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Forum - CAN I CONSIDER MY EMPLOYER'S ACTION AS UNFAIR DISMISSAL

CAN I CONSIDER MY EMPLOYER'S ACTION AS UNFAIR DISMISSAL

I have been subjected to continuous ill-treatment (Harassment, intimidating, bullying and victimisation) at work by my line manager.

His behaviour has adversely affected my health (Emotional, psychological & professional well-being), this has led to being placed on medication by my GP (-Distress).

This incident then reported to HR Manager in writing for formal consideration.

Two working days after reported the incident of ill-treatment, I was suspended from work around 11PM.

Reason given after my suspension was -the managers have checked one of the job that was done by me some weeks ago & it was discovered that the job was not properly done. The alleged offence was brand/termed as Gross Misconduct.

The investigation was not reasonable conducted;
The minutes of the investigation hearing was contrived to mis-direct the readers --I officially protested their finding to HR manager. The response of the HR was not reasonable in all the circumstances.

I believe the allegations invested/brought after my grievance was to subdue me from having fair grievance hearing.

Before the arrival of this manager, I have been having good appraisal with good recommendation.

My grievance was neither consider nor resolved till this moment that I was dismissed.

I was dismissed without coroborative evidence to the allegations.

The supporting evidence presented by me were not considered before they arrived at their decision.

Please assess this issue if I can proceed to Employment Tribunal.

Alas007

RedTapeDoc's picture

You could also give the Acas Helpline a call ...
The helpline is FREE and gives good impartial advice to both employer and employee. Helpline 08457 47 47 47

padme44's picture

This is almost identical to my situation. Have recognised, uncontested disability, went off sick after breach of confidentiality re this due to stress. Then suffered serious injury to foot. Able to return 6 weeks later signed by GP as phased return. They refused all advice to return me to work, even OH. they then claimed mobility aid at work would be undignified, didn't tell me free physio available although they knew their attitude led me to pay for it. Over a thousand pounds. Letters/emails from me querying why no return, then finally 3 days before return date they accuse of GM, but don't tell me this until 3 days later. They refuse to investigate my grievance before their own investigation or even consider alongside. The grievance is with-held for 8 weeks, response coming after my dismissal. They call no witnesses but one, who I accused of bullying. Those who made statements had no evidence. They dismissed summarily, no consideration of any mitagation, such as 20 odd years nhs service. This end of June. Appeal delayed by them due to holidays. September appeal adjourned as they have not sent paperwork, I meanwhile have lost new job due to leaving work upset and stressed and lacking confidence. This causes further psychological damage, suicide attempt, reliance on sleeping tablets, total loss of confidence. Now their solicitor is suggesting they may agree to drop GM charge if I withdraw claim, but no settlement financially. My disability is exacerbated by stress. I think it better to keep fighting, why leave them to do this again? What is the law for? Why accept withdrawal of a charge with little substance anyway and no ACAS procedure followed. Am minded to take to tribunal myself if solicitor cannot be afforded. This situation is being repeated up and down the country. It is wrong. People should not wait over 6 months for even a tribunal meeting. If they make this offer can it be used against them later?

ChrisW's picture

It's very difficult to tell whether someone has been unfairly dismissed without knowing all the details. You can find general advice on what is and isn't unfair dismissal on the site. If your employer failed to follow their disciplinary procedure properly or treated you unfairly you could have a claim worth taking to a tribunal.

Your best bet is to get together all the paperwork you have relating to this - a copy of your employer's disciplinary and grievance procedures, any letters you sent or received and so on. Take it either to an employment lawyer or to your local Citizens Advice Bureau - either should be able to give you some initial guidance and help you decide what your next steps are.

Good luck!
Chris

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