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  1. Towards the end of 2012, I took up employment but was "persuaded" to leave after just shy of 5 months (amongst other things, my line manager had threatened me with dismissal at my 6 month review and made a great play of "how difficult ii is for people to find work at the moment - particularly those who have been dismissed and with a poor reference"). My contract stated that the job would become permanent after this six month probationary period. I have a considerable amount of evidence (both hard and anecdotal) showing, I believe, that I was bullied into resignation but - given the timeline - will an Employment Tribunal even consider considering my claim? Thank you.
  2. A month ago i was assaulted by a pupil in school who has been charged with GBH (and admitted it). My husband works in the school as a teaching assistant. I have been working for them for 13 years, no disciplinary ever and up until this assault been told i am their best teacher. I would say that although i am not qualified i have been working as a teacher for the last 10 years. The school is an expensive private school and my bosses (a married couple) were furious that i reported the assault to the police. They said i shouldnt have as they were going for a contract that they wouldnt get if the education authority found out. They also said i shouldnt have gone to the hospital as this brings attention, the lad broke my cheekbone whilst headbutting me! The lad is bailed and cant come into school atm. They have been absolutely vile to me and my husband since this and trying to trick me into wrongdoings since. They didnt get the contract which they blame me for and indeed have said they have been threatened with an emergency ofsted inspection as they clearly tried to sweep the assault under the carpet. My husband and I have just turned up to work and done our job and put up with the dagger looks etc. They have sent references to bible verses saying we should forgive the lad and just generally being nasty. As we have refused to be intimidated they have now upped their efforts to unsettle us. This morning they sent us this text:- Hi guys, you know we think the world of you and, when you are working on all cylinders, you are great with relationships and interactions. However, it has come to light that some very serious things happened when we were away at the conference (this was early May when they were away for a few days) which need to be discussed immediately prior to you returning to school. We are available this weekend and can fit in with you (we could meet where you want to meet) If you cannot meet this weekend, we ask that you stay off school until you can meet us off campus - God can make a way. Absolutely nothing happened that either of us can think about and it was weeks ago so surely if there was anything they would have spoken to us about it. I know they are just trying to intimidate us and will probably try to either fabricate something or blow something small out of proportion to discredit us in some way. Any advice how to handle things, it would be very difficult to meet them anyway due to existing commitments. Can they ask us not to go in and if we dont, surely they have to pay us. I have joined a teachers union this morning but all other avenues of advice are shut over the weekend. The stress they are causing us is untrue, I am on heavy painkillers not just for the injury but also the headaches that the stress is causing. My doctor wants to sign me off but i cant survive on statutory sick pay an besides, why should I when I havent done anything wrong at all. Please advise, thanks so much.
  3. Hi, I reported a manager who seemed up to dodgy dealings in work. I was moved to another site/job as a result. The manager is still with the company. I have taken out a whistleblowing ET on this. Very stressed by it all. My new manager had a chat with me about work in general. He then went away and told my company bosses that I had agreed with him to drop my ET. We had not discussed my ET - I complained and I was told that the matter was closed. I took two months off with stress. I returned to work a couple of months ago and I still felt ill - I didn't know what the next bit of hassle would be ahead of my ET. There were some redundancies coming up and they were looking for volunteers. I decided for (mental) health reasons it would be best if I go. I have been there five years. I left at the end of the year. I feel badly done by. Can I take out a constructive dismissal case against my ex-employer even though I took redundancy - or should I forget it and move on?
