Bullying At Work - Am I Dealing Ok With This?

[jackieandwayne]

Hi, I'd welcome a few comments on my situation, which is ongoing.

 

I'll try and keep it brief and clear, and because I worry I might be being monitored on here by my employer, I won't give too many details. (That's why I've not been on the housing forum recently).

 

Worked for LA for 26 years, got pension plus one extra year so decided to try working at a HA for a change. Commenced employment with local specialist HA 3 and a half years ago. Very hard work but I loved it.

 

Then cometh the new line manager, 17 years my junior. Took an instant dislike to me, and one other colleague, both of us in our late forties with years of experience. This was her first post since having her children, and she had no social housing experience, just worked as a letting agent.

 

She quickly despatched the other colleague. Then she seriously turned her attentions to me. It took me a while to realise this was bullying and harassment, well, I've never encountered anything like this in the workplace before. The penny finally dropped just before Xmas last year when she engineered an incident designed to cause me stress and grief. Therefore I cast my mind back a few months and wrote down everything she had said or done to me, and I then submitted a grievance to the next manager up. He didn;t even discuss the matter with me just e-mailed to say he had passed it to HR. I had trouble getting in touch with my Union rep (unison), this went on til after Xmas, and into the New year. Then in the new year, the bully forced me into a meeting with just herself present, even though I protested I wanted representation. This day I had just had to deal with my elderly father going into hospital, so I was quite upset and worried, but getting on with things. She sat there and told me that if I continued with this I would have to take unpaid garden leave, and when I lost (because her manager would support her 100%!) I would have to pay her legal fees. Well, I believed her, and was bullied into dropping my grievance - I had 9 clear cut cases of bullying/harassment.

 

I tried my hardest to move forward, when I informed HR that I was not going to continue I made it clear that both she and I should make every effort to move forwards, and I was prepared to do so on my side.

 

It didn;t work, and she set me up for a fall in late April. It was a very serious matter, and I have so much evidence to prove that I was not at fault. On the day this came to light, I became ill with panic attacks at work, and just got up, walked out, and later let HR know, in writing, what had happened. My GP diagnosed work related stress caused by suspected bullying and signed me off.

 

There was some dialogue up until about late June and I honestly thought my grievance was being dealt with. I had calls from the welfare officer, but no visit. I had calls from the HR manager, but no action. Then I was told in September, that the HR manager had suddenly left. The person at HR who had taken over, had no idea what I was talking about, nothing had been done or was known about any grievance, and they eventually found my "report" as they called it, filed away somewhere!

 

Well, on Oct 1st they finally heard my grievance and I actually had my first welfare meeting immediately beforehand, which consisted of the occupational health lady insisting that I should return to work and try again! I was informed in writing 14-10-09 that they had not upheld my grievsance, and they had got it so wrong factually and otherwise it was beyond belief. It took 11 A4 pages to prepare an appeal, which is going to be heard shortly. That's where we are so far.

 

I am adamant that I cannot return to work whilst the bully remains in position. My GP and a Cognitive Behaviour Therapist (organised by my employers insurance company) agree.

 

I believe I could now resign and claim constructive dismissal on the following grounds:

 

I tried to submit a greivance about bullying last December, they did not stick to their policy, but even so I tried to make this relationship work. Becsause they did not follow policy I believe I could now ask for those grievances to be brought up again.

 

The situation worsened in the new Year until there was a final straw incident in April which made me ill and unable to work. I made them aware of it, but not through their greivance procedure as I had no faith that They would protect me from further problems whilst this was ongoing, because of what happened at Xmas. The law changed 6-4-09 and I was not required to follow thier policy, just make someone aware. Which I did.

 

They then left me at home until September, ill, on SSP, before they realised that back in April I actually submitted a serious grievance!

 

I was also told that I qualifed for the Employee Assistance scheme, which is managed by Legal and General. I could have got 75% of my salary less IB whether or not I received it. The insurance company have refused to pay out! And they will not tell me why, neither will my employer.

