Exhausted with this mess

[monkeychicken]

What link though?

 

I don't think that 'crying wolf' is the best way forward... it'll just lead to more complication in the situation, and it's probably best not to throw around accusations that can't be proved.

-I mean surely the tenant then has recourse to say that you're making false accusations against them based on a prior disagreement. (the fact that they assaulted you).

 

 

I definately do not mean 'crying wolf'. Do not make any accusation that you cannot prove. Danielr is quite right in that it will lead to problems later. Do not let your crediility slip.

 

However, what I am saying is you need to see if theres any link. For example, has the complainant remarked on your race/ colour/ nationality/ sex etc. in a deragotary way.

 

For example, I know of a case where a complainant said that xy should not talk to white women like that. xy happened to be asian and therefore xy made a counter-complaint of racial discrimination, suggesting the statement demonstrates the complainant was prejudiced at the very least. All the complaints were found to be as a result of prejudice, not least because there was no truth in any of the complaints. Two interesting points there, the complaints themselves did not make reference to xy's race and importantly, the comment about talking to white women was made during a verbal exchange, and there was no record of the statement. The complainant in their naivety/ ignorance thought that the comment was not very serious and agreed they had said it.

 

xy also said they did not think the comment was too hurtful and asked that no action be taken on the matter, but merely used it to demonstrate the complainant was prejudiced.

[monkeychicken]

sorry Wally0163 my post crossed yours. Since you were suspended, you should not have done your job, no matter how reasonable it is.

 

When you informed your manager, what did he say?

 

what exactly was done in hauling you over the coals?

[wally0163]

Hi Monkey Chicken

When the lights went out and I mean completely in darkness (we have no gas here) I contacted my manager and explained the situation, we are talking at least 30 vulnerable people here in the pitch black.

My manager just said call her when the lights went back on which I did.

The next day my manager and HR rep gave me quite a severe warning verbally at my house., and then had the cheek to suggest a welfare visit after seven weeks because I look so ill.

The story has now been in the local papers and various people have made contact.

[monkeychicken]

What exactly your manager said is very important here - it may be the manager has 'authorised' you to intervene. For example, if she was asking you to carry out your duties, by reporting back to her on the situation ("call her when the lights went back on which I did") then I would argue that you had reasonable expectation that she asked you to carry out some emergency functions, despite the fact that you were suspended.

 

Taking disciplinary action against you (by being "severely pulled over the coals") can point to victimisation.

 

 

can you confirm that your case is race discrimination? can you give me a little bit information about what exactly happened during the power cut? You may have another victimisation claim, if my understanding of the situation is correct.

[wally0163]

Hi Monkey Chicken there is no race discrimination, it is definately victimisation and they have made my position to work completely untenable, it is such a complex situation and has been so for the last two years.

When the power cut occured it was a building of 41 properties with elderly frail people completely plunged in darkness no emergency lights, my neighbour knocked on my window she is a resident here and of course I responded, I contacted my boss at home explained the situation and she said, thankyou for what you are doing call me back if the lights go on before 10.30pm, lights were off for 3.5 hours and about 9.30pm I contacted her.

The next day she never mentioned the calls and I then emailed HR and her after being pulled over the calls, mentining the telephone calls.

Today the local paper has contacted me again with another call from complainant, I have been advised/warned not to talk to the papers, however I am so fed up of not standing up for myself, I contacted HR today and asked them to call me by the end of today stating I have three options.

1.Speak to the press to stand up for myself.

2.Reach a compromise agreement where we can all move on as I dont think I can return under the circumstances

3. Continue to sit here and get more ill and stressed.

I have not heard from them which is tending to be the norm mow

 

Wally

[monkeychicken]

Hi Monkey Chicken there is no race discrimination, it is definately victimisation and they have made my position to work completely untenable, it is such a complex situation and has been so for the last two years.

 

Hi

 

Victimisation has a special meaning in discrimination law. It means that you are being picked upon because you asserted your rights under any of the anti-discrimination legislation (Race Relations Act (RRA), Sex Discrimination Act (SDA), Disability Discrimination Act (DDA), etc.)

 

I can advise a bit about the RRA as I have studies it a little over the last 3 years or so, but the principles are generally the same.

 

Under the RRA, types of discrimination are split into 4, which are:

 

Direct Discrimination

 

Indirect Discrimination (i.e. application of a policy which indirectly affects certain races more than others- like the height restriction Met Police used to have)

 

Victimisation (i.e. treating someone less favourably because they had previously complained about race discrimination)

 

and Racial Harassment (i.e. targetting someone because of their race).

 

 

I don't understand what you mean by you being victimised - have you complained of race discrimination previously? If you have not, you cannot claim victimisation.

