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Original poster

Unreasonable Employer??

32 replies

Namechangeemploymenthelp · 29/07/2023 16:05

Apologies for the rubbish username.

I was dismissed after 20 plus years with my employer. Successfully appealed and was told I would be reinstated , no detriment etc. Unfortunately HR allocated me back to the same line manager (not good- their own reports identified failings) and I was told (as recently as a week or two ago) there were no posts currently available.

Today I received an email from a job website informing me that my employers are looking for someone at my grade in my business area . I’m shocked/a bit shook up (although probably shouldn’t be). They obviously don’t want me to return (given what has occurred previously and , related, I have a disability so would need some adjustments?) but to be that obvious?

Unfortunately my Trade Union haven’t been great - tell me just to go along with employers /see what happens etc I had already started an ET claim - submitted the ET1 after they had dismissed me but obviously that was before this. I presume I will just have to continue along that route but feel really upset/shocked at how they are behaving.

Just wondered if anyone had been through anything similar and if so had any advice? Thank you

OP posts:

Treesinmygarden · 29/07/2023 18:25

Namechangeemploymenthelp · 29/07/2023 18:18

Thank you. I will speak to an employment lawyer on Monday.

I was keen to return to work but I think it’s becoming increasingly clear they don’t want me back. To go back in such circumstances would be hellish?

I always got top box markings, promotions etc but then was badly bullied and had a breakdown. Whilst I was off they dismissed me which I successfully appealed. The appeal report was very critical of my managers - ‘significant failings’ etc’. After 20 plus years I couldn’t imagine being anywhere else . Wanted to start again/treat it like a blip but it doesn’t seem like they want me to?

I had wondered if anyone else had been through anything similar and managed to make it work but it doesn’t seem very likely?

Oh well! I will just have to get on with it.

Thank you for all your advice and patience.

They won't want you back - you've exposed their failings. Even if you do go back, they will make your life hell. Get a fresh start now while you are still (presumably) young enough to still do it. But they need to put their hands in their pockets...

Also meant to say - check any policies, like your car insurance or your home insurance because some of them have legal cover. If they take your case on, they will cover your fees.

Whatyoutalkingabouteh · 29/07/2023 18:32

Surely you should be being paid from the moment you were reinstated as the outcome of the appeal?
the role isn’t redundant if they are advertising it- they should be putting you into that role. If they think the relationship has broken down they should be negotiating a settlement for you to leave or looking for alternative roles.
personally I wouldn’t want to go back but why shouldn’t you? It’s your job.
definitely get legal advice and continue with your ET claim… hopefully you can settle and if the appeal was in your favour they’d be silly not to!

Original poster

Namechangeemploymenthelp · 29/07/2023 18:33

Treesinmygarden · 29/07/2023 18:21

At the very least they should have put you back on the payroll and paid any monies outstanding since they dismissed you (if any). If they don't do that they are in breach of their own policies, which will be dimly regarded at an ET. No point in having an internal appeal and then just disregard the outcome. It sounds like they have messed up and advertised your job too. Let them fuck up - it's all in your favour when they do. I hope your ET application is still live?

I had this happen to me many years ago. They paid my salary and I was on the payroll for months before they found a shithole non-job to dump me in. Solicitor advised that they were within their rights to do it but it pretty much killed off my career.

The bastards also tried to go after the unemployment benefit I'd been paid when they sacked me! They were told to do one.

You need to engage a good employment lawyer here. Don't see how they have a leg to stand on. Take the advice of one who knows and get out of the place. You could never be happy there.

Thank you for taking the time to respond- I’m grateful. Fortunately the ET is still live: hopefully this will provide some options.

I’m sorry you went through something similar. It just feels so relentless. I have found it has really chipped away at my confidence and mental health. I keep thinking there must be something I can do to fix it all but they just don’t appear to want to engage or help. As you say I think I probably just need to accept I have to get out of the place. But not easy when you think of all the years that you’ve put in - holidays/weddings/important events missed. I suppose it’s a life lesson but ugh….

Hope you have had lots of happiness and success since leaving. Thank you.

OP posts:

TorviShieldMaiden · 30/07/2023 14:46

If you take advice from a solicitor then your trade union will no longer support you in the matter. All trade unions have rules about their party advice and involvement.

Whatyoutalkingabouteh · 30/07/2023 18:28

I’d rather a lawyer than a TU Rep

blueshoes · 30/07/2023 18:48

Agreed.

OP already said her trade union is rubbish and they certainly act like it if OP is left drifting for months. Forget the time wasting union. Her employer is trying to ghost and gaslight her, even though they are clearly in the wrong. Her employer is also trying to wear her down because they know she had a breakdown due to workplace bullying. This has already affected OP's confidence and her mental health.

OP needs strong and competent legal guidance from an employment lawyer. She should be able to get a good payout here, including back pay, either through settlement or an employment tribunal.

TaylorSwiftFan · 30/07/2023 23:18

This

M Well, the starting point is to ask them why aren't you back in your old role since they agreed to reinstate you. That's what reinstate means. They don't get to just say there isn't a role. Are they giving you the runaround or are you just being very passive?

Also decide what you're actually looking to achieve here. Do you want your old role back? Do you want a different role with the same employer? Or do you want to be paid off? This may impact your approach and this is what an employment lawyer will ask you i.e. what do you

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