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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I want to take a work grievance further

38 replies

rollonretirementfgs · 24/09/2023 21:36

I wasn't sure what thread to use so ended up here.
I am being harassed at work.. nothing physical, or to my face where there would be witnesses. It's all very underhand. Reporting things to management for things I haven't done, bad mouthing, setting me up to fail etc etc.
I have made a formal complaint to the top dog. We had to go through the process of mediation, again she lied and lied and lied, Really shocking behaviour. Nothing was done, I am back to square one but in a worse situation now as I reported her.
My question is, can I escalate this to a police complaint? Or is there anything else I can do? I don't want to leave my job because of one person but feel trapped.

OP posts:
Ascendant15 · 25/09/2023 10:21

Where a SAR might identify someone else then there are grounds to redact or refuse information. And whether she left her log in open or not, sneaking through her emails is not going to do you any good at all - you are also in the wrong for doing that, and most places I work she'd have been told off for leaving her log in open like that, but you would be disciplined for them using that to sneak through someone else's information!

In all honesty, I'd find another job. I don't doubt that there is malice behind her complaints and reports, but proving that won't be easy. The bottom line is that if she has concerns about a colleagues work or other employment related matters then she has every right - as much right as you do - to complain or raise grievances. It will probably end up as a he said/ she said continuing circular row with no end. I do recall your other thread, and in all honesty I could see both sides of the story and you left yourself wide open to investigation. I've seen these sorts of disputes crash on and on, and the seldom end well. As a manager myself, I'd probably knock heads together and make it clear to BOTH of you that you are on notice to not appear on my radar anytime soon. But many managers will simply take the easier route of letting you play it out whilst being seen to follow the process, until one or the other of you gives up and leaves.

Ascendant15 · 25/09/2023 10:22

MargaretThursday · 24/09/2023 21:46

If you have put in a formal grievance and aren't happy with the outcome you can take it to tribunal.
You need to speak to ACAS. They're really helpful.

On what grounds exactly? You cannot appeal a grievance to a tribunal.

FFSWhatToDoNow · 25/09/2023 10:25

You’d have to resign then go to a tribunal alleging constructive dismissal. You’d need at least 2 years service.

Around 5% of constructive dismissal claims are successful.

rollonretirementfgs · 25/09/2023 10:26

Ascendant15 · 25/09/2023 10:21

Where a SAR might identify someone else then there are grounds to redact or refuse information. And whether she left her log in open or not, sneaking through her emails is not going to do you any good at all - you are also in the wrong for doing that, and most places I work she'd have been told off for leaving her log in open like that, but you would be disciplined for them using that to sneak through someone else's information!

In all honesty, I'd find another job. I don't doubt that there is malice behind her complaints and reports, but proving that won't be easy. The bottom line is that if she has concerns about a colleagues work or other employment related matters then she has every right - as much right as you do - to complain or raise grievances. It will probably end up as a he said/ she said continuing circular row with no end. I do recall your other thread, and in all honesty I could see both sides of the story and you left yourself wide open to investigation. I've seen these sorts of disputes crash on and on, and the seldom end well. As a manager myself, I'd probably knock heads together and make it clear to BOTH of you that you are on notice to not appear on my radar anytime soon. But many managers will simply take the easier route of letting you play it out whilst being seen to follow the process, until one or the other of you gives up and leaves.

My boss has all the emails, she knows who is in the wrong and has asked me to be patient while they follow procedures. It's not a case of us not getting on, so "knocking our heads together" would be completely unfair as I am completely innocent in all of this. I have confessed that i looked at her emails, my boss has looked into the matter and said I haven't breached any rules so will not be getting disciplinary.

OP posts:
rollonretirementfgs · 25/09/2023 10:27

FFSWhatToDoNow · 25/09/2023 10:25

You’d have to resign then go to a tribunal alleging constructive dismissal. You’d need at least 2 years service.

Around 5% of constructive dismissal claims are successful.

Constructive dismissal? I'm not being dismissed, I haven't done anything wrong.

OP posts:
MariaVT65 · 25/09/2023 10:33

Op, constructive dismissal is a term to describe a situation where someone ‘voluntarily’ leaves the company because they feel they have no other option due to treatment by the company. It’s not to do with anyone getting sacked.

I would agree speak to a union for advice. I was also thinking that you could mention constructive dismissal to HR but in reality I believe it’s a long process to go through.

PollyAmour · 25/09/2023 10:35

Constructive dismissal is the best way forward. Staying in such a toxic atmosphere isn't going to help you. Look for another job, contact your union rep and take it from there.

MariaVT65 · 25/09/2023 10:37

If you haven’t already, I would also start a log of each incident that occurs, and a file of any evidence you can lay your hands on. This really helped me when I approached HR about a previous manager who bullied me.

rollonretirementfgs · 25/09/2023 10:59

MariaVT65 · 25/09/2023 10:33

Op, constructive dismissal is a term to describe a situation where someone ‘voluntarily’ leaves the company because they feel they have no other option due to treatment by the company. It’s not to do with anyone getting sacked.

I would agree speak to a union for advice. I was also thinking that you could mention constructive dismissal to HR but in reality I believe it’s a long process to go through.

Ahh ok, thank you for the info... I'm clearly clueless on this stuff. I will talk to my union rep when I'm next in

OP posts:
rollonretirementfgs · 25/09/2023 11:01

MariaVT65 · 25/09/2023 10:37

If you haven’t already, I would also start a log of each incident that occurs, and a file of any evidence you can lay your hands on. This really helped me when I approached HR about a previous manager who bullied me.

Thank you. Yes I've got pictures of emails and a log of incidents.

OP posts:
Ascendant15 · 25/09/2023 12:49

What nobody has told you here is that you must exhaust your employers full grievance procedure before you can make a claim for constructive unfair dismissal. The only only exception to this is where there is a repudiatory breach so significant that you are justified in resigning with immediate effect. That simply isn't the case here. Your employer is following due process, so if mediation hasn't worked - and that means that the other person has continued in their actions - then you must now complete the full grievance procedure including an appeal.

If you resign before that point, then your chances of winning a constructive unfair dismissal claim will be a lot less than the 5% - much nearer to nil. And to put it in perspective, those 5% that win are literally a handful of cases, about 10 a year nationally. Most cases lose at tribunal. And most never get that far because the claims are dismissed for not having followed the grievance process. A few are settled but most never get that far.

So you need to follow the grievance procedure showing how the mediation has failed and the evidence of new acts subsequent to the mediation.

Ylvamoon · 25/09/2023 12:58

Sorry , but isn't her behaviour- checking up on you & your family- stalking?

Heave you got the emails, friend requests ect?
Go through them with an employment or criminal law solicitor. I'm sure what she's doing isn't all that lawful.

This college sounds creepy.

MrsSkylerWhite · 25/09/2023 13:00

Have you provided HR with the written evidence?

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