Please help harrasment and no notice change of hours

[SNALF]

Just writing something up for you Gregorious, back in 10 mins

[gregorious77]

thanks

[SNALF]

Adapt as you need Gregorious: Again, not provided as a representative of CAG, from my own knowledge and experience only.

Dear Sir,

I am lodging a grievance letter to invoke the grievance procedure, due to a reasonable belief that (organisations name) has breached the contract terms and conditions and in addition, its 'statutory duties' germane to health and safety within the working environment.

In so doing, I am asking (organisations name) to observe the implied term of mutual trust and confidence, and not act in a manner which would likely destroy, or further seriously damage that trust and confidence. I trust therefore, that (organisations name) will observe the good faith performance, and take reasonable and practicable steps to remedy the following breaches with immediate effect.

I contend (organisations name) has 'failed to provide' my person with a 'safe place or system of work'. This may amount to a contravention of its statutory duties under the The Employment Rights Act 1996, Health and Safety at Work Act 1974, The Management Of Health And Safety At Work Regulations 1999, , and the Equality Act 2010. These omissions are outlined in the following paragraphs.

1. Material Breach of Contract – Employment Rights Act 1996 – Working hours

Enforced and immediate reduction of contractual working hours without proper consultation or agreement which will have a materially injurious effect on my income, including subsequent maternity pay entitlement. Namely that I was instructed on 11th January 2013 that with effect from 14th January 2013 my hours will reduce by 40% from 5 days per week as stated in my contract to 3 days per week without (the organisation) entering into proper consultation which is in breach of the ERA 1996. I require that my hours are immediately reinstated to the contractual hours of XX and any financial losses which occurred as a result of this unlawful breach are reversed.

 

2. Breach of Duty of Care - Equality Act 2010 - Disability Discrimination

I will consult with my doctor and discuss with him the fact, that the workplace harassment which I have suffered due to (the organisation) embarking on a frivolous capability programme have exacerbated my stress and may trigger a recurrence of my previous depression. As a consequence of such, this is having a detrimental impact upon my health. The cumulative effects of the aforementioned have adversely affected my abilities and capabilities to undertake my day-to-day activities. This impedes both my motivation and concentration within the working environment which manifests itself as incapability. I am asking that (organisations name) make reasonable adjustments to accommodate my disability, and acts with 'due diligence' to remedy the situation.

2. Breach of Duty of Care - Equality Act 2010 - Harassment

I feel I have needlessly been subjected to a 'systematic campaign' of harassment, due to (organisations names) omissions to take reasonable and practicable steps and or implement any preventative or protective measures to ensure a working environment free from harassment. I wish to bring to the head’s attention their fiduciary duties, with express particular the fact, that it is the directorship who are legally responsible to champion, promote, communicate, and implement (organisations names) policies and procedures down the chain of command to their ordinary employees. Notwithstanding, neither myself nor my work colleagues including Mr XXXX have been involved in any workplace training (or stress audits) germane to health and safety within the preceding **** months. Such an omission speaks volumes in itself. Perchance, I would not now find myself in this position, had (organisations name) been proactive in conveying it policies and procedures germane to harassment and equalities.

Furthermore, this omission has created an oppressive and intimidating working environment for my person. I can no longer ignore the palpable risk of harm Mr. XXXXX's unwanted conduct has had upon my mental and physical health, both of which are materially injurious. I personally find Mr XXXX's unwanted conduct abhorrent; it is undignified, embarrassing and degrading. I am having sleepless nights and night sweats whilst wondering what the next day might bring. This has unnecessarily caused anxiety, nervousness and distress. Due to a lack of sleep, I often go about my duties in a state of autonomy and this could have a severe impact on my capability within my role.

**** Go on to outline the date, time and place where the harassment took place, and any witnesses whom were present at the material time/s, do as an attachment if very detaled.