 

This has changed the way I view people now, lost confidence, can't return to profession when I had 18 years before retirement.

 

I am using Unison, but my rep is always so bogged down, and things take ages. And usually its me telling him what we should be doing! But I am no expert in this field, so I wondered if I could have a few comments from some of our resident experts on here? I will continue with Unison, I've actually managed to fire the man up a bit now!

 

Sorry for longish post - very difficult to keep brief!

 

Many thanks

[andie_303]

hi,

 

I'm sorry I am not able to offer advice on this I just wanted to say good luck - I am having one or two employment issues at the moments and |I know how much it can get you down.

 

I hope it all works out well x

[jackieandwayne]

Thanks Andie -its not very pleasant is it? I was very upset to start with but now, well, I'm blessed angry and raring for a fight!

 

I see poor old Wally is having problems again with her employer, I must e-mail her later - oh wouldn;t it be lovely just never to have to work again eh?!

[jackieandwayne]

Oh I forgot - for all peeps in stressful jobs - my GP recently congratulated me because since I have been out of the arena, my blood pressure is not just "good for my age" its now text book perfect! Result eh? And it just shows you an all!

[andie_303]

I would love to not have to work - just need the lottery numbers or a rich old man whichever occurs first

[as0ta]

Oh I forgot - for all peeps in stressful jobs - my GP recently congratulated me because since I have been out of the arena, my blood pressure is not just "good for my age" its now text book perfect! Result eh? And it just shows you an all!

great news.

[wally0163]

Hi Jackie and Wayne

Sorry cant advise but am in almost the same situation with little or no support from the company, am off still on suspension but as you know my home is at stake, just like you it has been a nightmare, I now have high blood pressure, panic attacks and find it hard to get out of bed, if I go outside my house I am reported for talking to people, times dates ect.

I know its hard but it is good to get here and support each other, good luck

Wally

[raydetinu]

sorry to see you theses problems, not nice at all. going to an ET will no doubt cause more stress. Any chance of them making you redundant so you can start again somewhere else. You should not go back. Are you being payed at the moment. Dont resign just dont go back.

[Jackadvice]

Hi Your situation sounds like a classic case of bullying - a new manager comes into post with perhaps less knowledge and experience of some of the people underneath them, but instead of nurturing their talent, they are manipulative and destructive and attack the most professional of people so that their inadequacies are not shown up. You seem to have tackled the situation so far admirably doing everything right. My advice to you is to keep doing what you are doing and contact the National Bullying Helpline for free impartial and expert advice. Their number is 0845 2255 787. Organisations should take the time to learn more about the destructive nature of bullying. What good does it do them to employ ineffective and destructive managers who destroy the morale performance and well being of effective employees?

 

I am writing abook about bullying at the moment and would love to include your story (anonymously of course) If you are intersted, please let me know and I wish you luck with your campaign for the future.

[jackieandwayne]

Thanks Ray. I certainly won't be going back and haven't resigned, its fight all the way now as they have riled me. I suspect I have quite a strong case here for constructive dismissal, and the Unison rep is finally getting a little excited about it all! I've only had SSP for the entire 6 months, and I don;t want to be made redundant - not after being ignored like this. I think I should get a little more than redundancy for what they have put me through.

 

Jack if you are genuine then I'd like to help if I can.

 

Wally, I'll send you one of my rallying e-mails this evening!

[Philip23]

Put in a grievance myself - not for bullying, but a grievance nonetheless. Waste of time unfortunately.

 

A word of caution- constructive dismissal is really difficult to prove, get some legal advice before you resign.

[jackieandwayne]

I know Phillip, I've read so much about it, and realise its very difficult. However, I really don't have anything to lose, so if the Unison barrister advises me accordingly, I'll go along with it. I might have been prepared to consider a compromise agreement, but then they left me sitting at home on SSP for 6 months before even looking at my grievance - now I don;t think that;s on!

