Constructive dismissal

[Liesmorelies]

I am in an awful situation whereby someone I line manage, who I had previously had a good relationship/friendship with and had supported through many difficult situations at work of their own making, has raised a grievance for bullying against me, and, having been informally advised by senior management that it would likely not be upheld and that I was considering a counter-grievance, has doubled down and raised additional grievances against 3 other senior members of my team.

The language in these additional documents contains legalese and has led management to believe that the person is looking to go for constructive dismissal, so a settlement. In order to avoid having to make a pay out or go to a tribunal I am being strongly encouraged not to make a counter grievance and to accept some blame so it can all be swept under the carpet. As the grievance is a mixture of downright lies, half-truths and stuff that is not grievance worthy/even related to this person, I don't want to do that.

Needless to say, there is a back story which I don't want to detail but suffice to say I have been asking senior management for support with this person for nearly a year, and the same with another person (the two are friends) who did similar a couple of years ago but dropped it before it got too far. These people have not been dealt with, despite my constantly raising it, and now this is the outcome. I actually want to raise a grievance against leadership, but that would obviously wreck my working relationship with my seniors.

What do I do? My team is fractured, seemingly beyond repair, and my hardworking colleagues and I, who between us has given over 50 years of service to the organisation, are being expected to fall on our swords and apologise to someone who has made our lives hell for months, for reasons we just cannot fathom. I feel like I can't make it into work anymore, but as sole provider for my dc, I have to. I want to look for other jobs but I'm in quite a niche senior role that I've done for over 20 years and can't afford to go down. It seems like there's no solution. We're all in unions and they will support, but what can we actually do?

I really want to ask what the chances are of this person losing at tribunal. HR seem to think that due to the detail in the complaints it will be upheld due to the law of probability - but doesn't that mean I can make up lies about someone and as long as I make up loads they'll be believed?

Sounds like HR are wanting what is best for company and see you as a soft touch.

Stand up for yourself. HR will back down when they realise they can't railroad you into this.

I think your team will heal when you unite.

Thanks both. @CantHoldMeDown don't ask about my place! I think one of the reasons they are scared is because some of the alleged 'events' are related to pregnancy/mat leave.

Totally agree with previous poster, your company are handling this incredibly badly.

Consult your union, and make your own decision with their advice. Don’t be railroaded into making a decision by management. They are looking out for the company’s interest, not yours.

I’ve no idea why they are running scared unless there isn’t sufficient proof to reject the grievances.

I think a lot of the points will be hard to prove or disprove as it will come down to two versions of events/conversations. Does that make a difference? I'm wondering what actually needs to be proved in a case of CD. For example, is it like a criminal court - beyond reasonable doubt?

Pls pls don't let the manager/management make you fall on your sword. Contact your union and stand up & fight back and i guarantee you they will backdown- I have had similar experience and the company had to pay me compensation for the stress and the lies they made up.

Thank you @CantHoldMeDown I may do at some point.

I feel so uncomfortable about going against management - I feel like it would be the end of my career and I'd never progress further. But perhaps I won't now anyway. We are public sector and I know we can't afford a payout of any kind.

I have been researching further and I can't imagine actually going to a tribunal and going through everything and it just coming down to who is believed. I have seen that most cases don't win, but 51/49 to me seems like there just has to be any possibility of it being true, but maybe I've misunderstood. I feel like my whole reputation would be ruined anyway if I had to stand there and state my case and people who believed this person would hate me, even if we won.

But the alternative is this person just gets away with it.

but 51/49 to me seems like there just has to be any possibility of it being true, but maybe I've misunderstood.

No, that would be more like 1/99. It has to be more probable than not. As well as meeting the legal tests - tribunal judges are just applying the law, it's not fact finding and it's not about moral rights or wrongs.

Tribunal is just like an office meeting room, sitting at a chair in front of a table and answering questions in front of the tribunal judges and a few other people. And the tribunal judges know their stuff (unlike your HR by the sounds of it).

There is a very high bar to meet the legal test for constructive dismissal. It's not just about throwing mud.

I think you're catastrophising, although I understand why. Do you have access to counselling or similar support? Does your employer have an EAP?

I feel like my whole reputation would be ruined anyway if I had to stand there and state my case and people who believed this person would hate me, even if we won.

Also, hardly anybody reads or hears about tribunal decisions unless they're really exceptional. Very few people are in the room. I don't see how your reputation would be ruined by giving evidence.

Besides which, that's not on the cards right now. Don't get ahead of yourself.

OP this sounds stressful.

But as previous posters have said-the bar for CD is very high, it's simply not given on the basis of probabilities.

I am a bit thrown by yoyr references to pregnancy/naternity leave. Do you mean your own? Or the person bringing the grievance?

Has this individual raised concerns prior? What has been presented in writing?

This sounds like a lot if these situations where you are damned if you do challenge and also damned if you don't.

I am anazed that your HR have shared so much detail and assumptions when this ought to be very much confidential.

In your position I would be tempted to obtain some private advice.

Pregnancy then mat leave of the person raising grievance is scaring management as they think it means the alleged bullying will be seen as discrimination, which she is more likely to win and/or a bigger payout if she wins.

Apologies for appalling typos I have broken my glasses