  4. advise On behalf of a friend, My friend subsequently resigned from her job because she was told that she would be moved to anther location to work, this meant that her travelling to and from work would add another two hours travelling time to her journey (this would increase to 6 hours travelling to & from work each day). not to mention the extra cost. This location change was to be a straight swap with the person she was going to replace, she was told that the reason for the swap was because her skills was better suited for that location. The person who she was replacing also tendered her resignation for the same reasons (cost and length of time travelling to & from work). They accepted my friends resignation and kept the other person on at her original location, the company has since advertised and filled the position which my friend vacated, (the same job title e.t.c). My friend has a medical condition and is registered disabled, which meant that an extra 2 hours on top of the 4 hours commuting she was already doing was not manageable. the company's response to this was "its your decision where you live" . Surely the company has a duty of care. Thanks in advance for you help sandion
  5. Hello again CAGgers - 2 posts in one day is a new record for me! Anyway - I already have a claim going to ET for disability discrimination from mainly harassment that my ex-line manager gave me(I say 'ex' as he's been made redundant since all this happened(strange!) but I am still employed by this Company). Applying for a ET did actually spur the company into taking some supportive action like mediation but there seems a big gap in attitude between the companies Employment Relations(who are actually quite supportive and acknowledge that I've not been treated well) and my Director in my area of the business who is playing a 'straight bat' which ultimately resulted in mediation failing as he wasn't prepared to even acknowledge the issues I've had! Whilst mediation has been going on, I agreed to pause the grievance appeal, but as mediation failed, I had my grievance appeal meeting just prior to Christmas with another Director who has now upheld a major part of my grievance regarding the comments made to me by my 'ex' line manager but has said, since he has now been made redundant, there is no further action they can take. I understand this to a point but there has still not been any apology and my 'ex' line manager was still in post when I started the grievance procedure and he was interviewed as part of the grievance investigation. Anyway, now to the point of this post, I have spoken to an advisor I've spoken to at the CAB a few times about my case and, based on the grievance appeal being upheld, them now acknowledging the comments made to me(most of which saying that the Company didn't want me to come back) were wrong BUT failing to put adequate provisions in place to remedy the situation, she has suggested that a real option for me would be to resign and claim constructive dismissal. I can see where she is coming from but such a big step needs real consideration so any advice you could give would be appreciated?
  6. I have been employed since 07/07/2012 (5 months). I have 10-years work experience as a dementia carer; nurse's and nutritionist's qualifications; spotless track record. I work as a live-in carer on 2 weeks on/2 weeks off rota basis: 2 x Wed -Wed; paid breaks 7h on Wed (11am-6pm) and 4h on Sat (11am-3pm). Sleep in nights on call. Client (and a dog) has advanced dementia and is very mobile. I think this is more like a shift work, where the shift pattern is: 4 live in shifts (315 hrs) are worked in 14 days: Wednesday 6 pm – Saturday 11 am; 65 h; 4 h break Saturday 3 pm - Wednesday 11 am; 92 h; 6 h break Wednesday 6 pm – Saturday 11 am; 65 h; 4 h break Saturday 3 pm - Wednesday 12 am; 93 h; handover 315 h worked in 14 days. I believe my employer has committed a serious breach of my EC by: 1. Failing to pay NMW Required to work 315 h in 14 days, being paid £ 80 per day = £ 3.55 p/h. 2. Failing to provide minimum daily and weekly rest periods The breaks I get at the placement are: 7 h break (11 am – 6 pm) on Wednesdays; 4 h break (11 am – 3 pm) on Saturdays. 3. Serious breach of the 'duty of mutual trust and confidence' a) by accusing me of gross misconduct (on 29/11), Unprofessional conduct: raising concerns about the Company and carer colleagues with the client representative (client's son). I replied to Client Son's personal text message to me about his Mum, making a comment about the Company and relief carers. I felt this was my duty of care to let the son know how his mother is being treated by relief carers the company is providing. They are accusing me of Crossing professional boundaries (Company's Policy 93) and Failure to follow their policies and procedures.When I asked what policies and procedures do they mean, manager said Policy No 93. Said I haven't seen it, he said it was available on the website and was included in my employment contract (not true). Was given the copy of Policy No 93: Professional Boundaries on 06/12. b) by imposing a suspension with pay (on 29/11), Suspension Grievance on 30/11. c) giving a warning of possible summary dismissal (on 06/12) before the disciplinary hearing ( 13/12) (adding to unnecessary stress) Suspension was a “final straw”. Other perhaps relevant breaches and actions: 1. Failing to sign off my Common Induction Standards (Care Academy), which I have completed/passed in 09/12 and it is pending sign off since I passed my probational period (07/10/12). 2. Failing to acknowledge my name. I changed my surname in October and notified the employer – they are still referring to me by my old name (incl all the disciplinary documents). 3. Not treated equally and fairly (was lied to) when applied for Senior Carer's position within the company twice (21/09 and 14/11). 4. Elements of bullying from senior manager (who is in charge of senior carers) - destructive irrelevant criticism and irrelevant remarks undermining my abilities. I'm in the situation where I have suffered a psychiatric injury, I am not able to work or defend myself at the hearings in English, because my mental health has suffered: I have panic attacks and constant anxiety and tearfulness, difficulties to concentrate. I have no money for a lawyer, I have no money to pay my rent, I have no money to buy food. I have no money to go home for Christmas .. Could you please advice what should I do. Do I resign asap to be able to claim constructive dismissal? The disciplinary hearing is scheduled for 13/12 and I'm pretty sure they will dismiss me as they have warned be doing so in the hearing letter. I have documented everything and kept placement diary. Please help. Thank you.
