Forced to resign

Undervalued

Blodwyn26 wrote: »

The employer will not nogotiate a settlement but will be willing to accept my notice. My employer is a housing association. There is no possibility of redundancy.

Sorry but get the union to try again. If they won't then come back here and tell us exactly why.

"The employer will be willing to accept my notice" is meaningless. Apart from a few regulated professions, where you cannot resign if under investigation for gross misconduct, an employer has no choice but to accept a resignation!

However it is not in your interest to resign without a settlement. You have next to no chance of winning a constructive dismissal case but, if you are dismissed, you might have a bit better chance with a "normal" unfair dismissal claim. I am no saying you would win it if it goes the distance but it give another opportunity of agreeing a settlement with a reference.

sangie595

Blodwyn26 wrote: »

The employer will not nogotiate a settlement but will be willing to accept my notice. My employer is a housing association. There is no possibility of redundancy.

Would it be possible for you to please answer the questions? It really isn't easy to advise you when you don't!

In what context have they actually said that they will be willing to accept your resignation? Has this been discussed? Between whom? What was said?

Why are you unhappy with the way the union has dealt with this?

Who suggested a settlement agreement? What was said in the refusal? Was a reason given?

When you asked to be moved somewhere else, what reason was given for the refusal?

Look, being blunt, a housing association is a quasi-public authority. They not only have the normal legal duties relating to equality, but they have an additional equality duty. Just leaving aside every bit of the story involving allegations of bullying and so on, there is a clear fact that you have a disability and they are quite aware of that. Even a claim of disability discrimination that they win would cost them dearly. Losing would cost even more. And there is reputational damage to consider too- they are the type of employer who would care about that.

Your portrayal of the employer is of one that is stone cold belligerent and won't budge an inch over anything. Even if they could. That description, and the type of employer, are at odds . So they are either (a) very stupid or (b) absolutely 120% sure of their grounds. Maybe the former is possible, but it's unlikely. And the version of events you have posted here, whilst in places indicates poor judgement in some respects on your part, does not equate with the latter. In other words, there is absolutely no obvious reason why they would be so certain of their position as to refuse to even consider a settlement. Your actions described here do not constitute enough of a reason for them to feel in that position. So I must conclude that there is something not posted here that makes them feel unassailable. Do you know what that is?

People here are really trying to help. Nobody wants you to be in a position where you are forced out without anything. But we need to understan, and at the moment things don't add up. If you answer the questions then they might. And then we might actually be able to suggest a strategy. Otherwise we are left only with "ask again" which I agree may not be productive, and you obviously don't think it will be.

Transformers

Blodwyn26 wrote: »

But what if they start the capability process wouldn't this go in my record and hinder me from gaining employment elsewhere?

You've already got a high level of sickness which will hinder your future job applications.

Blodwyn26 wrote: »

It is not acceptable that a colleague assualted me and yes I insisted they took disaplinary action as I don't go to work to be assualted and feel that this is not ok....there is such a thing as duty of care which I believe the emplyer has towards a member of staff who has been assualted at work.

Company has declined giving any settlement and union stated that they would be looking at starting capability route due to bring on sick stress breakdown and anxiety and depression.

Employers cannot be responsible for criminal acts (assault) carried out by their employees unless they had prior knowledge of intent and failed to stop the act or if they allowed harmful behaviour to continue.

Why do you feel you are owed a 'settlement'?

Do you simply mean an agreement about a form of words for a reference or are you suggesting you are owed compensation?

You started this thread asking about resigning because your employer wouldn't support OH recommendations. What do you actually want from this whole affair?

I strongly doubt a 'payoff' for past events is going to happen.

Plus, OH recommendations regarding reasonable adjustments are just that: recommendations. If the business cannot accommodate those recommendations and you are not able to undertake your current duties then capability processes will be appropriate.

Blodwyn26

Sorry for the late reply. Riteo here goes.....

I sware I have said everthing as it is there id nothing that I am hiding as far as I am aware of.....

I was assualted I had to beg employer to take disaplinary action as I was scare of working with this woman and felt that if there was no consquences displayed then the bullying mobbing and further abuse would continue.

I did not want to see this woman in trouble however this woman has been aggressive to others in her previous teams int he past .....
she joined my team as there was a huge restructure and many of my colleagues left we had nearly all new young members of staff who were scared of her and the ones who wasn't scared were her best mates all managers and team leaders just to add.

The woman in the end was disaplined however she chose to leave the company after 7 month investigation and disaplinary. During which I was isolated, ostracized and not supported by my manager the area manager and team leader who again to identify were her mates.