3. Breach of Duty of Care - Employment Rights Act 1996 - Workplace Danger

It is my contention that Mr XXXX's 'unpredictable behaviour' poses a palpable 'danger' to me within the working environment. As such, a foreseeable risk of harm exists to both my mental and physical health. Therefore, I am asking (organisations name) to observe the Equality Human Rights Commission guidelines, and suspend Mr XXXX due to the aforementioned reasons. Notwithstanding, I contend that a failure to do so may make (organisations name) vicariously liable for any subsequent omission to act to prevent further detriments from being inflicted upon my person. *** Delete if you don’t want to make the following demand** For the record, I can no longer work with Mr XXXX. This is due to the very fact, that his unwanted conduct has a detrimental effect on my health. As such, I ask that you consider the magnitude of the risk of harm occurring, and the gravity of the harm which may occur should the head teacher refuse this request.

It is my hope that in invoking the grievance procedure, I will not be made a workplace pariah, and or subjected to any detriment or detrimental treatment which would amount to a contravention of the aforementioned Acts or Regulations. I trust my career can continue to flourish under more positive circumstances, and look forward to pursuing my career with (organisations name).

Yours sincerely,

[SNALF]

Hope that helps Gregorious, I have adapted a template available free on the web to suit your situation, delete anything that doesn't apply, be interested to see a final copy before it is submitted if you want to post back on here.

[gregorious77]

That is very good indeed!

We will modify tomorrow and run it back up on here!.

The union local office (who have been very good) will also take a look an no doubt comment.

The regional office are the ones who seem more inclined to just give up!

[transient]

Nice work EmployLaw

[stu007]

Hi

 

This is the link to the National Union of Teacher (NUT) their may be useful info their: http://www.teachers.org.uk/

(Check the 'Advice and Guidence' link on the left of the web page)

 

 

This is the link to the ACAS Website: www.acas.org.uk/

 

These PDFs from the ACAS may be of use:

[gregorious77]

So far the NUT have been good with the rep at the school helping out in the meetings but the head has just ignored all suggestions made and ploughed on along his track. The local office giving advice on what to do and say etc but the main office just told her there is now nothing she can do and therefore she should either accept what is happening or resign! they seem to be on the side of the head.

ACAS told her to write a letter rejecting the new hours under breach of contract and work 'under protest'.

[gregorious77]

My wife has forwarded the letter on to her unoin rep.

She kept it the same but obviously added the names in the right places.

She will attach a list of detailed harrasment.

Only questions now are who to deliver it to as one grievance is about the head so it cant really go to him! I am guessing it will have to go to the governors.

The other is does she work the new hours' under protest' or just go back as normal?

TBH the stress is so bad I dont think she will make it back to work on Monday.

She told me she missed a lesson she was supposed to be helping in last week due to not having any information about where it was and the head tagged this onto the end of the meeting saying he will have to look into the indecent.

The bully boss saw my wife working on the computer when she was supposed to be in this lesson but said nothing.I am guessing he just went to the head instead.

I think we know the reason for all this mess coming about as part of the department is apparently bottom of the school in results and the boss must of thought I know ill blame the one who thinks its ok to have kids!!

 

The stress is not good for her or the baby so we have decided if she cant face it on Monday she will have to go back to the doctor.

[gregorious77]

I have been lookin at the ERA 1996 for the past hour and cannot find any reference to "Material Breach of Contract – Employment Rights Act 1996 – Working hours"

Anyone got any pointers? section? para?

[gregorious77]

Would this be it?

 

13 Right not to suffer unauthorised deductions.

 

(1)An employer shall not make a deduction from wages of a worker employed by him unless—

(a)the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or

(b)the worker has previously signified in writing his agreement or consent to the making of the deduction.

(2)In this section “relevant provision”, in relation to a worker’s contract, means a provision of the contract comprised—

(a)in one or more written terms of the contract of which the employer has given the worker a copy on an occasion prior to the employer making the deduction in question, or

(b)in one or more terms of the contract (whether express or implied and, if express, whether oral or in writing) the existence and effect, or combined effect, of which in relation to the worker the employer has notified to the worker in writing on such an occasion.

(3)Where the total amount of wages paid on any occasion by an employer to a worker employed by him is less than the total amount of the wages properly payable by him to the worker on that occasion (after deductions), the amount of the deficiency shall be treated for the purposes of this Part as a deduction made by the employer from the worker’s wages on that occasion.