  7. Hi all I work for a small Limited Company, I have worked there for 2 years 1 month. On the 7/11/12 my boss threatened to not pay me over the telephone, he said I am not getting paid so you are not. He is very much a Jekyll and Hyde character nice one minute nasty the next. I raised a grievance with him on the 8/11/12 sent him a letter saying you must pay me as my contract states on the last day of every month and I must receive pay slips which I have not received since he took over the business in August this year. He refused to discuss the issues with me and said there is no problem I will pay you. Come 30th Nov I had not been paid as per my contract date, so myself any my only other colleague contacted him and he said there was a bank error and we would be paid any day. On the 4th December he paid my colleague but not myself. To cut a long story short he sent me a threatening text message yesterday saying "I told you before I am not getting paid so you are not". I feel I have no other option as to leave and concentrate my efforts on finding another job as he simply will not communicate with me. I have submitted a money claim on line and paid the fee for my late wages. Acas have advised me to fill in the ET1 form for my late pay but I also wondering if it is worth claiming for Constructive Dismissal as I have been told this is very hard to prove? Edited post to add ever since he started, he has belittled my colleague in front of me and customers. Told us to make up prices as we go along, i.e. on a quiet day charge people more. Told me to lie to people to say the visa machine has broken so people can pay cash. Shouted at me over the phone I sit on my backside all day yet two days later told me I was doing a really good job, there are more things as well, he really is a nasty person. Thanks
  8. Hello all My issues were addressed at et last week and judge instructed I supply a schedule of loss. Now as it was 2 years deduction of wages [set at phr] I have no idea how to do that particular calculation. Could someone more knowledgable about that posssibly post up a small example a dunce like me can use? i.e. is just take two years past pay and lump together? or something else? I have not a clue... Much appreciated. All I will say is there have been some very odd things going on in the back ground around this case. One unusual thing is the direction to use a law changing case from 2010 which i had never heard/seen of when I was researching Constructive cases. Decision day soon. At least I will learn one way or the other if my interpretation of what has happened to me in the main is considered true or not. Cheers
  9. Basically, my work has a new supervisor and site manager now and the previous one moved onto bigger things. Anyways; she sees me as competition or a threat and has ever since been trying to get rid of me. She's given me numerous disciplinaries for the most ridiculous things. I was given a final written warning due to not signing out the sign in book. I admit I missed a few BUT I wasn't the only one; there were many yet I was the only one who got a disciplinary; the ****ed up thing is that I have proof that SHE herself wasn't signing the book and when it was time for it to be sent off; she AMENDED all hers and filled them in but left mine. That alone is clear victimization against me and bullying AND falsifying company documents? Yesterday I received ANOTHER disciplinary for not clocking the book again yet I looked through it and I missed one; just ONE. she's claiming that somebody else has been signing me out as well. Also in my company handbook there is a minor offence that is for minor missing clockins that I should of got before a gross misconduct right? I don't know about that one. There is a guy who is registered as blind and my manager allows him to use heavy moving machinery that cleans the floors with water and chemicals which puts himself and the rest of the workplace in danger; I told her these claims and she's said that its discrimination to not let him? Health and safety is a higher severity in my opinion, so who's right? There is a women who now sadly has cancer in my workplace and is off due to this but before she was off; my site manager thought it was funny to pop her tires on her pedal bike so she had to walk home. That is disgusting and vile if you ask me. My supervisor is always coming in under the influence of alcohol; he absolutely stinks of it but yet she doesn't open her mouth and tell him to go home or take any action against him. What is my best course of action? I have a disciplinary hearing with my divisional manager on Friday and I can't go in alone; they'll both rip me apart and stick up for each other. I'm going to lose my job and I shouldn't be; yet I have no money to help me. If anybody is in the Blackpool area and is a legal Representative I'd really appreciate the help with this one. Thank you in advance to anybody who posts.
