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9 years of bullying had enough! compensation?

42 replies

Compliant123 · 20/11/2019 19:04

Evening, so 9 years ago I started my current job, just after I started I put in a grievance against my manager where he was seconded for a year while an investigation was on going (which to this day I think he still holds a grudge) after that year had past he slipped back slowly into his current roll,(I was never told the out come of the investigation) since then he has been favouring other employees in terms of annual leave, decline my request to go to a funreal, raising his voice/shouting at me in front of colleagues etc that’s just a broad description of the bullying I have been suffering, I have been to scared to raise a grievance up until now as I’ve been thinking if nothings done, he’s gonna try get me sacked and I have children to provide for, I have never been signed of because of the bullying up until recently where I was signed of with anxiety and work related stress for a month having chest pains and panic attacks (couple of years ago was on anti depressants as was thinking about taking my own life:( ) so I am in the process of raising a grievance (I have some emails to prove my points) now my question is would I be entitled to injury to feelings and if I felt could no longer do my job in my current environment future loss of earnings? Please ask if more information is needed this is just a broad overview

OP posts:
NeedAnExpert · 20/11/2019 19:09

You’d need to go through grievance, appeal and conciliation before a tribunal could consider your case. That’s where injury to feelings comes in. If you want the stress of spending a year or more to pursue this, there is a chance you may be awarded compensation, but it’s far from guaranteed.

CmdrCressidaDuck · 20/11/2019 19:13

A lawyer is going to need an awful lot more information to begin to answer this question, but as a non lawyer I imagine there will be some pretty significant questions over why, if it's so bad, you didn't in 9 years follow up your original grievance, file a new one, or look for another job.

IANAL but I strongly doubt you have a case for financial compensation. But you need to ask an actual lawyer.

Horse382 · 20/11/2019 19:22

Thank you all for advice I’ve contacted a few people including ACAS obviously with more information, haven’t rang a solicitor yet which is the next step, and in reply to your original question about not speaking up in 9 years, I just carried on as normal (maybe I shouldn’t have) but was to scared to speak up again encase nothing is done

Horse382 · 20/11/2019 19:23

Horse is me just changed my name lol to one I’d remember

Horse382 · 21/11/2019 10:20

Any help appreciated:)

T1meT0F0rget · 21/11/2019 11:59

Why don't you update your CV & start looking for a new job

Why have you continued to work somewhere where you are unhappy ?

Horse382 · 21/11/2019 17:42

Because my thought process has been why should I be bullied out of my job, why can’t he be sacked/redeployed, I have continued to work where I am because of the money perks/I don’t feal I will get a job with cushy hours, don’t have to work bank holidays etc like I have, I have been looking for ages but nothing I could see myself doing and I don’t want a pay cut nor should I take 1

NeedAnExpert · 21/11/2019 18:09

Do you not see that a court will ask why you haven’t taken any action to deal with it?

CmdrCressidaDuck · 21/11/2019 18:13

What you're basically saying is that you've done nothing to change or resolve your situation, you've incurred no financial loss, and nor have you suffered any health issues from this situation in nine solid years. But you want compensation. For what? A job is not legally compelled to make you happy or give you good feelings. Unless you've got incontrovertible evidence of very, very bad behaviour recently, it doesn't sound like much of a case.

T1meT0F0rget · 21/11/2019 18:26

Employers usually have a policy related to funeral attendance for parents, children, grand parents. Other friends & family is usually via booking a day off on holiday
The alternative is to phone in sick

Your holiday allowance, what is the issue with that ?

Horse382 · 22/11/2019 00:11

I’ve spoke to a solicitor who’s taken it on as a no win no fee so can’t be that much of a bad case like a few above have said or surely they wouldn’t have ? I probably should of asked a solicitor first :) thanks anywayz to those that have been helpful

Horse382 · 22/11/2019 00:13

I guess that’s why your a non lawyer cmdr
No disrespect

Horse382 · 22/11/2019 00:17

And cmdr I’ve already stated it has cussed me depression a couple years ago and most recently been signed of with work related stress/ anxiety

Sparklfairy · 22/11/2019 00:17

No win no fee only means you have a 50/50 chance of winning, which is broadly what PPs have said.

Lawyer most likely will write some letters in the hope they'll pay out just to make you go away. Don't expect to still be in your job/treated any better after this though.

Horse382 · 22/11/2019 00:51

Again I’ve been told they think I’ve got a good case no win no fee based of 50% chance 🤣🤣🤣🤣🤣🤣🤣🤣🤣

Horse382 · 22/11/2019 00:51

Looks like I’ve post on wrong forum sorry chaps

Horse382 · 22/11/2019 00:53

I’ll let you know how I get on guys

Sparklfairy · 22/11/2019 02:27

Yes, that is how it works, 50/50. I've been through this process with a better case than you and it was still a long hard slog. Good luck but this is not going to be an easy ride or an easy few quid for you.

daisychain01 · 22/11/2019 07:11

Horse, hopefully your solicitor has pointed out that your claim would need to be based on evidence of discrimination for it to stand any chance of even being considered at Tribunal.

Unless there's information you haven't given here, you have talked in terms of bullying (which is not against any specific Employment Law). If this manager has been harassing you, which is the legal definition of bullying when associated with a protected characteristic, you'll need to be clear about how your manager has put you at a disadvantage (ie not given you the same job opportunities/pay rises/fair treatment as others) as a direct consequence of race, disability, religion, sex, pg etc.

If you can provide any specific evidence to back this up, that will help your solicitor to build your case. Otherwise you'll have a much tougher job on your hands.

daisychain01 · 22/11/2019 07:15

The other thing to bear in mind is that a No Win No Fee solicitor's terms of engagement are risk- based so they will want a significant chunk of any compensatory award you may eventually get, because they are working at risk until the Case is heard. Don't be surprised if the service you get is somewhat minimalist!

Horse382 · 22/11/2019 07:34

Alright thank you people, yeah I could not put all the details here otherwise I’d be all day it was just a quick description, obviously I was able to provide more information to my solicitor, also if I put all the details on here and my manager had seen it, he would know it was about him

notapizzaeater · 22/11/2019 07:43

Good luck, have you got lots of evidence .?

Lots if companies dint allow leave for funerals unless it is direct family - you would need to prove other people have been given it.

Horse382 · 22/11/2019 08:29

Noteapizza - thank you, yeah we have a policy like that but my arguement was the same situation happened a couple of months earlier where my colleague was allowed it same relationship (friend or family friend) I’ve got it on email to where I questioned him about it

Horse382 · 22/11/2019 08:30

And was also same amount of staff of was identical situation

T1meT0F0rget · 22/11/2019 13:47

If there is no evidence, surely it would be his word against yours

Employers do sometimes refuse time off for holidays or funerals or other reasons under the reason of ' business needs'

I can't remember the correct wording, but you can request a disclosure of all emails/information/records related to you at work formally to your employer

However, ideally if you have issues you should be discussing these regularly with your manager & HR, before you start a formal grievance

If you left this company, how would it affect your reference for a new employer ?