Greivance, TUPE then Redundancy

[BeagleDog]

I was wondering if you can help me to determine my next steps:

 

 

I have suffered bullying (i.e. Critisism & Isolation) by 2 people in my small team - over the past few years.

 

I have from time to time, raised particular bad issues to Line Management & HR. to no avail.

 

At Christmas I began to suffer work related RSI - which developed into full Musco skelatal symptons - which the doctors reported was excarebated by Work related stress.

 

 

During my RSI sickness - my line manager & HR were more & more hostile to me - as it was clear that they thought i was exagerating my RSI. I probably didnt help matters by requesting not to work so often in the office which I was receiving the bullying, partly because this exacerbated my RSI more than the Main office.

 

 

I eventually raised a greivance against manager & HR - backed up by details of past bullying (which were out of time)

 

After 3 months - my greivance was not upheld - I raised an appeal & Data access request.

 

This data access request has allowed me to see more bullying & libels perpertrated by my collegues - while i was off sick

 

iI am still Stressed on anti depressants, my RSI is getting better - but my sick record will not recommend me to future employers

 

 

 

Last week, We TUPEd to a new company - and I was put at risk of redundancy and will be made redundant after consultation completed - at start of August.

Then I must apply for jobs in the new structured contract. If not successful my redundancy will continue for my notice period (12 weeks)

 

My Questions are:

 

1. Obviously - I would prefer to get my job back and the new company does have to address my appeal....even if i am going to be made redundant.

2. I have met with the new company a few times and they have not raised the appeal issue - I presume this is because the meeting are about redundancy consultation.

3. Should they raise the appeal with me before the Interviews ? I am afraid that the Interviews may be affected by what my line manager said in his hearing - if I am not allowed to put my side of the story.

 

3. Does the new company have to hold off announcing my redundancy until the appeal is addressed.

 

[ims21]

Thread moved to the correct forum.

 

The guys will be happy to advise as soon as they are available

[ims21]

Re your reported post....you have not be directed to another website....your post has just been moved to the correct part of the forum.

[BeagleDog]

Ok thanks.....now I understand

[Emmzzi]

Wether the appeal is upheld or not won't make much of a difference. The new employer will either listen to the old management, and find a way to make you score low on their criteria,and so be made redundant; or they won't, and they will be fair.

 

As it's an appeal against a greivane and not eg dismissal, no, they don't need to wait to announce redundancies.

 

Personally I would not talk to the new company aboout your greivance at all - least said soonest mended.

 

Note the new company does not have to address your appeal - the old one does. It's TUPE, not purchase of a going concern. If you still have concerns about being bullied then you need to raise a grievance with the new management.

[BeagleDog]

Under TUPE, the new Company are responsible for continuing the appeal. I have investigated that.

 

But thanks for your advice to me , not to raise it with the new company at all.

[Emmzzi]

My apologies beagle, as you have already transferred, you are quite right!

 

Yes, I'd keep your head down. With any luck the new bosses will quickly identify who the real problem lies with.

[BeagleDog]

I should say, that I raised the appeal as I was a) unsatisfied with the Greivance process b) Thought that the Outcome had not addressed the majority of my greivance points. If I had accepted the Outcome - then the new company would think that I had raised a serious complaint - with no reason.

 

I did however, in my appeal letter state that , as the company was completely restructuring & in the interests of improving relationships - I would accept a letter to reassure me that Bullying would not be tolerated.

 

I have therefore hopefully drawn a line under it for the new company, ensure that they knew I had not raised the greivance unnecessarily and showed myself as able to compromise.

 

 

I am still worried about the things that i asked in my 1st post.

[BeagleDog]

PS Emmzzi : I have been keeping my head down for 4 years.....trying to avoid the bullying.

 

This resulted in me feeling ill for the last year....& eventually not being able to function with RSI breakdown and Stress & anxiety break down - 4.5 months off work. Plus it encourages more bullying

 

I do not want to go their again - It will take some time for me to get over this.

[Emmzzi]

I would have to ask why you have not moved jobs before now. Health is everything!

 

A payout that bought you some time to find a better work environment may be a blessing.

[BeagleDog]

Ah. ask any bullying expert. Bullying creeps up on you.....you try to fix things.....then you withdraw etc.

I have got long service with the Company...I had a good well paid Job. i mistakenly thought that Managers & HR would support me.

 

I now know , from seeing the data access request.....that they gang up against you.

 

I do think that I will not be able to take as stressful a job in the future.....which will no doubt affect my pay level.

 

As for Payouts, it seems like, I will just have to sue for recompense (RSI & Stress). which is costly. I dont think I can just negotiate for recompense with the company ? Can I ?

[Emmzzi]

you can suggest it while presenting evidence of their neglect. It might work.

[BeagleDog]

I'd be glad to not talk to my new company; be able to be interviewed and assessed for job - without prejudice & start working again - with a more positive friendly team of people.

 

Then I can start restoring my health & get my life back on track.

 

But If that doesnt happen - I will have to ask why i was not successful in my interview & may have to consider some monetery payoff - to support me while I get my life back on track without employment.

 

In the mean time - I will take your advice offered a while back - and not mention it if they dont. And see how things pan out. I will keep you updated in the next month - if you wish - by adding to this thread as things progress ?

[honeybee13]

Hello there.

 

Yes, please let us know how you get on, it could help other people in a similar position to yourself. You may need further advice too.

 

My best, HB

[BeagleDog]

Thanks HoneyBee. It is a complicated set of curcumstances.....nitemare. But I will update this thread every week on how things are going, What course I have taken - & in retrospect - what course I think I should have taken - Hopefully they will be the same

 

In the mean Time......if anyone has useful advice .....?

[BeagleDog]

Hi. A summary of the situation :

Bullying, Sickness, Greivance, Tupe to another Company,

The New company put us all At Risk 2 months ago on Garden Leave. Opened all the Jobs out for open Interview, I was not successful - though my tasks are still done.

So I am Now facing Redundancy - 3 months notice period

 

But my Greivance Appeal has still not been dealt with & the New company says there is not much they can do as all the Bulliers are in a different company.

I am glad to be going now so that I can start a clean sheet - but I will face a massive pay reduction in any new job - and My RSI may flair up again.

 

So what i am wanting from the new Company is some form of enhanced redundancy Payment, in return for me droping the Appeal.

I think this will be difficult to abtain as they will say that the reduncy is not related to the Greivance

 

So I will end up with absolutly no Closure on this one

 

Any Ideas ?