  10. Hello Just looking for advice on whether or not I have a case for breach of contract / constructive dismissal. I have worked for my current employer for 8 years who is a well known healthcare provider. I recently completed training with my employer so that I can pursue a career for which professional registration is mandatory. I received a new contract for my training and it recognizes my continuous employment. One of the terms in my contract states that my continued employment after the training finishes is dependent upon successful registration with the professional body. It goes on to state that successful registration will enable the company to retain me in a professional capacity subject to available opportunities. I have been registered now for a few months now and it has become quite clear my manager does not want to employ me in a professional capacity. Whilst there is a general shortage of positions in my area, there have been vacancies for which I have been overlooked. The reasons my manager gave where that my interview performance was not good enough during the training period. During the interview the manager declined to consider my relevant, considerable work experience gained in another country within the same profession that I am now qualified for in the UK. I had a "run-in" with the manager when it came to arranging my training as I was initially offered the training contract by a stand-in manager. That was subsequently nullified when the current manager returned, and I was interviewed again and refused a training position. I took it to Head Office and they reversed the decision and awarded me the training contract. It’s no surprise that I now find myself unable to secure a position in a professional capacity as I have had to be interviewed by the same manager. I again complained to Head Office and submitted a grievance, the result of which I haven’t received, but they appear to be backing the manager. The only positions so far that Head Office said I can apply for have been presented to me as “relocation” positions, even though there have been more local positions advertised. They know I have children settled at school, so relocation isn’t really an option. After I became registered they issued me with a letter mentioning redundancy although nothing else has been heard. I am currently working in the same position as I had before the training. It seems as though I will have to leave the company and try for employment in a professional capacity elsewhere. Thanks in advance
  11. I am employed as a front of house team member in a busy public house. We have recently employed a new chef who has increased sales and brought a lot of extra custom, he has come from a rival company in the town. There are 2 main front of house waiting staff myself and someone else the new chef has told us both on many occasions that were no good at what we do, hes going to get his old staff over here who know how to do the job properly. I can assure you there is no fault with what we do The final straw was when i walked in on him calling me a useless c*** i have raised a grievance but was told to grow a pair. Where do i go from here??