 

If you think the residents complaining about you are motivated because they don't like people of your racial origin, then you must complain to your employers that they are harassing you racially, spelling it out quite clearly.

 

 

About the issue of being hauled over the coals, you need to make a formal grievance against the manager who at first thanked you for helping out and then told you off for breaching your suspension.

 

Have you seena solicitor/ union yet?

 

If your job is now untenable, you need to think what you should do next - take advice first

[monkeychicken]

Today the local paper has contacted me again with another call from complainant, I have been advised/warned not to talk to the papers, however I am so fed up of not standing up for myself, I contacted HR today and asked them to call me by the end of today stating I have three options.

1.Speak to the press to stand up for myself.

2.Reach a compromise agreement where we can all move on as I dont think I can return under the circumstances

3. Continue to sit here and get more ill and stressed.

I have not heard from them which is tending to be the norm mow

 

Wally

 

I would advise not to talk to the papers yet - remember it is an ace that you can only play once.

 

Like most big organisations, they are probably in a panic over what to do. You really need a union bod or a solicitor talking to them on your behalf to reach some sort of settlement or start taking some action yourself (by making your own complaints, grievances etc.

[wally0163]

Hi Monkey Chicken, Thankyou

There are no breach of race relations, However when was assaulted by this person I beleive my company left me completely vulnerable, and therefore the person who assaulted me has complete Carte Blanche to make up continuous fictitious lies that are unended.

My manager who attended court, gave me special leave to recover from two very intimidating court cases where winesses for the person who assaulted me showed very intimidating behaviour before and after court, I suffered severe extensive bruising and this person who assaulted me continued in my family life too.

They now have one or two other people one in the village where I live that the company were going to deal with as a vexacious complainer yet have not yet, These people make up fictitious outrageous complaints/allegations directed at myself and my family, we suffer constant verbal abuse in and round where we live.

I never go out in daylight, these people go through my bins my whole human rights are breached.

I know that allegations/complaints have to be investigated but there comes a point where a company had a duty of care to its staff.

 

One of the first managers carried out very unorthodox methods of investigation, there were no notes, no letters prior to investigations detailing what I was supposed to have done just a whole list of endless allegations, this person has now been sidestepped to another position, completely out the equation.

This situation stinks of victimisation and I think they now want me to resign, and with all my health problems it would be very easy to do this now.

 

Many Thanks for your help

[monkeychicken]

I think under these circumstances, you need to go to the police. What you are describing is not primarily an employment issue, but one of Harassment. There is legislation, the Protection from Harassment Act, which offers a degree of protection.

 

You may wish to take out an injunction also.

 

It does not matter if the person harassing you is vulnerable, you still have a right not to be harassed.

 

Clearly it has impacted on your employment and I would still suggest taking out a grievance against the manager and also advising your employer that you are going to pursue this through the police

[wally0163]

All done

Police dont want to know particularly while an investigation is ongoing, the company have showed no duty of care, but have left us in this inevitable unending nightmare, my original manager had very unortodox methods of investigation and he is now off the scene

[monkeychicken]

You hve to keep going on at the police. Perhaps you should write a letter to the chief constable.

 

Make sure when you speak to them, you emphasise the harassment nature of what is being done. Tell them you believe this is because you had given evidence against them previously. Keep a note of what is said, the date the time etc, also the identity number of the officer. If they don't take any action, then complain formally about the PC.

 

You still haven't said if you're in a union or are able to get legal help. I would suggest an injuction agaist the resident as well

[wally0163]

Hi Monkey Chicken

Thankyou

I have legal help in respect of employment as we are currently looking at going for constructive dismissal based on my employer making any return to work untenable, I have spoke abou a compromise agreement as quite honestly I dont think I can return but they have ignored any request, they just keep saying they are trying to bring the investigationto a close

[monkeychicken]

Constructive dismissal is hard to prove but you probably have quite a lot of evidence. The length of time taken to deal with the problems is probably quite good evidence to support a claim.

[wally0163]

Or I could wait for them to dismiss me is what I think they want to do,and go for unfair dismissal

[monkeychicken]

Yes that to me seems to be a better idea - just continue to draw your salary and wait for them to act. Only problem is that you need to be very patient, and try not to help them out in the future.

 

Oh and you also need to put in writing the issue relating to how your manager authorised you to help out in an emergency, even though you were suspended.

[wally0163]

Thanks again Monkey chicken

[wally0163]

Well yesterday i resigned due to this nightmare and today i recived a letter outlining a new disciplinary, as I am on a final written warning for something I havent done which has been appealed and upheld, they have now arranged a new hearing following the investigation, it says in the letter if one or more allegations are substantiated this could result in termination of employment which is what I knew the company would do.

