Complained about boss for bullying and now facing disciplinary

74jax

Was it part of a reference perhaps?

elsien

With regards to your high blood pressure:
The GP can diagnose stress. They can confirm dangerously high blood pressure.
What they can't do in any meaningful way is diagnose work related stress. They only have your word for it what the stress triggers are, and there are occasions where people blame work when the reality is all sorts of other contributory factors. If I were you, I'd be careful about drawing a direct causal link to your employer between the bosses behaviour and your physical health because it's going to be near impossible to prove.

Coastie

74jax wrote: »

Was it part of a reference perhaps?

No it was after.

stator

Coastie wrote: »

No it was after.

You need some professional advice.


It was very stupid of your old employer to do this, as if you have no new job to go to, you might as well put in a claim for constructive dismissal. Get professional advice.

Les79

elsien wrote: »

If I were you, I'd be careful about drawing a direct causal link to your employer between the bosses behaviour and your physical health because it's going to be near impossible to prove.

Prove to who?

I think you are right in one respect (the reason could be something other than work), but in another respect if this ends up in tribunal a doctor's form which makes the direct casual link will be PERSUASIVE in helping to make the link.

OP, I would also advise you to seek professional advice here. Could be a good case here if you can provide evidence to support your version of events.

I note that you initially mentioned that the reason for disciplinary was not disclosed. Has it been disclosed now?

If not, that could be a bit naughty.

Have a read of:

https://www.gov.uk/disciplinary-procedures-and-action-at-work/how-disciplinary-procedures-work

https://www.acas.org.uk/index.aspx?articleid=2174

Have they complied with these (particularly the GOV website)? Also, what does the employee handbook say and have they followed correct process there? If they haven't, then TELL THEM! And be sure to appeal the decision and point these out.


You could also put in a Subject Access Request for all information that could prove useful in the future. I'd be asking for things like:

- A copy of your personnel file, including all fit notes submitted, all shifts worked, all holidays taken etc.

- A copy of all internal notes/emails/documents which contain your personal information relating to this disciplinary, including reasons for the action being taken.

- A copy of the phone call transcript made to your new employer (not sure if you can have this though)

- A copy of all notes/emails/documents relating to the incident which you initially raised to them RE: bullying.

I'm not convinced that a GDPR breach has taken place simply because you are being vetted by the new company and you gave permission for both parties to share precisely that sort of thing!

If your current disciplinary is unfounded and could be packaged as "constructive dismissal" and/or even possiby "whistleblowing discrimination" then you could have a good case like! 11 years of employment and the fact that it has impacted on your new job (libel?) could potentially be a hefty payout.

BUT I'm really jumping the gun here! I'm not a solicitor, and you don't sound like you are in good health to take it to ET (though you can have someone represent), so you have to think about it carefully. That being said, I'd probably recommend the SAR and speaking to maybe ACAS and/or a solicitor to field the idea.

LilElvis

Coastie wrote: »

No it was after.

So, if you asked your current employer to supply a reference it might not be deemed as unreasonable for them to update it to reflect the current circumstance - that you are now subject to an investigation for gross misconduct whilst still in their employ. Only paid for legal advice would be able to definitively tell you whether you have a course of action against your employer.

billy2shots

LilElvis wrote: »

So, if you asked your current employer to supply a reference it might not be deemed as unreasonable for them to update it to reflect the current circumstance - that you are now subject to an investigation for gross misconduct whilst still in their employ. Only paid for legal advice would be able to definitively tell you whether you have a course of action against your employer.

^^^^^ This.

When they supplied the reference you were not facing a disciplinary. That subsequently changed and now they have updated that fact with your future employer.

Breach of GDPR? Careful people or we will return to the days of employing potentially dangerous and abusive people without ever knowing allowing them to hide behind all the red tape and harm again.

M_Python

Coastie wrote: »

As my new employment has been secured and references are not required, should I assist with the investigation?

In which case, how did your current employer get the details of your potential new employer?

scaredofdebt

Coastie wrote: »

Had a shock today. I have agreed to be interviewed next Wednesday regarding the gross misconduct allegation but have then heard from my new employer who i start work with in 2 weeks time, that someone from my company telephoned them today to tell them i am being investigated. My new employer has now emailed me to say that the job offer has been put on hold. Surely this is a breach of data protection?

You need a Lawyer who has experience of employment law. Depending on exactly what has happened your ex-employer is in serious trouble.


You need details of who rang and what was said in detail. I would also write to your new employer with details as per this thread so they can pretty quickly work out the ex-employer is being vexatious.


Personally I would have simply resigned without notice citing my 40 days holiday are in-lieu of notice, you owe them nothing.

[Deleted User]

Coastie wrote: »

Had a shock today. I have agreed to be interviewed next Wednesday regarding the gross misconduct allegation but have then heard from my new employer who i start work with in 2 weeks time, that someone from my company telephoned them today to tell them i am being investigated. My new employer has now emailed me to say that the job offer has been put on hold. Surely this is a breach of data protection?

Of course they did. Just like you had "40 days" leave, which is actually 2 months leave but you were going to leave in 6 weeks? And then resigning with 30 days notice.

What employer gives you all your leave for a year upfront? 99.9% would pro-rata it, so you earn roughly 2 days a month. But amazingly, you have a full 30 days plus your 10 you rolled over?

And now your old employer has magically contacted your new one, even though they didn't know who it was because you didn't need any referencing for a job where you needed vetting?

I've read more believable fairytales.