  12. Hi Everyone, I have not posted on here before but came across the site whilst googling for help! Please excuse the lengthy post but there is so much to explain. My main question is whether to go through the 'grievence' procedure or the 'Harrassment & Bullying in the Workplace' procedure. I have been told by HR that I have to choose which path I want to go down but in documenting my issues, it seems that there is a bit of both. I handed in my notice on 27th August so have a matter of days to raise my complaint. I have been in my job for 4yrs and 6months. In the last 3 years I have suffered greatly with Depression/Anxiety/Panic Attacks since my baby died 21 weeks into my pregnancy and suffered a very traumatic birth. This was the trigger for my anxiety etc. I have been on medication and received psychotherapy. Occupation Health have deemed me 'likely' to be within the Disability Equalites Act. In one Occupation Health report the Dr deemed me fit for work with reasonable adjustments and in a recent one I was deemed unfit for work. Ok, so.. I reported to the OH Dr that my worklaod was heavy and that I was finding it difficult to keep up due to my condition. His report to my manager states that the reasonable adjustments should be made with regard to my workload. My manager never discussed this report with me. Over time I had made my feelings clear with regard to my workload and nothing was done. When I first started experiencing the anxiety/depression in July 2009 my then manager was very empathetic to my situation and I made the effort to go into work despite feeling unwell as I knew that if I were to tell her that I was feeling bad that I could go home so in the first few months I had no anxiety/depression related sickness. In the August of 2010 my manager retired and 2 new managers came into post and the whole service changed. There was no discretion or understanding which in turn resulted in me having a high level of sickness absence. I felt that due to this, I was seen as a troublesome member of staff and was 'under the radar' of management so to speak. I felt that they were just waiting for me to do something wrong. They even singled me out to move my desk next to a Senior member of staff and I felt that this was so that they could keep an eye on me. I got very upset about this and explained to them that I wasn't happy in my job and that the main thing that kept me going at work was the people in my office. So they didn't move me in the end. Then a couple of months later they reshuffled the whole office and I was put next to the senior member of staff who was my direct line manager. I felt that the whole reshuffle was for my benefit and it made me feel horrible. I feel that this was an indirect blow. There have been many other 'incidents' that have made me feel incredibly stressed and anxious such as being told by my Line Manager that her manager was checking up on my whereabouts (I worked in the community so there were times when I would need to be out of the office) - I have never lied about where I was going so this made me feel very singled out. Other members of staff had gone for hair appts whilst supposedly going out fo the office for work purposes! I was also told on numerous occassion by my Line Manager that 'People Talk' - god knows what they were talking about because I hadn't done anything apart from falling behind with my work. In May of this year, the result of my heavy workload was 'discovered' when the Management Team 'found' a box of work that I hadn't done under my desk. It wasn't hidden, I knew it was there to do I just had not had the time due to my already heavy workload. There was a massive fuss about this and I was called for a conduct meeting. Let me also add at this time I had been experiencing extreme dizziness (non anxiety related) and had been to the Dr many times because I was so worried. I had blood tests/ECG/MRI/ENT appts - This illness had made my anxiety go on overdrive and the team were very aware of this. So, in the conduct meeting I was asked about the box and I was honest with them and said it was stuff that I hadn't had time to do etc etc - I got very emotional as I was feeling so very unwell. In the conduct meeting it was agreed that I had to sort out the 'backlog' within 4 weeks and then we would meet again. For 2 weeks I worked very hard to sort as much out as I could as quickly as I could and in this time, my dizziness got worse and I ended up taking sick leave 2 weeks into the 4 weeks. The anxiety kicked in even more so the more I became unwell. ANYWAY, so after being unwell for such a long time and realising that if I were to return to work that nothing would change and it would still be as stressful as ever, I decided to hand in my notice and leave. Obviously this was a massive decision to take considering I have no job to go to but my mental health and wellbeing has to come first. My resignation letter (1months notice) was dated and sent on 27th August 2012 which means that my last day of service should be 26th Sept. After sending this letter I got no acknowledgement that it had been received. That same week, I received a letter from the manager who took the conduct meeting inviting me to a Formal Investigatory Meeting regarding the box incident! I couldn't believe it! It came by special delivery which in a service that doesnt even use 1st class was very extravagant! I am dumbfounded as to why the situation had been escalated to a Formal Investigation when I had been off sick - how could I recitfy the rest of the backlog it I was sick?! I didn't receive any communication from my manager until I received a letter on 13th Sept delivered by a cab this time stating that If she did not receive my medical certificate by 17th Sept then my pay would be suspended in line with