All the new allegations are complete fabrication from the same source.

 

So after all this I resigned and am going to try to claim constructive dismissal, I know throughreading on here this is hard to prove but after the last two years with this awful company I have to try.

I will also now lose my home and will probably never work in this field that I have been in for 20 years.

I am absolutely crushed with all that has happened

[teaboy2]

Well yesterday i resigned due to this nightmare and today i recived a letter outlining a new disciplinary, as I am on a final written warning for something I havent done which has been appealed and upheld, they have now arranged a new hearing following the investigation, it says in the letter if one or more allegations are substantiated this could result in termination of employment which is what I knew the company would do.

All the new allegations are complete fabrication from the same source.

 

So after all this I resigned and am going to try to claim constructive dismissal, I know throughreading on here this is hard to prove but after the last two years with this awful company I have to try.

I will also now lose my home and will probably never work in this field that I have been in for 20 years.

I am absolutely crushed with all that has happened

 

you could also sue the person responsible for the false allegations against you for defamation, possibly harrasment too.

[jackieandwayne]

Wally, pop into your local Shelter office regarding the accommodation. They will tell you exactly what your rights are. But I can tell you, they still have to get a court order before they can get you out.

 

Also, if you still have access to the company systems (computer etc) then take the opportunity now to print off all documents, e-mails etc., which can be used as proof later.

 

Just hang on in there, don't let this go, stick with the solicitor you have found and take it all the way. Ask the solicitor to help you get an injunction against this old cretin - after all he has attacked you and been found guilty, and now he continues in his campaign against you by making false allegations. Injunctions aren't just to stop someone being violent, they can and do gag people as well.

 

And hey, dont be so glum about not working in your chosen field again - this is the way I feel at the moment, and if I lose my chosen career after 31 years, then sorry, but someone will have to pay for that. Think about it. Talk to your solicitor about this aspect.

 

Rooting for you.

[wally0163]

Just a useless bit of information but something to be remembered, yesterday I recieved a PDF document which set out new allegations with the complainants names blacked out, in order for me to respond as PDF documents dont allow you to add text, I converted the document to a word document, HEY PRESTO the complainants names are now clearly visible, and the company immediately breaches those tenants confidentiality.

I now have the company falling over themselves requesting an informal meeting with me to discuss frank issues on Monday, unbeleivable, I am now tempted to take each compainant, five in total to court for defarmation/slander, anyone have an idea why the meeting is so urgent and why they now feel a complete duty of care to myself and my family

[wally0163]

Thanks Jackie and Wayne sounds as if things are progressing nicely for you, Wishing you luck

[caledfwlch]

Just a useless bit of information but something to be remembered, yesterday I recieved a PDF document which set out new allegations with the complainants names blacked out, in order for me to respond as PDF documents dont allow you to add text, I converted the document to a word document, HEY PRESTO the complainants names are now clearly visible, and the company immediately breaches those tenants confidentiality.

I now have the company falling over themselves requesting an informal meeting with me to discuss frank issues on Monday, unbeleivable, I am now tempted to take each compainant, five in total to court for defarmation/slander, anyone have an idea why the meeting is so urgent and why they now feel a complete duty of care to myself and my family

 

Have you mentioned tribunals or court at all?

 

They might suddenly have realised that there might be a plan behind your resignation, and are panicking, especially considering how they have treated you.

 

Considering your post on the PDF document, I suspect you might be in an even stronger position now - if they DO have to keep the confidentialty of the complainants, then they have really shot themselves in the foot with that. I wouldnt be suprised if you find yourself on Monday in a strong position of power.

[wally0163]

They have told me urgently that I must not discuss this and that everything is on hold pending our informal meeting on Monday, the complainants have clearly lied and made false allegations and the company have a duty to protect them, however the compainants have lied this man is travelling 200+miles on Monday.

Does anyone know what the consequences would be if the complainants knew I had their details and what they had complained about??

[caledfwlch]

They have told me urgently that I must not discuss this and that everything is on hold pending our informal meeting on Monday, the complainants have clearly lied and made false allegations and the company have a duty to protect them, however the compainants have lied this man is travelling 200+miles on Monday.

Does anyone know what the consequences would be if the complainants knew I had their details and what they had complained about??

 

Have your employers told you the complainants have lied?

 

This meeting seems very dramatic, especially since you have resigned - unless they have indeed worked out that you have resigned to put a claim in.

 

Technically, since you have resigned they have no authority to order you not to discuss anything.

[teaboy2]

scratch that i was responding to last post on the first page thinking it was the last post on the last page. guess it time for bed for me lol

Edited November 20, 2009 by teaboy2
responding to a previous post mistakenly thinking it was the last post of the last page.