Suicide thoughts, Investigation for alleged gross misconduct and grievance letter

25102020

Hi all, this is a long post but I need to specify every detail as I am in a real emotional crisis.

I'm currently passing through a really distressing time at work which is affecting the state of my mind to the point I ended up in the A&E of my nearest hospital seeking mental health support for suicide thoughts.

I received support, and will start phycological therapy soon to seek treatment. I was put on sick leave for stress at work reasons and I have recently handed the note to my employer.

The reason behind all of this is that my manager and HR department started an investigation process against me for alleged gross misconduct, and this process was started after a bully colleague wrote a statement where he falsely accuses me of wrongdoing, he has not real grounds or evidence to prove this so my manager and HR won’t find any proof about this.

This false allegation of my colleague is the final straw after a serie of bullying and harassing behaviours and also sex discrimination behaviours of him against me over the last 11 months. Because of this, I raised a grievance against him after the investigation meeting ended.

His continued bullying and harassing attitudes and sex discrimination over the last 11 months plus the illegal act of defamation that led the company to start an investigation process against me is what led me to an absolute high level of distress, depression and now suicide thoughts for which I'm seeking phycological therapy support.

It's important to mention this colleague is a misogynist guy whom a previous female colleague raised a grievance against too. The fact he's still working for this company after all of this indicates me HR or the Department I work in (including my manager) are not interested in doing anything against him (according to a good colleague of mine he thinks this is probably because they fear being accused of racism in an employment tribunal).

Now, how should I proceed from now? I am completely lost on the course of actions I should take after the grievance letter and on how to protect myself in case the company comes against me- I have a really unreliable, immature (young) and unfair manager who I don't trust anymore in as she was the one who initiated this investigation using as evidence a statement of my colleague, not real facts or real evidence of my alleged gross actions (as I said I didn't do what he's accusing me of, so they won't find this evidence).

 

So my questions are-

1) I have no money to pay for a solicitor nor am I member of a Trade Union, I work in the insurance sector, so could someone suggest me a reliable Trade Union for the insurance sector I could subscribe to and get help and support in the next few days?

2) What other legal help for my case is it available apart from a Trade Union?

3) I have real-factual evidence of a least 4 out of the 6 illegal actions of my colleague I chronologically described on the grievance letter, this includes the very letter sent to me by the HR to join the investigation meeting where the name of the bully colleague appears alongside his false accusation (I am aware this false accusation is a crime according to the Defamation Act 2013) and letters of the A&E about my mental health, reports written by my GP about my mental health and now the phycological therapy appointment (I am aware that my current awful state of mind is an usual consequence of continued/repetitive bullying, harassment and sex discrimination according to the Harassment Act 1997 and the Equality Act 2010).

 So how can I use this in my favour? I’ve been contacted by the HR (during my sick leave, it appears as if they don’t care if I am on sick leave!!) to have a conversation with them about my grievance letter as they want to start an investigation process against the bully colleague. Should I respond to HR during my sick leave? I am not in a good state of mind at the moment. But when my sick leave ends how should I use this evidence? How should I hand it? Can I ask for compensation for the salary lost during my sick leave and for the awful mental distress they are causing me?  What should I do from now?

 Thanks in advance.

Diamandis

Without knowing exactly what was said it's hard to advise here to be honest. Someone has said you've done something wrong, they company can't really be blamed for your suicidal thoughts and mental health issues investigating that.

You will not be able to get help from a trade union after you have had an issue. It's basically like buying insurance after your car crash. 

If you give us a bit more information about what has actually happened and what words were said we can maybe offer more advise on where to go but I'd definitely start looking for new jobs. 

oh_really

Due to the complexity and possible legal costs, a trade union is very unlikely to offer much in the way of assistance.

Given the history why didn't you join a union 11 months ago?

tacpot12

I doubt you will get help from a trades union you have just joined. Do you have home insurance? If so, you might have legal expenses cover as part of this. If you have this cover you can get legal advice, and possibly even legal representation from your insurer. 

If you don't have home insurance, call your local Citizens Advice, they might be able to help with some support. 
The evidence you have needs to be submitted to your employer, but you can also show it to an Employment Tribunal if your employer does not do anything with the evidence you have provided.

