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suspended from work - help


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I post here in the hope someone can help. I am at my wits end

For some time, I have been fighting a bullying/harassment claim against my boss. I am due to attend an industrial tribunal soon.

Without going into specifics I believe I have been singled out by my immediate boss for a number of factors. I would not have pursued my case thus far, if i did not believe i was in the right.

All previous attempts at reconciliation - of which i was only too willing to attend have failed thus far - have involved me repeatedly being questioned as dates times etc as to when i felt I was being bullied. ( when its as incessant as it has been the specifics tend to be lost)

At one meeting with management /HR I was read a number of statements from some co-workers who stated reasons why they did not like working with me.

And now to the point - I thought I was being clever by, just as the company have done to me, asking people for specific details, ie if a co worker said I was not a team player, I have now asked them " to give exact dates and times of when Mr ?? was not a team player

I sent letters out to all co workers who made such statements, and sent them to their home address.

I have a advice worker helping me with my case and asked the advice worker to sign the letters.

Now I have been suspended from work for breach of confidentiality. The company say I must have given employees addresses to my advice worker - this is not the case. The advice worker signed the forms and I posted them - at no point did a third party see the addresses.

But now that I am suspended I don't know what to do

Any advice?

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If your advice worker was to put in writing that at no point did he see or was given the names and addresses of the co workers then that should be enough for the grounds of your suspension to be lifted.

 

If all they have is a signed letter to go off then they have to accept they can equally not prove he had them?

 

Common sense should perevail!

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What exactly have you claimed for in the employment tribunal, and what is the legal basis behind the claim?

 

Given that bullying does not, in itself, give rise to an Employment Tribunal claim I struggle to see the big picture, unless you have been harassed and it is linked to sex / race etc...

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If your advice worker was to put in writing that at no point did he see or was given the names and addresses of the co workers then that should be enough for the grounds of your suspension to be lifted.

 

If all they have is a signed letter to go off then they have to accept they can equally not prove he had them?

 

Common sense should perevail!

 

Common sense may well go out of the window. They have suspended the OP for breach of confidentiality in giving the advice worker details of employee addresses, but even if the OP signed the letters themself there are serious issues surrounding the use to which employees' personal details have been put. There could potentially be a complaint made to the ICO about the employer's conduct in allowing the OP access to such data for an unuathorised purpose! Even if the OP routinely had access to employee's personal details in the course of the employment, it's use almost certainly would not extend to sending correspondence such as this in pursuit of an employment dispute.

 

Sorry Dubczech - I don't know how you are going to fight this one as it would appear that there has been a clear breach of confidentiality which could easily be construed as Gross Misconduct. You may be able to mitigate using the ongoing anxiety regarding the dispute with your employer, but I would have to ask how any competent 'advice' worker has supported your actions? It may well be that you have handed your employer some ammunition.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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