trust policies. I got my medical certificate and compiled a letter stating many of my concerns and asked a work colleague to hand deliver it to her on 17th Sept. In the letter I stated that I had not received any communication from her reagarding my resignation. I then received a letter on 19th Sept which was dated 12th Sept yet franked on 17th Sept acknowledging my resignation and asking to meet with me to discuss my concerns either with her at the office or at my home. Now I find this very shady that I would receive this letter dated 12th Sept yet franked 17th Sept. I am convinced that she wrote this letter in response to my letter which she received on 17th Sept yet backdated it to cover herself. I then received another letter from her dated 19th sept stating that she hadn't received a response to her letter! In my letter on 17th I requested that my exit interview take place with HR and in the letter dated 19th she also stated that as my last day of service was 21st Sept that I should contact HR urgently to arrange this. I had the Exit Interview on 21st Sept and compiled 4 pages of notes of things that I was not happy about - HR said that if I wanted to take this up formally then I would have to either raise a 'Greivence' or a 'Bullying and Harrassment' but I feel that there are elements of both so I am not sure what to do. To add insult to injury, I received my final payslip & p45 on Saturday and the manager had indeed stated that my last day of service was 21st Sept so I only got paid up until then. Also, they took £450 out of my pay for annual leave overpayment (the post was Term Time Only so annual leave payments are averaged over each months salary) I was not advised that this would happen and received no breakdown of this. Upon contacting payroll today I was told that this was due to them receiving the termination form so late (20th Sept) Payroll explained that in usual circumstances they would contact the manager to inform them of any over payment and that the manager would in turn inform the employee. There is so much more than this to say but this is the general gist of it. The failings and incompetence are astounding, I cannot believe that some who gets paid what she does can be so incompetent! If you are still reading this then thank you for not falling asleep! Any advice, comments or guidance would be greatly appreciated
  13. Hi Everyone Im a new member and Ive never posted on CAG before but Ive read lots of threads and the advice that everyone gives and I would really appreciate some myself. I will provide a brief synopsis of my current work situation. I work for a large public body (800 employers) in a small team of five. We had a new manager start in 2010 who was, without providing too many details, not suitable for the job. In January 2011 myself and two colleagues raised serious concerns with HR about our manager (targeting us as employers, being aggressive, being inconsitent and so on). HR met with our manager and we all agreed an Action Plan going forward which was essentially a list of behaviours our manager had to follow. We were promised a three and six month review of this however the HR person left before the three month review was due so this never happened. Between January and September my situation with the manger deteriorated significantly as she appeared to target me in response to involving HR. In August 2011 the Head of our team and the team Director approached me asking for a quiet word. I said ok and we went off to a room. They said that due to lack of work my role no longer existed. I was aware of the lack of work recently and said does that mean redundancy, they replied 'no', they had found an alternative job for me, basiacally a lower grade admin role (I currently do policy work). I disputed the suitability of this and said I would raise it with HR. Basically this went back and forth for two months debating the suitability and how it was not redundancy. At one point the HR person said 'why dont you just leave', which she later disputed. This whole incident really took its toll on me but when a colleague who had earlier raised the issues about our manager with HR along with me was seconded to another team, I was told my role did still exist and that it had all been a 'miscommunication'. Then I received my appraissal score in September 2011 which was a '4', being the second lowest. Prior to this I had only ever recived '2's, the second highest. I sent an email that day disputing this score as I had never been given any concerns about my behaviour, nothing on record, and we still had the ongoing issues with our manager which had never been resolved as the original HR person had left. I also said in this email that I was very stressed by the environment and that it was very hostile and I couldnt cope. The head of my team, HR and my mnager were cc'd into this - none replied to this email. I then was signed off by my doctor with stress leave for two weeks. I returned in October and spoke to my head of the team. I stated that I was very stressed, what was causing it (my manager) and that I couldnt work in that environemnt. He agreed and promised he was taking it seriously. To cut a long story short, between October and February 1012 I asked the Head five times for mediation to be set up bewteen my manger and I so I could continue in my role. This was via email and verbally - he agreed to set it up but bever actually did. On 13 Feb when the situation wa sat an all time low and the environment was very hostile, I emailed him and spoke to him to say thatI was going on annual leave bewteen 16 feb -05 March and that I needed mediation set up for when I return as I could no longer cope. He assured me he was taking it seriuosly and that mediation would be set up when I return (this was via email). I