It is reasonable for HR to contact you while you are on sick leave to discuss your grievance, but you can ask them to be sensitive to the fact that you are ill and trying to recover. I would respond to HR; ask to take breaks if you find that it is becoming too much.

You say you have evidence of illegal acts by your tormentor, but are they illegal according to criminal law or civil law? If they are illegal according to civil law, you can't report them as crimes to police, and you will have to prosecute the illegal acts yourself if you can't afford a solicitor. This will require you to become an somewhat expert in legal process. I would suggest that you leave it to your employer to investigate the illegal acts, and if they won't do so, complain and then go to an Employment Tribunal. I very much doubt that the employer is worried about being accused of racism at an Employment Tribunal; what they will be concerned about is evidence. If it is your word against a colleague, they are going to struggle to know what to do, and may take no action, to see what you do.  You need evidence, and should focus on getting the best evidence you, which may come from other colleagues who have witnessed your harassment. 

Jude57

I agree with previous posters that union help isn't going to be available here, but check your home, car, life insurance to see if legal cover is included. Also, some fee charging bank accounts include legal protection.  Failing any of those, try your local CAB, but be aware they probably won't have an in-house employment expert, although they may be able to signpost you to local solicitors who might offer a free half hour of advice.

You could also try no-win, no-fee solicitors, but be very careful when signing up with one that you fully understand how their fees will be paid. They are unlikely to take your case if there's no real prospect of success, but  they'll make sure they get their fees in any event, from you if you lose.

Another possibility is the law department of your nearest university as they may have people who can help on a free basis.

If you've ever been in the armed forces, including reserves, your local Royal British Legion or SSAFA branch can offer help and support. Finally, check if you have a local Law Centre, these tend to be in larger cities, but there may be one near you.

Apologies for the long post but hopefully some of it is helpful. Good luck OP, and take care of your mental health first and foremost.

Gundam_epyon113

Hi 
You seem to have gone through alot 
First check if your mental health is covered by the equality act. 
I have the same problem.
Trade unions may not be able to help as your problems have been ongoing for a while.
There.is a website called mybarrister where actual emoyment law barristers will be able to help but of course they cost money.
You dont need a solicitor, what you need is a barrister.
If you wish to take this to a tribunal then you must first exhaust all your grievance procedures as the tribunal wont listen to your claim if you haven't done this.
Also if you take a legal representation to your grievance hearing then the company will be afraid of you.

What is most Important is your mental health.
Have you been diagnosed with a mental health condition,?

steampowered

At this point I think you have to focus on getting better. Don't focus on trying to sue the employer as that is just going to cause you more stress.

It might be that the best thing you can do is start searching for another job and simply move on with your life.

Based on your post it sounds to me like your colleague is a nasty piece of work, but I struggle to see from your post what the employer has done wrong.

Your employer investigated your colleague's accusations. Your employer does have to investigate - otherwise how are they going to know whether the accusations are true or not!

Now the employer is investigating your grievance. Isn't that exactly what you want them to do? Doesn't the fact you have been contacted indicate that the employer is taking your grievance seriously? Although you are on sick leave you do still need to engage with the grievance process if you want your grievance to be investigated.

cupcakelady

I am sorry to hear what you have gone through and are going through. I hope you feel much better soon and that the support you receive is beneficial.
I joined a trade union in the past after I had a problem at work (different work sector from yours) and they did give me advice on the matter although they couldn't represent me if I had gone to court, so it could be worth contacting a trade union and asking them if they could still advise you or offer you any help if you joined them. Perhaps your workplace already has a union which you could join. I searched for trade unions for the financial sector including insurance for you (on the site https://findyourunion.tuc.org.uk) and found a couple that cover the sector including "Unite the Union" and "Community".
ACAS can also give free advice on work related issues and it is worth contacting them if you feel up to it to hopefully help put your mind at ease.
Regarding legal help from other sources, you could contact Citizens Advice who might be able to help. Law Centres can help too, where you might be able to get advice from a solicitor or legal adviser for free. (https://www.lawcentres.org.uk/i-am-looking-for-advice)
I do think you should prioritise your own health and try not to worry - as you say, the allegation against you is false and there is no evidence so I would not worry about this. Regarding replying to HR, if you don't feel up to discussing the grievance matter at the moment as you are not well currently and under immense stress,  you could perhaps simply reply telling them this.