(4)Subsection (3) does not apply in so far as the deficiency is attributable to an error of any description on the part of the employer affecting the computation by him of the gross amount of the wages properly payable by him to the worker on that occasion.

(5)For the purposes of this section a relevant provision of a worker’s contract having effect by virtue of a variation of the contract does not operate to authorise the making of a deduction on account of any conduct of the worker, or any other event occurring, before the variation took effect.

(6)For the purposes of this section an agreement or consent signified by a worker does not operate to authorise the making of a deduction on account of any conduct of the worker, or any other event occurring, before the agreement or consent was signified.

(7)This section does not affect any other statutory provision by virtue of which a sum payable to a worker by his employer but not constituting “wages” within the meaning of this Part is not to be subject to a deduction at the instance of the employer.

[gregorious77]

Letter as follows

Red bit are changed from original

 

Dear ####

 

I am lodging a grievance letter to invoke the grievance procedure, due to a reasonable belief that#### has breached the contract terms and conditions and in addition, its 'statutory duties' germane to health and safety within the working environment.

In so doing, I am asking #### to observe the implied term of mutual trust and confidence, and not act in a manner which would likely destroy, or further seriously damage that trust and confidence. I trust therefore, that#### will observe the good faith performance, and take reasonable and practicable steps to remedy the following breaches with immediate effect.

I contend #### has 'failed to provide' my person with a 'safe place or system of work'. This may amount to a contravention of its statutory duties under The Employment Rights Act 1996, Health and Safety at Work Act 1974, The Management Of Health And Safety At Work Regulations 1999, and the Equality Act 2010. These omissions are outlined in the following paragraphs.

 

1. Material Breach of Contract – Employment Rights Act 1996 – Right not to suffer unauthorised deductions.

Enforced and immediate reduction of contractual working hours without proper consultation or agreement which will have a materially injurious effect on my income, including subsequent maternity pay entitlement. Namely that I was instructed on 11th January 2013 that with effect from 14th January 2013 my hours will reduce by 40% from 5 days per week as stated in my contract to 3 days per week without #### entering into proper consultation which is in breach of the ERA 1996. I require that my hours are immediately reinstated to the contractual days of 5 days per week and any financial losses which occurred as a result of this unlawful breach are reversed.

 

2. Breach of Duty of Care - Equality Act 2010 - Disability Discrimination

I will consult with my doctor and discuss with her the fact, that the workplace harassment which I have suffered due to #### embarking on a frivolous capability programme have exacerbated my stress and may trigger a recurrence of my previous depression. As a consequence of such, this is having a detrimental impact upon my health. The cumulative effects of the aforementioned have adversely affected my abilities and capabilities to undertake my day-to-day activities. This impedes both my motivation and concentration within the working environment which manifests itself as incapability. I am asking that #### make reasonable adjustments to accommodate my disability, and acts with 'due diligence' to remedy the situation.

3. Breach of Duty of Care - Equality Act 2010 - Harassment

I feel I have needlessly been subjected to a 'systematic campaign' of harassment, due to #### omissions to take reasonable and practicable steps and or implement any preventative or protective measures to ensure a working environment free from harassment. I wish to bring to the head’s attention their fiduciary duties, with express particular the fact, that it is the directorship who are legally responsible to champion, promote, communicate, and implement #### policies and procedures down the chain of command to their ordinary employees. Notwithstanding, neither myself nor my work colleague #### have been involved in any workplace training (or stress audits) germane to health and safety within the preceding 24 months. Such an omission speaks volumes in itself. Perchance, I would not now find myself in this position, had #### been proactive in conveying it policies and procedures germane to harassment and equalities.