 

I'm also very concerned about this bully also having access to some very vulnerable people.

[Jackadvice]

Hi JackieandWayne

 

Yes I am serious (and it's Jackie), I hope to be published in 2010. If you go on to my website (edit) and go through to the contact page my telephone number is there and we can chat.

 

I think you are doing the right thing going for constructive dismissal as it sounds like you have exhausted all the options in trying to improve matters at work. Just be wary of your organisation trying to settle out of court as they will often try and tie you down to a silence clause. If they do this it is a good sign that they think you will win your case and so stick to your guns.

 

If you go to court and win, maybe the organisation will see sense and dismiss the bully saving others from the torment.

 

Kind Regards Jackie

Edited October 28, 2009 by ErikaPNP
unauthorised link removed

[jackieandwayne]

Thanks Jackie, I'll have a look at your site shortly. Well, I for one will not rest until that bully is out of the arena, and i know for a fact that if she costs them money if I win a tribunal they would probably try and sue her never mind sack her!

[jackieandwayne]

Jackie, quick question, my attention was drawn straight away to Bullying and harasment policies. My employer confirmed to me in writing today that they do not have such a policy, just ordinary grievance. Are they required to have a policy about bullying?

[Jackadvice]

Absolutely they have to have a policy. It is a legal requirement. Sounds like they don't have a leg to stand on. How can they have grievance about bullying if staff don't know how to recognise it and what to do about it. That is what a policy is for and it is probablly one of the first things a court will ask for.

 

Jackie

[teaboy2]

Being an employer myself i can confirm that it is a legal requirement to have a policy that covers or includes bullying and harrassment in the workplace along with for things such as discrimination. what has happened to you jackieandwayne is terrible. If this manager was an employee of mine and such grievance had been raised with supportive evidence, as what you had supplied to your HR department. i would have upon completion of full investigation dismissed her for gross misconduct for bullying and harrassment at work, as their is no place for people like her in any workplace.

[jackieandwayne]

A bit of an update, I am still paranoid about my employer finding this thread - unlikely but you never know. I cannot put the details on here yet, but hope you can read between the lines a bit! All excellent news for me and i just want everyone who has posted on here about bullying to get that bit of extra courage and go for it! And consider what is headline news now!

 

I need a bit of help though, I have been set the task by my Unison rep of compiling a list of all my financial losses as a result of this situation to date. I am so shell shocked at the amount that has already been put on the table as a starting point that I have gone blank. Obviously I have written down the lost years salary - what else can I be putting down?

 

Many thanks to you!

Edited February 24, 2010 by jackieandwayne
jumbed up

[Bigredbus]

Hi,

 

Perks, benefits, bonuses you were contractually entitled to should go onto your spreadsheet...

 

Well done... I do admire your strenght, courage and pugnacity...

[scousegeezer]

Jackieand Wayne,

You should put down anything connected with the case. You have already stated about your lost salary - how about overtime - did you used to do some - if so average it out to get a weekly amount - then multiply that by the number of weeks you have been off work. On top of that you have medication costs (prescription charges), costs of counselling ( travel expenses to the sessions as well). All sorts of stuff - ABSOLUTELY any costs connected with the case/your stress. Well done by the way.

 

Cheers - Scousegeezer.

[Bigredbus]

The post is related to loss of earnings... if I read correctly...

 

The inclusion of 'Overtime' in this case would be correct (as posted by 'scousegeezer') only if provision in the Statement of Particulars of Employment made mention of such 'Overtime'.

[jackieandwayne]

Thank you both for replying. I never had overtime, if we worked over we took time in lieu when it could be fitted in, no bonuses etc. But there have been many meetings I've had to go to etc, quite a lot of travelling, and then what about my time spent attending them?

 

Thanks for your ideas, I'll get on with it!

[phoenix11]

Also include any costs related to the ill health such as prescriptions, attending your GP and therapist, work out approximately what it has cost if you've paid for any photocopying, letters, phone calls - it all adds up.