returne don 05 March and the Head said him and I had a meeting with HR which i assumed would be about setting mediation up. Instead I was informed that I was to be put on the formal stage of a performance Improvement Plan as he had serious concerns about my 'attitude and behaviour' ( ive never had a discilpinary,a warning, an informal performance improvement plan, nor has he or anyone else raised concerns about my behaviour apart form the '4' in my earlier appraisal, which i dusputed), that he would be my line manager for the following week and I would be moving into the admin role. I was shocked and disputed this. To cut a long story short, I notified HR that I would be putting agrievance in regarding my Heads failure to set up mediation despite requesting it, him putting me on a PIP without any previous concerns raised , and moving roles with out any consultaion. I submitted grievance this on a friday and was signed off by my doctor on the monday with stress depression and anxiety and started medication/counselling. I was eventually signed off until the end of May. In April HR sent a letter to say that they wanted to do occupational therapy to return me to work. I agreed and was told it would be set up before the end of April. I spoke to my doctor and we agreed it would be a good way to enable me to return to work. I returned on 28 May and was asked if i was still going ahead with my grievance. I said yes, and I was told to stay off on 'gardening leave' until it had been investigated (it hadnt whilst I had been off on sick leave). HR also said they wouldnt actually be going ahead with Occupational Therapy as it wouldnt be suitable for mental health issues, despite them suggesting it and my doctor agreeing it would enable me to return. I was exasperated. I was also given my full year appraisal scoreof a '5' , the lowest possible. I remained dout of the office until my grievance investigation. My two team colleagues who raised issues with me in Jan 2011 about our manager agreed to be witnesses to provided background as to the enviornment we were working under. The griebavce was not upheld at the end of July for the reasons - that putting me on a PIP are vaild if a manger has serious concerns about an employees behaviour (despite never raising concerns before), that my contract allows a job move ( the clause must be flexible and undertake work i have experienc eoff....etc despite it being a 'demotion') and that mediation wouldnt be appropriate as I was to move teams anyway(despite the fact I was only awre of this when returning from annual leave and had email evidence asking for it and my Head promising it would be set up). I told HR i didnt agree with this, but HR said I was to return back to work now. I said I could no longer work in that team for significant trust reasons and I no longer had confidence in the managment structure of that team. I also said I was still stressed and anxious and depressed by it all. She said that unless I had a doctors note, I was to return to the team. I went back to the doctors who gave me a fit note saying i may be fit for work with 'proper management support'. I emailed HR who said to stay off work whilst they set something up. They then contacted to say that they would do occupational therapy. I had my consulattion two weeks later, and the outcome of which was that I would benefit from a phased return to work and I would also benefite from not working in my current team, or group or with the existing managenment group due to trust/stress/anxiety reasons. Basically HR are saying they can do a phased return to work to the admin role but that there are no other roles available and that I am expected to return to that rol despit emy GP/ OT advice. Its not a good environemnt for me to return too. I have my trade Union involved, and they've been great, really helpful. They've said that this is probably the worst case theyve dealt with, and they deal with a lot in this organistaion, and that management and HR have probably concocted this to get rid of me as swiftly as possible. They are really fighting my corner. Im still off work and will be until next week, when the regional teade union rep has a meeting with the HR Director, about alternative employment within th eorganisation, although I expect she is to say I am too return to that role. I obviously cant, for health and trust reasons. Too much has happened now to mean I can return to that team. Ive informed the trade Union that if the HR director does insist I return to that role, then I will resign and claim constructive dismissal, which he has said the would support. This whole episode (ongoing since Jan 2011) has had a massive impact upon my confidence, my esteem, my health, my wellbeing and I never ever expected to be in this situation. I actually feel happy at the thought of resigning as it means Im drawing a line underneath it all. My trade Union says they are piling the pressure on as they want me to resign.
  14. Hi Briefly I have submitted a lengthy formal grievance to my employer. They have sent acknowledgment and said they will deal with it when they return from travelling. A week has passed and the thing is I am not prepared to be in this position anymore and need to resign immediately as the last straw has happened and I have lost all mutual confidence and trust for my employer due to the aspects of my grievance. Anyway can anyone throw any light on this..... Do I wait for the meeting whenever that may be? Do I resign and threaten an ET1 and coverage? Do I send a Without prejudice letter saying I am leaving due to the content of my grievance and this will be as at .........date, I could offer that I am prepared to discuss compromise? Any help appreciated Thanks jansco
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