Urgent help needed ref grievance - I've been lied to by employer

(7 Posts)
Nepotism Wed 03-Jul-13 23:51:49

Long back story but after 7 years I realised I could no longer work for my company. The past two years have been particularly difficult and my health was starting to suffer. I took the decision to resign (with no job lined up) and am working my notice. Various changes in structure and policy probably meant that I had a case for constructive dismissal but I didn't want to go down that road, I just wanted out.

I've always had problems with our General Manager making totally inappropriate remarks eg answering my phone "she can't come to the phone because my cock is in her mouth". I've complained to him, HR and the Director and they always say they'll talk to him but things have just got worse, particularly since I resigned. I was told by two reliable witnesses last week that he referred to me as "that fucking bitch" in a conversation with a junior member of staff whose performance I've had issues with in the past but he constantly defends. I decided to make a formal complaint and was interviewed by the HR Manager and my boss.

I've had a letter this week saying they've investigated my complaint and it has been upheld, which I thought was odd because the HR Manager is on leave. I asked the two witnesses whether they'd been interviewed and they said no. I gave the company the benefit of the doubt and assumed that as I'd raised it so many times and they claimed to have spoken to him they felt no investigation was necessary. However, two more employees, neither of whom knew from me that I'd made the complaint have just spoken to me about it on a night out. One said the GM had been in her office complaining that he'd been told off for calling someone a fucking bitch, the other that she'd overheard the HR Manager tell my manager that my complaint was ridiculous and they'd just say it was upheld as I was leaving anyway. I'm so shocked I just don't know what to do.

I can't help feeling I should take legal advice, I feel I've been taken for a fool.

Nepotism Thu 04-Jul-13 08:10:04

Any lawyers out there who can suggest what I should do?

Arianasmummy Thu 04-Jul-13 13:24:16

Sorry - i'm no legal expert - i am also going through a grievance at present.

I'm currently waiting for the results of a HR investigation. Even though my company is so blatantly in the wrong, i have been warned by my union that my company normally upholds all complaints. And even though they are so in the wrong they are expecting the company to do the same with me. Its standard procedure, they hope that we will go away and drop the grievance.

Thankfully i have fantastic Union support and i will be pursuing my grievance further, we have lodged my issue with the Employment Tribunal.

It looks like your company are playing by the same rule book and are hoping that you will drop the grievance as well.

Have you a Union?

If you are leaving what are you hoping to get out of raising the grievance? the reason i ask is that it is very stressful, and if you are going soon it may be easier to just go.

For me - i need to stay and fight my case - 8 weeks in and i have had to go and see the GP this morning. I'm now signed off sick due to stress. Thankfully my sicknote has been worded to allow me to attend grievance related meetings.

Good luck

flowery Thu 04-Jul-13 13:34:00

What do you want to do OP? You may well have a case for constructive dismissal/sex discrimination. They haven't considered your grievance properly or (apparently) taken any action as a result of it, and obviously the behaviour you were subjected to was completely unacceptable.

But what do you want to do? If you are considering the possibility of bringing a claim, you should find a local decent employment lawyer, hopefully one who'll give you a free 30 mins to talk through whether you have a case or not, and take it from there.

Nepotism Thu 04-Jul-13 17:22:48

I've just discovered today that the company has two other cases at the moment which are in the hands of lawyers so it's been a bit difficult to find a solicitor who isn't taken in our small town! That also says something about the poor standard of management we've been subjected to.

I went to stage 2 today which meant involving a director. His response was to shout at me. I'm not sure what I want apart from this man to stop treating people in this way. I have many witnesses who are willing to back me up but my mental health has deteriorated under the strain to the point where I'm on ADs so I'm not sure if I could take the strain of a tribunal. On the other hand, I do feel I've been forced out and would like compensation for the loss of salary.

BriansBrain Thu 04-Jul-13 18:48:16

I don't understand how you have received an outcome letter but had stage 2 today?

Why did he shout at you?

Nepotism Thu 04-Jul-13 23:12:50

The outcome was of Stage 1 saying they'd upheld my grievance and would deal with it. Then I found out they were just stringing me along. Today I submitted a letter saying I wasn't happy with the lack of investigation and I believed I was being fobbed off.

He shouted because he said I'll achieve nothing but cause trouble. He has allowed this man to behave this way so is also likely to get into hot water.

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