Manager 'accused me of swearing, then 'thinking of swearing'? - ** RESOLVED **

[hsbcfiddled]

My line manager made the accusation after listening to voice communications with a member of the public.

[Emmzzi]

do you have a question?

[hsbcfiddled]

Sorry got interupted.

February 2012 my Manager made the accusation at an investigation..I was not allowed a colleague with me (even though I requested one) and during the Investigation it got very heated...It was the last straw when he made the swearing accusation.and then changed it to 'thinking of swearing' (yes you havnt misread). I got up and said that I was leaving after the absurdity of his suggestion. I admit I do swear, but the tapes prove I did not on this occasion.

I went off work with Stress because the Manager had destroyed our working relationship and shattered my confidence in him and my ability to perform my duties.

However financial restraints as a result of being sick forced me back to work.

Mediation was tried, and he repeated the accusation, but we agreed to try to work together.

 

Then in March I got put through a Disciplinary Hearing of which I was cleared of 'misconduct' (not actually worded as that). The Hearing manager cleared me of 'swearing' but I received no apology and renumeration for loss of pay...over £1k

 

So I then took out a Grievance against my Manager. Parts of which I won.

So I appealed but still did not get what I wanted.

 

Without revealing who I work for my job entails the safety and movement of the general public. Part of my job is safety communications.

All phone calls to my workplace are recorded.

It was during one of these phone calls that this whole incident started.

 

From that moment it took 6 months to get to the end of the Appeal in August.

Then in September the same Manager arrived at my location (I work alone) and there had been no contact with him since I lost the Appeal.

I was dealing with the safety of the general public when the Manager arrived and I locked him out.

I only did so because I didnt want the situation to erupt between us whilst carrying out my duties.

 

In October I went for a Company Medical and the Doctor put in his remarks back to my Manager that I was stressed and that the Company should get us together to help improve the situation and to help me. Nothing has been done to date.

A week after the Medical I got another letter from my employer for another Investigation into not allowing him into my work location.

Now some 8 weeks later I am to have another 'Disciplinary Hearing'.

I have asked several times since my medical and at the Investigation hearing in October about the Doctors remarks at my Medical.

 

I have booked myself off work because this is too much..I havnt slept since the letter arrived two days ago, its constantly in my mind.

I cannot look after the safety of the general public with my head full of this..

My question is how can I get the allegation initially made withdrawn and compensation for loss off earnings?

Furthermore I believe the stress that I have been under until two days ago and that has finally defeated me I should be compensated for?

 

Would someone please like to advise me?

Edited January 6, 2013 by hsbcfiddled

[Emmzzi]

you were cleared of misconduct therefore the allegation was not upheld - you should just let that go

 

I don't understand therefore why you lost money?

 

locking your manager out is undoubtedly a bad thing to have done

 

you seem to have stress issues generally. What has your own doctor done to help you with this eg talking therapies or medication?

[hsbcfiddled]

The manager who made the allegation has not withdrawn that accusation. I have to work with this man and I am not happy that he has not apologised or withdrawn. I believe if you do something wrong you apologise.

Whilst off work with stress I was unable to claim full pay. This stress was from the accusation. Why should I be out of pocket?

 

So I allow my Manager in knowing that I am uncomfortable with him and that another heated situation could happen..I then make a mistake which affects the lives of you and your family..Do you still think locking my Manager out was bad?

 

My doctor is aware of the situation..It was the Companies own care provider a 'well known one' that advised my employer to 'mediate'.

Medication would most likely mean I would not be allowed to work.

 

I acted in the interests of safety.

My Manager has a guideline procedure to follow to help employees with stress. This stress was of his own making,

He has not adhered to the guidelines and neither has HR.

 

I have involved the Union who are disgusted and amazed at the attitude of my employer. This is a Company that employs thousands.

[stu007]

Hi

 

These PDFs from ACAS may be of use this is the ACAS link also: www.acas.org.uk/

[cynic09]

Unlikely that a any third party would compensate lost earnings in that, IMO. Appears the employer has followed acceptable procedures, favoring the OP on at least two occasions. Not getting along with ones line manager is pretty commonplace in our green and pleasant land.

There may well be medical issues to be addressed regarding stress management, but that's more a matter for a doctor than an employer I'd imagine

[hsbcfiddled]

Thank you stu, emmzi, and cynic for you replies.

