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Being blamed for reporting my boss to HSE- not guilty

(18 Posts)
MrsSparkly Thu 06-Aug-09 07:54:36

Re my previous post about my boss trying to reduce my hours while I am pregnant/sick

Apparently he had an 'on the spot' visit by HSE on friday and he is blaming me for reporting him!!!!! I didnt even have a grievance with him until Saturday when I received the letter about the reduction in hours!

I feel this is just another way of him trying to make things akward for me so that I will just jack the job in!

Is there anyway I can prove it wasnt me!?

BonsoirAnna Thu 06-Aug-09 07:59:29

Have you got any proof other than verbal proof that he is blaming you?

MrsSparkly Thu 06-Aug-09 08:07:02

No I havent he has been telling other members of staff that it had to me me though because apparently the HSE officer seemed concerned about the dangers to pregnant women and im the only pregnant one there!

MrsSparkly Thu 06-Aug-09 08:09:30

A lot of the 'proof' that I have submitted re the discrimination has been verbal - my boss is very mouthy about things but isnt stupid enough to write them down!

flowerybeanbag Thu 06-Aug-09 09:15:53

The only way of proving it wasn't you reporting him would be to instead identify who it actually was. I expect when people report their boss to HSE it is in confidence so I imagine that information is not going to be available. I would suggest you meet with him, assure him that it was not in fact you who reported him, and you would appreciate him not spreading rumours to the contrary to your colleagues. Follow the meeting up with confirmation of what you said and any response from him in writing.

MrsSparkly Thu 06-Aug-09 09:20:59

Thank you Flowerybeanbag, I have spoken to the solicitor who is dealing with the other things for me and she has suggested that I write to him denying reporting him and as you have suggested ask him to refrain from spreading the rumour around!

I have also tried speaking to the local HSE who will confirm that a complaint was made but cannot (understandably) tell me who it was!

Im not in a position to meet him until I return from annual leave (had 2 weeks poorly and now on one weeks leave) I am returning next weds!

However the solicitor said its more than likely he has reduced my hours BECAUSE he thinks I did this. The check was on friday and I received the letter saturday! Its just proving it now!

Whether he does it or not I dont know!

sigh

flowerybeanbag Thu 06-Aug-09 09:24:10

A letter sounds perfect. This HSE issue may well be the reason he is behaving the way he is about your hours, you could be right. Obviously you didn't in fact report him but the main point is that even if you did, that should be completely irrelevant to anything else anyway - either way his behaviour is equally unacceptable.

edam Thu 06-Aug-09 09:26:36

So he's singling you out because you are pregnant? Sounds like discrimination to me. Glad you have got a solicitor on the case.

MrsSparkly Thu 06-Aug-09 09:33:30

There is no doubt in my mind that he is doing this because I am pregnant but its proving it!

I have written to him (under the solicitors advice) and told him that he has made me feel he is doing this because I am pregant - the Solicitor was very clear that I shouldnt accuse him but tell him that is how I am feeling!

He has 14 days to respond to my letter and if he doesnt then the solicitor gets directly involved!! He stated a downturn in business for the reason in reducing my hours but I know and the accounts will prove that is not the case! also no other employee has been affected!

Im back at work next weds and the solicitor has also advised me to not take ANY negative comments from him and if he tries then to inform him if he continues that I will be walking out!!

Very very scary!!!

edam Thu 06-Aug-09 09:36:03

blimey, that is scary.

flowerybeanbag Thu 06-Aug-09 09:39:33

Don't worry too much about proof per se. It's not like the burden of proof in a criminal case where it has to be proved beyond reasonable doubt or anything like that. Employment tribunal cases are more along the lines of a balance of probability.

In terms of 'proving' sex discrimination, you have to prove facts about your case from which a tribunal could decide there has been discrimination, then once those facts have been demonstrated, the burden of proof moves to your employer to provide a reasonable and convincing alternative explanation for those facts.

Should you end up bringing a case your solicitor will go through all this with you, but it's not 'proof' in the sense that we normally understand as such.

MrsSparkly Thu 06-Aug-09 10:30:15

Flowery you are so good at this - do you work in employment law or something!?

Im worried about proofing discrimination because most of it has been 'comments' made by him - the only solid thing is the reduction in hours and the reason given not being valid!

I am going to work at the reduced hours and have confirmed in writing to him that I am doing them under protest - not quite sure how I stand with regard to the lower wages though

Solicitor has said that if the case can be proven then he will have to pay me back wages I just really dont need the stress right now - I am only 9 weeks pregnant and am supposed to be taking it easy after the mc

flowerybeanbag Thu 06-Aug-09 14:35:13

I do indeed MrsSparkly, my website is on my profile page, I work with small businesses and also private clients.

What your solicitor has said about the back pay sounds right. Have you considered refusing the change outright, rather than accepting it under protest?

MrsSparkly Thu 06-Aug-09 14:51:17

I wasnt aware that I could Flowery the direct.gov website stated that I could only protest in writing - this was BEFORE I got a solicitor on the case!

and its too late now I have stated in writing that I will do the 8 hours but under protest! Dreading my Aug paypacket LOL

Will have to go and have a look at your website now - just cos im nosey grin

flowerybeanbag Thu 06-Aug-09 15:38:42

grin

I'm not saying refusing outright would have been the best option - just wondered if you'd considered it.

It would have involved basically refusing to work altogether, forcing your employer to act one way or another by either withdrawing the change or by possibly terminating your employment. Working under protest is absolutely fine though.

MrsSparkly Thu 06-Aug-09 15:42:56

Thats how the solicitor put it to me - she said that I cant force myself to sit there for 16 hours but I could do it under protest!

To be honest I wish I had refused point blank and forced the decision because the next two weeks are going to be awful (I have given him 14 days to respond to my letter)

Flowery I want to thank you for all your help on this thread and my other one - you are a lovely person for helping a stranger like this!

flowerybeanbag Thu 06-Aug-09 15:47:39

blush grin You are very welcome

MrsSparkly Thu 06-Aug-09 15:55:49

I will send you a virtual bottle of wine when this nightmare is over - whichever way it goes!

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