Hi all

Some advised needed if possible.

Basically I am extremely stressed at work. I work with Service Users and have been attacked twice this year. But I love my job and basically plod on.

The past year we have been low on staff to the point where I am the only female in the group. After the second attack on me a male co-worker said the trouble is that I am in a mans world, what do I expect.

I complained to my line manager, I said not to say anything just yet as I would like to see if the co-worker says anything else. So we agreed to keep this on my supervision notes.

Next day while in the office on my own, the co-worker verbally launches at me, shouting that I have complained he is sexist.

Then the next day in front of about ten people, he just shouted at me I was a snitch.

So I have written to the top of HR to tell them how stressed I am and that I am at the point of going on the sick - but something that I do not want to do. I have told them how stressful the job is and have asked them to consider giving me another job.

I have done my current job for 15 years now.

Am I right in thinking that by common law HR have a duty to reduce my stress and help me find another position within the company.

Any advice welcome

There is no actual 'law' which says that they should help you, but they would certainly be bordering on negligent if they do not, and may even face a Constructive Dismissal case or an allegation of discrimination if they do not work with you. There may even be a personal injury claim against them, so it is unwise to not take the matter seriously.

The problem at present is that you have not done anything 'formally'. Off the record chats and waiting to see what develops are noble thoughts, but you have basically asked the employer to do nothing. You now have to make this a formal grievance over the behaviour of your male colleague, and of the employer in disclosing your complaint to the person concerned and allowing the abuse to take place. Maybe even the lack of personal safety in being attacked by service users.

Once a grievance is recorded, the employer is duty bound to investigate and act on the findings appropriately. This should ideally involve a recognition that the colleague's behaviour is completely unacceptable, both in the event itself and afterwards (personally I believe the colleague should be suspended pending investigation/disciplinary) and support for the stress that you are under, with your duties changed accordingly. Ultimately you should be asked what your ideal outcome should be and if this involves the opportunity to consider alternative roles then so be it.

That is all down the line however, and for now, you should make the grievance a formal one since the behaviour of the colleague has worsened (and was witnessed by others). If you intend to go down the sick route then it is essential that this is backed by a medical opinion. If your thoughts turn to legal matters, then the employer has to be given the opportunity to correct the wrong and you should exhaust normal procedures before even thinking of leaving.

It is vitally important that you document and record all goings on

WHEN (Date + Time)

WHAT

WHO (Person who did action and People that witnessed)

WHERE

HOW IT MADE YOU FEEL

Also look at your procedures for grievance, familiarize yourself.

IF not a union member ask for a witness at any grievance hearing.

In the hearing insist they take notes

Insist on reading the notes making sure they capture the important details of the meeting

ONLY sign them if they are accurate to what happened in the meeting. Request changes additions deletions if they are not accurate. If they will not make the changes "Sign Under Duress"

Request copies of the notes and make sure the request is made towards the end of the meeting and noted in the minutes including agreements on how they will be provided to you.

As there is an element of sex discrimination in your complaint, normal tribunal time limits on service do not apply. HOWEVER a tribunal must receive yoru complaint 1 day LESS than 3 months from the last related incident being complained about. Even if procedures are ongoing you can lodge an ET1 and then request a stay to have proceedings suspended while the procedures are exhausted.

HOPEFULLY though you will not need to go that far. If you did you would be advised to seek legal advice form a professional but bear in mind that time limit. Do not let that time limit come and go.

Also send your grievance letter recorded delivery, keep proof postage AND signature of receipt.

Are you aware of jobs in other departments you could apply for? As this seems to be your preferred outcome.

Hi all

Thanks for the replies and advice. There are other departments and roles that I can move to.

I would prefer to just move. I believe that after speaking a co worker today that, by sending in this letter to HR that the grievance procedure has started.

I know that my line manager knows about the letter, as I had to call him today about something and he answered the phone in a rude matter of "What do you want".

Last week I did say to my line manager that if he did not do anything that I will go to HR, he just told me to it. My manager and this co-worker are really good friends so I can see why he is not willing to do much to help me.

But we will see tomorrow Monday what will happen.

But thanks again for the replies. Helps me to know that I am doing the right thing now.

Hi all

Well the head of HR emailed saying as a matter of urgency this will be dealt with.

Today while on my holidays a heath and well being officer in HR called and asked for a meeting. While I am still on holiday.

Not sure what they want, can anyone shed any light on this one for me.

I'd say "to help"!

Hi All

Well HR have finally called and after talking to them the grievance is in place. But they have moved me to another office which is over 40 miles away. They say that if I win the grievance I will have the choice to stay where I am or return to my office.

They say that the move is for my own safety.

Hi All

Well after a meeting with my solicitor, basically he is saying that the company will close ranks on this grievance. I should really start to look for another job, as in time the company will be wanting rid of me. Which in a way I knew I was digging my own grave once the grievance went in.

So reality is, if they close ranks I have no chance at all in winning this. I have a meeting on Friday to see about my grievance, but I am the last person they want to speak to. They have already spoken to the person I am accusing and my manager. I did think that I would be first.

So in my mind I know that I have already lost, so when my meeting comes all I can do is go in to it, and hope that they believe me.

I have looked around on this site and many more and there is not one case I can find in a grievance producer that has won, so again not much hope there.

So there it is, hope that there might be a little bit of advice for me on here to say I am and was doing the right thing in sending the grievance.

Thanks

Well, in my work place plenty grievances get upheld.they tend to be straightforward and not need much advice so you won't see them posted here. But it does happen!

Emmzzi

Am I right in thinking that you are in HR?

I would say that the grievance is still very important.

You are alleging bullying on the grounds of your sex. The employer has to be seen to investigate and whether staff close ranks or not, their response will be a matter of written record. They cannot afford to have it resurface without taking adequate steps early on. It may be a grievance now but would cost them a fortune to defend a potential ET claim later on.

Emmzzi

Am I right in thinking that you are in HR?

See my signature. Is there something I can help with?

Might i ask, what about the below as to stress.

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

Hi All

Basically the investigation has started and my interview was brought forward. I told them everything that been happening to me. In fact I got so stressed and upset that I basically blurred out all the wrong doings that have been going on in our section.

They tried to say that was I not reading the actions of my co-worker wrong and I was being over sensitive, which i strongly said no to. Thats was the point when I felt I was trying to prove my point about the co-worker and what his whole attitude was like, stating names of people who could match what I was saying.

I came out feeling no further forward. I let them know that because I started the grievance I have basically shot myself in the foot and this has totally stressed me out. I know that the investigation should be on facts, feeling and probabilities. But some how I feel I have lost everything now. Told not to talk to anyone. Then this morning my manager phones me and tries to discuss and get questions out of me as he is seeing them next week.

A few co-workers say that I have done the right thing and that I have nothing to worry about as in saving my job, put I do not see it that way. Maybe a a good thing for them as this co-worker will be off their backs after what I have done.

Never mind, at least they know how much my health has been affected, but there eyebrows raised as soon as I mentioned ET to them.

Thanks for listening to my rants

Hi All

I had put in a grievance against another co-worker for bullying and harassment.

the out come was 50 my way and 50 his way.

Whatever that meant.

while I was being questioned in this grievance I told the panel at the end that I had shot myself in the foot by bringing the grievance.

As the company does not want some one who makes trouble.

I was pressured by HR to bring the grievance and knew the moment it started it would lead to something else.

Well surprise surprise I am off to a disciplinary regarding a total different matter.

again being asked to have another meeting.

I am not so bothered as I have come to the conclusion that my career with this company is at an end.

Which I felt right from day one.

Never mind.

Just shows you are not allowed to have an opinion in this work place.