Furthermore, this omission has created an oppressive and intimidating working environment for my person. I can no longer ignore the palpable risk of harm #### unwanted conduct has had upon my mental and physical health, both of which are materially injurious. I personally find #### unwanted conduct abhorrent; it is undignified, embarrassing and degrading. I am having sleepless nights and night sweats whilst wondering what the next day might bring. This has unnecessarily caused anxiety, nervousness and distress. Due to a lack of sleep, I often go about my duties in a state of autonomy and this could have a severe impact on my capability within my role. * Please see the attached sheet for the dates, times and places where the harassment has taken place.*

4. Breach of Duty of Care – Health and Safety at Work Act 1974 - General duties of employers to their employees.

It is my contention that #### 'unpredictable behaviour' poses a palpable 'danger' to me within the working environment. As such, a foreseeable risk of harm exists to both my mental and physical health. Therefore, I am asking #### to observe the Equality Human Rights Commission guidelines, and suspend #### due to the aforementioned reasons. Notwithstanding, I contend that a failure to do so may make #### vicariously liable for any subsequent omission to act to prevent further detriments from being inflicted upon my person. For the record, I can no longer work with ####. This is due to the very fact, that his unwanted conduct has a detrimental effect on my health. As such, I ask that you consider the magnitude of the risk of harm occurring, and the gravity of the harm which may occur should the head teacher refuse this request.

It is my hope that in invoking the grievance procedure, I will not be made a workplace pariah, and or subjected to any detriment or detrimental treatment which would amount to a contravention of the aforementioned Acts or Regulations. I trust my career can develop and flourish under more positive circumstances, and look forward to pursuing my career with ####.

 

Yours sincerely,

####

Examples of the harassment include:

Being ignored when saying good morning/afternoon etc and when passing in corridors. This makes me feel worthless. (April 2011 to present )

Being asked ‘what are you doing here I thought you were part time’ on my return to work after sickness for stress. This made me feel upset and embarrassed. #### then closed the door to my tutor room which I had propped open to tell me he had ‘ taken my Y11 class off me as he didn’t know when I would be back’ which made me feel intimidated, worthless and belittled. (07/01/2013)

Being singled out over reports that I offered to complete at home while on sick leave by not being sent them when asked and having to submit them to #### when the rest of the department submitted to assigned staff members, I was omitted from the list but included in the email. (20/12/12)

Being told my folder work is not of a good enough standard when in fact it is good and asking other staff members to check it. This made me feel worthless and humiliated. (Autumn 2012)

Raised his voice in a humiliating manner over a missing exam paper that I did not take, another member of staff who was present admitted he was using it and #### continued to lecture me on the incident. This made me feel upset and humiliated and I believe the actions were meant to make me feel embarrassed which they did. (April 2012)

#### ‘told me off’ in front of a class on 2 occasions for a mistake made by another colleague. (This should be documented in meeting minutes with ####) again I believe this was to make me feel embarrassed which it did.

In verbal feedback from a lesson observation #### stated my marking was the best in the department but then marked the assessment part of the observation as a 3 (needs improvement). (Sept 2012)

Being told it is acceptable to miss twilight sessions that were intended to make up the time that falls within my maternity leave but then him informing #### that I had refused to attend without mention of said maternity leave. (I had also checked with my union if I would be expected to attend. They said it was not unreasonable to miss the sessions. I explained to #### that I have no childcare for the days in question but would be prepared to do work at home if needed) (September / November 2012)

Being told my threshold application was acceptable and then him ticking the ‘do not recommend for paid progression box’ claiming the work involved was done by another member of staff. This made me feel belittled and upset. (Autumn term 2011)

 

 

This harassment has arisen after I had time off for Post Natal Depression. On my return to work ####s attitude towards me has been one of hostility and intimidation with regular instances of him ignoring me or raising his voice at me over things I have not done. There have been 2 meetings involving myself, #### and #### in which I mentioned a number of other incidents but little has been done to follow up the situation. #### protested that he does not treat me any differently to the rest of the department members.

The Equality Act 2010 defines "harassment as: "unwanted conduct" which must have the "purpose or effect" of creating an intimidating, hostile, degrading, humiliating or offensive environment for the victim recipient. I strongly believe that this is what I have been subjected to consistently since returning to work in the spring term 2011.

I consider this treatment may have been unlawful.

[gregorious77]

Just spotted he has not followed school procedures on the 8 days notice for the capability hearing as he has omitted to detail the allegation or provide written evidence. he stated this will come in a further letter.

We have replied to this stating the 8 days does not start until all details and evidence is complete!

[gregorious77]

Union are worried the grievance for harassment will make matters worse and have said it might not be a good idea bringing it up now!