 

I was only off work BECAUSE of an unfounded allegation. This affected my ability to work. Had the allegation not been made or been withdrawn I would have been at work.

Who caused my stress?... my Manager.

Why was I unable to work? .....Stress brought on by my manager.

 

It seems cut n dried to me!

[Emmzzi]

stress is never that simple, is almost never caused by just one thing, and is damn near impossible to prove a single source of.

 

doctors don't just have medication. I am not sure you are seeing things completely rationally because of your anger and a talking therapy like CBT may be worth a go. I doubt you can go on like this much longer? I advise you to take action yourself before you become an ill health retiral.

[hsbcfiddled]

I have completed an Anger management course..this has helped me cope.

I have read the company guide to line managers re stress; In it it advises the line manager to nip anything in the bud to stop it escalating.

I have told my line manager that his accusation upsets me. The tape was played a dozen times and i did not swear. Then he changed the accusation to 'thinking' of swearing...cmon. This is intimidation, bullying, harrasment...why cant he just say "im sorry i got it wrong"?

I dont know what upsets me the most. His indignation or the Companies support of him?

 

I wont let this go..I cannot ... I am innocent and will have justice whether it costs me my job or even my life...i suffer from high blood pressure.. I cannot accept this treatment..I will stay off work now until I get what I feel is right...The company have a duty of care to me..there will administer that duty of care if it kills me!

[Emmzzi]

"My manager made an accusation and when the bosses investigated he was found to be wrong.

 

And yet, m'lud, I harboured a grudge against him for months afterwards which drove me into a state of deep anger, despite having been on an anger management course which my employer paid for in order to help me cope."

 

No one is going to punish the manager. No one is going to give you a wodge of cash. You need to get a grip on this by deciding how YOU can deal with it, not by expecting other people to change.

 

You need to live with it, or get a new job. That's the choices. No lawyer is going to touch this.

 

You DO sound obsessed. You DO sound like you have this totally out of proportion. Therefore, you DO need to see a doctor who understands mental health. "Costs me my job or even my life"?

 

GP in the morning for a referal, I think. I'm going to step back now as your problems cannot be fixed with a knowledge of employment law.

[cynic09]

"My manager made an accusation and when the bosses investigated he was found to be wrong.

 

And yet, m'lud, I harboured a grudge against him for months afterwards which drove me into a state of deep anger, despite having been on an anger management course which my employer paid for in order to help me cope."

 

No one is going to punish the manager. No one is going to give you a wodge of cash. You need to get a grip on this by deciding how YOU can deal with it, not by expecting other people to change.

 

You need to live with it, or get a new job. That's the choices. No lawyer is going to touch this.

 

You DO sound obsessed. You DO sound like you have this totally out of proportion. Therefore, you DO need to see a doctor who understands mental health. "Costs me my job or even my life"?

 

GP in the morning for a referal, I think. I'm going to step back now as your problems cannot be fixed with a knowledge of employment law.

 

I'm inclined to agree, sounds more a requirement for medical services than legal from the tone of the reply. Certainly not the type of clearheaded thinking one might expect from a person entrusted with the safety of others

[hsbcfiddled]

my employer did not pay for my AM course.

I have been employed over 10 years in my current role, with no issues re my health until this.

This manager has bullied others who are not prepared to follow it up..

I could argue m'lud the manager has demonstrated a complete disregard for the health and well being of a person under his direct control, failed to act on advise of the company Doctor. Even repeated the allegation m'lud when anyone of sound mind and body cannot possibly believe they can read peoples minds unless of course they are as good as or better than Steven Frayne - Dynamo the magician.

 

Thank you for your advise Emmzzi and step away if you wish. The union back me I assume they know something of employment law?

[hsbcfiddled]

Originally Posted by Emmzzi

"My manager made an accusation and when the bosses investigated he was found to be wrong.

 

And yet, m'lud, I harboured a grudge against him for months afterwards which drove me into a state of deep anger, despite having been on an anger management course which my employer paid for in order to help me cope."

 

No one is going to punish the manager. No one is going to give you a wodge of cash. You need to get a grip on this by deciding how YOU can deal with it, not by expecting other people to change.