I placed grievance with my employer outlining the treatment i recieved by managers and some staff members....i asking for an acknowledgement that I had been assualted and requested training such as professional boundaries and so fourth for all staff members in our team so I could draw a line under the horrific past months and more on with confidence.

The grievance meeting ended up turning into another 7months investigation and wistleblowing procedure into my disclosures identifying treatment I recieved.

However shortly after the grievance meeting i had a stress breakdown...this brought on by the daughting knowledge that I would be agin isolated ostrosized and again with no support from managers and colleagues. I returned after 11 weeks however requested to move due to not being to cope with the enviroment in my location base.

Grievance outcome recieved 3 months after my return staying nothing substanciated however it did make a few recommendations. 3 months later I was informed of the data breach.

I raised a concern with my employer using ICO template to recieve a 6minute telephone call saying that they no longer needed me to continue with my job of 11 years however there was a position available working under the team leader I had complained about in the grievance and wistleblowing.

I completely went into panic and basically broke down the GP states it's anxiety and depression....i also requested help feom union ro look at nogotiating a settlement to exut.....i have also had a fibro flare lasting 4 weeks.

I have been in sick leave for 2.5 months, I have attened Occ Health who has written his report staying that I am capable however he suggest that I have a new location base and work under different management. That report was recievd 3 weeks ago the employer has not been intouch since.

A month ago the area manager came to my home alone to complete a welfare check and we discussed why I was im sick I explained my reasons which are due to the office enviroment, and anxiety of working under the team leader. The area manager said off the record she usnt going anywhere and there's nowhere else for you so you haven't got a choice.

I then again after several emails and calls to union which had been ignored asked my union head office if they could approach my employer and nogotiate a settlement for me to exit. The regional office and case worker were annoyed I ring head office and was a little off with me. Case worker for back to me Monday and said that regional union officer had spoken to employer and they have stated that will not settle however they will accept my notice. Yes I had 11 weeks returned for 6 monthd and have been off again since august 10th.

Blodwyn26

The managers had prior knowledge I informed them the 8 months prior that bullying had began and also 3 and 2 months before I have emails which I identified I raised this. This woman's assualt was horrific however it's the treatment from senior members of staff, lack of or rather no support and the ostrocising......and the fact that had prior knowlege, they were asked several times to complete a risk assessment which was not done i brleiev that if support was in place tehn i would not have had a breakdown and thats why i believe there is a settlement due. It's not money it's the reference the fact that I have been forced into being ill which has had an effect on my sickness record.....this has been through no fault of my own. Well may be I should have got the hell out prior when seeing the signs but I never thought my employer of 11 years would condone treat me or anyone else like this to mr honest.

sangie595

OK. I wouldn't normally suggest this, but you need to speak to a lawyer. If you have no confidence in the union, then that is your only other option. I still cannot see why an employer of this type would put themselves at so much risk, and I cannot see any other way forward. Sorry.

Blodwyn26

There has been other cases which I have recently been made aware of within my company where employer has been accused of racism, sexual harrassment and homophobia. The employer have just merged with a large group due to finacial difficulties my guess is that thet are about to restructure and reduce wages again putting us inline with others in this group and long standing members of staff are being pushed out.

Nicki

What was the nature of the assault? Any unwanted laying on of hands is technically an assault, but I'm afraid most employers would regard an employee complaining that a colleague had taken their arm and lead them to their desk (against their will) very differently to an employee complaining that someone had for example slapped them in the face.

So what exactly happened, and was your reaction to what happened proportionate, taking into account you were always entitled to complain, but it would have been expected that your long term reaction would be expected to be proportionate to the actual event?

Undervalued

Blodwyn26 wrote: »

There has been other cases which I have recently been made aware of within my company where employer has been accused of racism, sexual harrassment and homophobia. The employer have just merged with a large group due to finacial difficulties my guess is that thet are about to restructure and reduce wages again putting us inline with others in this group and long standing members of staff are being pushed out.

I'm afraid that is largely or totally irrelevant to your case.

Also, in an earlier post you said you had to "beg" the employer to take disciplinary action. I'm sorry but you have no right to do that. You have every right to complain about a colleagues actions to your employer. If you feel a crime has been committed you can go over your employers head and complain to the police. You may under some circumstances have a civil claim against your employer for damages. But what you do not have is the right to demand that your employers takes disciplinary action any more than you can force the police or the CPS to prosecute.

You have still not explained why you feel your union is not being helpful. Is it because they are correctly telling you the legal position and it is not what you want to hear? Ultimately if you do not trust their advice and you want to pursue this you will have to consult a solicitor. Maybe your house insurance provides some legal cover for employment disputes. Many policies do. However, once you do this your union will provide no further support whatsoever so keep that in mind.