and causes more problems than you think it solves, especially if you rambled. You should have kept it concise and then in the meeting gone through it.

The part of discussing your relationship is out of order and unacceptable by your supervisor but have you actually stated what you want to remedy this? An Apology? Money (why money if so?)?

It sounds the employer is going one of two ways, taking it seriously and investigating it fully or playing the waiting game knowing it will cost you to go to a tribunal and will likely deal with it at a later date.

Considering you have worked there so little a time and actually apart from the relationship issue very little you have put is against the law (bad practise maybe) I can see why they probably are playing the waiting game.

You either have to accept this and wait it out or push on them stating that if the grievance isn't dealt with by X then you will have to raise a tribunal claim before Y. This may get them to act but again it might not and could backfire on you if you don't follow it through.

If you have little proof you will find a tribunal difficult.

A suggestion might be to ask for a compromise agreement, a small payment and an agreed reference to leave the company and you move on with your life.

I am guessing you are not a union member and ACAS are toothless, you cannot make the employer goto mediation.

Takeaway_Addict

If you want some brutal but truthful advice I would suggest posting on redundancyforum.co.uk as well considering how complicated your case might become.

specialboy

Danielab wrote: »

Thanks for responding Phil.

I am still employed although on sick leave with work related stress. I have had an occupational health appointment which has confirmed that work is the reason for my absence.
I have only worked for the company since December 2013. I would walk, and leave them to it, but I feel that the person who has made me feel this way needs to understand the implications of her actions.
The meeting was to discuss my grievance. There were 2 members of senior HR staff present. They asked me about my entire grievance, incidents I had raised and how they made me feel. I was not given any notes to sign at the meeting and told once hey we're typed up I could view them and sign them. This was over 2 months ago and still no response.
I did receive a telephone call and a letter to invite me to the grievance meeting. I was also told I was able to take somebody with me, but at this stage didn't understand it would take so long and went alone.
I am aware of the costs of an employment tribunal, which is why I am trying to settle this ASAP, hence having ACAS contact my employer (on 3 occasions).

I have 'supervision notes' which contradict themselves and tell me that my actions were 'nonsense'.

I did have a witness, although his employment ended on 28th February as he did not like he manager either, although was not discriminated against. I asked at my meeting that he was met with before his employment ended, although they never did. As far as I am aware they have only interviewed me regarding the grievance so far.

My complaint is that my manager was constantly putting me down, especially when there were other staff around. I am a team leader and was being told that I was unprofessional and didn't know what I was doing in front of the team I had to manage. In addition I received no training at all, and was told I had received induction and should know what I was doing. Each time I asked for clarification from my manager she told me that I was a team leader and that I should know, never clarifying the information or situation for me.
Eventually to top this off I was told that it was not appropriate to discuss my relationship with my boyfriend (same sex relationship). I questioned this and stated other staff members were discussing engagements and marriage proposals, to which I was told it was different and that I am not allowed to discuss my relationship.

It got to the stage where I was unable to work around my boss as I was so anxious that anything I did was going to be reprimanded and leave me embarrassed in front of the staff team.


My grievance was raised on the 3rd February so I know I need to get something sorted ASAP for employment tribunal, although wish to avoid this. I have sent 2 letters asking for responses and asking politely if this can be resolved and even told them directly in the letters I don't want to go to tribunal, but will if this is not resolved.

I also asked for my accrued holiday (around 10 days) to be paid on my March wage as they were rebooked. I was advised by senior HR hat this could not be done. I sent them a letter outlining the law and my contract of employment which stated I was allowed to do this, and they ignored this and never replied. In fact, the only response I ever had was to invite me to the initial meeting 3 weeks after I raised my grievance.


Regards

Daniel

Where about in law does it say they must pay you accrued holidays whilst you are off sick?

Danielab_2

Hi Takeaway Addict,

The letter of grievance was a list of incidents, which I was requested to put into writing when I submitted it. It was not an a chastise list either, simply what I had documented when the behaviour began. The information was concise, there was just a large number of incidents to include in the letter.

I am aware of what claims I can make at tribunal, considering it is a discrimination case. I have spent a lot of time researching and also spoke with a very helpful and friendly employment law solicitor who has given me advice on what to put in my letters following the grievance.
Unfortunately, I cannot afford to have him to further action for me.

I am not in a trade union, regrettably.

I have given my employer a deadline, and as not to seem unreasonable on my part asked them to contact me if the deadline is not appropriate and to provide a realistic deadline on their part. I received no response to this.

ACAS have asked about early settlement or a compromise agreement, which is where my employer told them they want to follow up the grievance and produce a response in the first instance.

I simply want compensating for loss of earnings whilst I have been off, and also just to keep me on my feet and not lose my car etc... Up until I can find another job. I have been told I can claim much more than this, but don't feel the need. I just want to be able to put this behind me, but as stated feel my employer should be aware of the consequences this has had on my health.

As I have mentioned I have contacted an employment law solicitor, but cannot afford for him to send any letters on my behalf etc...., though I am starting to think that this maybe my best option.

Danielab_2

SpecialBoy.... Google Stringer case law.... And it's in my contract of employment that if a holiday occurs during sickness absence, holiday pay shall be paid rather than sick pay.

Takeaway_Addict

Check your house insurance as it may have legal cover on it and see what others say but the average award at a tribunal is only about 5/6k and a solicitors fee if you pay it can quickly swallow this up as I am sure you are aware.

You may get more for discrimination but you have to think like a business sometimes, is it worth the money chasing this dream on a toss of a coin?

specialboy

The law says that you accrue holiday whilst on the sick, you can request that this be paid to you while sick but you cant demand it. Your contract may override the latter though.

Danielab_2

As far as I have been advised it was ruled that you can request to take and be paid for annual leave whilst on sick pay, as carrying over annual leave over a certain amount goes against more WTR.
I have been advised by the solicitor, ACAS, citizens advice and citizens legal advice about the issue regarding holiday pay.
I can only say what I have been informed, and my contract certainly does override it of it is not the case.