 

You need to live with it, or get a new job. That's the choices. No lawyer is going to touch this.

 

You DO sound obsessed. You DO sound like you have this totally out of proportion. Therefore, you DO need to see a doctor who understands mental health. "Costs me my job or even my life"?

 

GP in the morning for a referal, I think. I'm going to step back now as your problems cannot be fixed with a knowledge of employment law.

I'm inclined to agree, sounds more a requirement for medical services than legal from the tone of the reply. Certainly not the type of clearheaded thinking one might expect from a person entrusted with the safety of others

 

 

And thats precisely why I have made myself unavailable for work.

[hsbcfiddled]

Is it not unlawful to make unfounded allegations, furthermore to repeat them?

[monkeychicken]

no it is not.

 

We all have a duty to raise important issues and employers have a duty to investigate them. If those suspicions prove to be erroneous, then the accused returns to work. If the suspicions were raised maliciously the emplyer has to act against the malicious person.

 

That doesnt mean compensation is payable

[stu007]

Hi

 

Now you say that this line manager is continuing with these accusations of swearing - In which way are they continuing this and do you have evidence of this individuals continued actions?

 

Something else I must ask is you say the manager arrived at your location and that you work alone - Is the location you work part of the normal office so to speak or is it at a completely seperate location where you are the lone worker in that location?

Edited January 6, 2013 by stu007

[cynic09]

Equally if an employee harbors grudges against colleagues or superiors and conducts a vendetta against some perceived wrong, those circumstances too can be actionable in law. Your employer has a duty of care to all employees, including your line manager. From your posts all actions an employer can reasonably be expected to take have been taken, mostly in your favour. Time to either move on or move out I'd suggest.

As a side point, union officials have widely varying degrees of knowledge regarding employment law, not all of them are particularly good authorities.

[hsbcfiddled]

no it is not.

 

We all have a duty to raise important issues and employers have a duty to investigate them. If those suspicions prove to be erroneous, then the accused returns to work. If the suspicions were raised maliciously the emplyer has to act against the malicious person.

That doesnt mean compensation is payable

 

I could not work after these allegations were made..could not work keeping my mind on my job.

If the accusation had not been levelled I would have been at work!

I was not off work through my own deeds.

[hsbcfiddled]

Is it not unlawful to make unfounded allegations, furthermore to repeat them?

 

So if I say you have verbally abused me and I am going to have you disciplined - when any reasonble person could have heard that you did not! Then thats ok is it?

[hsbcfiddled]

Hi

 

Now you say that this line manager is continuing with these accusations of swearing - In which way are they continuing this and do you have evidence of this individuals continued actions?

 

Something else I must ask is you say the manager arrived at your location and that you work alone - Is the location you work part of the normal office so to speak or is it at a completely seperate location where you are the lone worker in that location?

 

He repeated them at a mediation meeting.before the Discipline hearing that i won.

[hsbcfiddled]

Equally if an employee harbors grudges against colleagues or superiors and conducts a vendetta against some perceived wrong, those circumstances too can be actionable in law. Your employer has a duty of care to all employees, including your line manager. From your posts all actions an employer can reasonably be expected to take have been taken, mostly in your favour. Time to either move on or move out I'd suggest.

As a side point, union officials have widely varying degrees of knowledge regarding employment law, not all of them are particularly good authorities.

My grudge is that I have been falsely accused and the accuser has not been reprimanded.

Either I swore or I did not? I cannot be heard swearing.

By what right can someone deny an apology? And what sort of employer stands idly by and allows me to be treated so?

[hsbcfiddled]

I feel that I am wasting my time here.

[Suzc123]

So if I say you have verbally abused me and I am going to have you disciplined - when any reasonble person could have heard that you did not! Then thats ok is it?

 

Please calm down and think rationally. The only person you are going to hurt is yourself. The company seem to have dealt with the issue. You need to move on and put it behind you otherwise you will find yourself being fairly dismissed.

[hsbcfiddled]

Please calm down and think rationally. The only person you are going to hurt is yourself. The company seem to have dealt with the issue. You need to move on and put it behind you otherwise you will find yourself being fairly dismissed.

 

Dismissed for being abused and objecting to being so...

Dismissed for being stressed by unfounded allegations..

Edited January 7, 2013 by hsbcfiddled