[transient]

Union are worried the grievance for harassment will make matters worse and have said it might not be a good idea bringing it up now!

Reasons why?

[gregorious77]

That it might inflame the situation.

I recon they dont want to deal with it. its so taboo dont you know.

Mental illness and harassment in one grievance, how very dare you!!

[SNALF]

Hi Gregorious, sorry I haven't been able to get on over the weekend, had family up from South who stayed in more than I thought they would, so no internet for me without looking rude! I'm not sure why your union believe it would be better for your wife to withhold some of her grievance to another stage. There are a couple of things to consider if you do: One is that if you raise several grievances over a period of time, the intent would look malicious if it ever came to the courts. They would unlikely see the sense in doing it piece by piece and causing a lot more aggrevation for your employer. Another is that if you wait until they take either capability or misconduct action against your wife and then claim harassment, it would potentially look as though this claim was unfounded and brought about to counteract their process rather than be a genuine complaint.

[gregorious77]

Well for now she has only raised the grievance for breach of contract and lack of information in their letter about the capability meeting and not following their own procedures.

really she just wants out of the whole situation and is not strong enough to fight them.

Off sick now due to the stress of it all and going to move her maternity leave forward.

[gregorious77]

also the meetings she has had have got to the stage of them starting capability in the next 8 days or so so it is already at the stage that it might look like it is unfounded and being brought about to counteract their action. this is also mentioned in their protocol.

[gregorious77]

OK so I thought I would update this thread.

My wife moved her maternity leave forward and is now off on maternity leave.

She has informed them she will be off for 52 weeks and does intend to return to work after the birth of her baby but has deferred their maternity payment of 12 wks @ 1/2 pay in case she doesn't return to work (pretty standard stuff).

 

This week her job was advertised externally but not as maternity cover but a full time permanent position!

What does employment law say about this?

 

It is highly unlikely that it is a new position as the dept is already at full staffing level and no one has said they are leaving!!

[Emmzzi]

the law says it is only a problem as and when they do not let her return to her job. A year is a long time.

[gregorious77]

Hello all. Long time!!!

So my wife decided not to put the grievance in as she was not strong enough mentally and heavily pregnant at the time!!!

The time has now come to start thinking about the return to work in Jan 2014. She saw her boss down town last week and wanted to cry. all the feelings are coming back and she feels she cant go back to the same situation.

We have sought legal advice and they have said it is bullying and we need to put in the original grievance; justify the lateness with the maternity leave and stress and make it clear that the problem must be resolved before the return to work. If it cannot be resolved a compromise must be reached.

I am pants at letters but here is my best shot at it.

Advise welcomed and needed!!!!

 

Dear XXX,

Please find enclosed a letter to invoke the grievance procedure.

The reason for the time taken to bring this action is that my life has been very busy with the work related stress prior to my maternity leave having a negative effect on my well being and the birth of my child taking priority over my time. It is only now that I feel I have the strength and time to devote to this issue.

As you are aware I feel I have been bullied by XXX for a considerable time. I have been on maternity leave which I had to take six weeks early and am now approaching the time where I am planning my return to work in January. This planning has brought the feelings of anxiety and worry about the bullying I was subjected to and I feel I cannot return to work under the same conditions.

I request that the grievance procedure is put into effect with immediate action being taken to resolve this issue before my return to work or if the issue cannot be resolved I feel a settlement will need to be reached.

[gregorious77]

re-worded version.

 

Please find enclosed a letter to invoke the Grievance Procedure.

As you are aware I feel I have been bullied by XXX for a considerable length of time. I originally collated the information for the Grievance during the school years of 2011/12 and 2012/13. I postponed submitting it sooner as I was under a lot of stress dealing with the immediate situation, hence being signed off by my GP with work related stress shortly before my leave started. For the sake of my mental wellbeing I took my maternity leave six week earlier than planned. It is now that my maternity leave is drawing to an end that the feelings of anxiety and worry have returned and now the issues need to be resolved before I can return to my post in January 2014. I feel I cannot return to work under the same conditions.

I request that the grievance procedure is put into effect with immediate action being taken to resolve this issue before my return to work or if the issue cannot be resolved I feel a compromise will need to be reached.