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I have made a complaint to Human Resources about my manager who has been making my life 'hell' for two years! It has been 6 months since I made the complaint and nothing really has come of it! Last week my manager changed my day off without consulting me and I objected to this. She has now reported me for 'inappropriate behaviour' and now face disciplinary action. Surely I have a right to stand up for myself without the threat of facing the sack. I wasn't rude and wasn't threatening at all! It took only 3days for me to face disciplinary action but my complaint about her has taken 6 months!!! How come and what can I do??

2006-11-07 02:04:32 · 24 answers · asked by Fin 2 in Business & Finance Careers & Employment

24 answers

I presume you have a log of all the incidents of bullying that have taken place - yes??? - and/or have witnesses to such incidents??? - If you have some proof of your allegations against this woman ten you should resign your position and issue proceedings at an Employment Tribunal on the grounds that you have been Unfairly (Constructively) Dismissed.

If the Tribunal agree with you - you have 3 possible alternatives - you can be re-instated in your position, you can be re-employed but not necessarily in the same department, or you may have monetary compensation.

The leading case on Constructive Dismissal is: Western Excavation ltd -v- Sharp [1978] IRLR 12.

In this case - Lord Denning stated that for the employee to succeed the employer must be in fundamental breach of the terms of the contract which goes to the very root of the contract itself.

Providing you can prove that your Manager did bully you, then the Company itself is at fault for not protecting you and therefore they too are in breach of your rights under contract.

Want more definitive advice??? : - email me: geoff.chaplin@btinternet.com

2006-11-07 02:16:50 · answer #1 · answered by Anonymous · 0 0

Have you ever heard the term:
P-ss-ing into the wind! well . . . that is exactly what you are doing, and getting all wet in the process.

Another saying that applies to you is: You can't win by fighting city hall.

Do you really think they are going to drop everything, throw down on one of their managers, and make you the victor. . . . . . . .

Until such time as serious employee/manager relation violations have taken place, you are fighting a losing battle.

Wish I had better news for you, but I am sure you want the truth, not some rah rah BS.

You want'a handle the situation? . . . .Then, listen carefully. . .

1. Approach your manager, and explain to her that you are sorry things have gotten to the point they have and that you would like an opportunity to make up for them, and turn over a new leaf. Apologize to her for any rudeness you may have displayed. Tell her you want to become one of her best employees and hope that she will give you the opportunity.

Before you respond to the above, listen very carefully. Some things you must learn.

First, always be close to your friends, but be closer to your enemy's.

Second: Never hate your enemy, as it will cloud your ability to think clearly in making use of intelligent tactics in defeating them.

Third: Revenge is hell! . . . .need I say more?. . . You are just not going about it in the right way. Learn to think outside the bun . . .

Darryl S.

2006-11-07 10:44:08 · answer #2 · answered by Stingray 5 · 0 0

Raise an official grievance in writing with HR about the bullying. They have to deal with it within a reasonable time. It may be that they thought you were making an "unofficial complaint", and not an official grievance.

If you are called to a disciplinary hearing about the other matter, then tell the person conducting the hearing about the background and say that you have been the victim of bullying, and that you are being victimised.

If you are still disciplined, then appeal the decision and raise another grievance specifically relating to the fact that you believe the disciplinary action came out of your manager's victimisation of you.

2006-11-07 10:10:59 · answer #3 · answered by Anonymous · 0 0

I don't know much about this, so don't take as gospel, but start logging down everything she/he does with dates and times. Also consult citizen advice. Don't try and get back at her/him, do your job to the best of your ability and give no reason to fault you. It's a shame, but keep your options for other jobs open. But why should you be forced out? Stand up for yourself in this meeting. As you've been there two years they will need I believe a good reason to fire you. So document everything hence if you get through the meeting. Don't make it known what you are doing do this covertly. Then if you are fired it may backfire because you can prove bullying in the workplace. Is there a way you can see someone higher in your establishment? Then tell them what you want and what you want to achieve and ask their advice. I'd be pissed off if someone changed my hours without consulting me.

2006-11-07 10:31:57 · answer #4 · answered by The Mole 4 · 0 0

This happened to me and I only had to put up with it for 2 months before she terminated me. I found a better job. The manager is setting you up to be terminated.

Here are the options -
1) Get transferred within your company.
2) Find employment elsewhere while still employed.
3) You can wait to be terminated.
4) You can consult an attorney, document everything and have witnesses to sue the company.

Good luck, remember this is only a job.

It took me a long time to build up my self esteem from the harassment I experienced. I have always been a hard worker and it was a shot to my ego.

2006-11-07 10:14:04 · answer #5 · answered by Anonymous · 0 0

This is a huge crock!
It annoys me when managers stick together in such circumstances and I've seen this for myself. I walked away from a couple of jobs because of this treatment and wish I'd had the knowledge at the time to do something about it.
Go to the citizens advice bureau as soon as you get the chance to find out what you can do.
I know it means taking the time to do this and the waiting can be off-putting but I so wish I'd done it.
Take this matter as far as you can and stand up for yourself.
It will make millions of us feel better who should have done it before you!
Kind regards.

2006-11-07 10:09:53 · answer #6 · answered by Lorraine R 5 · 1 0

.how did you complain did you put in writing was the letter dated and signed did you request a reply? you are entitled to three warning including verbal you need some one with you when you go to disciplinary jump b4 they do consult a free solicitors advice they will be able to help you don't go in there alone they will tear you to bits. was any one present when when you objected you may need their statement I could go on for ever it can get real messy phone a free help line or try citizens advice. If you can proved that you are a victim of bulling you could be entitled to some form of compensation
ex union rep. retired

2006-11-07 11:13:29 · answer #7 · answered by maggsyme 1 · 0 0

The only thing you can really do is take it to a higher level in Human Resources. Surely there is a Director or Manager of HR.
Or you could try your bosses boss but that is unlikely to help.

2006-11-07 10:07:47 · answer #8 · answered by ksmpmjoll 3 · 0 0

in my workplace in nys there is a sign posted that defines harassment and it encourages employees to take action against harassment, and that includes against MANAGERS. you can call your state labor board and they will be happy to talk to you about it! good luck! ( i am a server and have filed grievences against some managers from time to time via the union and it has helped. i have also called the labor board too and they can give you advice as to your rights and they will send you a form to complete and send back to them and they will help you if you are within your rights. that process might take some time. they have to investigate first but well worth it id say, if you are planning on staying at your job)

2006-11-07 10:19:45 · answer #9 · answered by AlwaysWondering 5 · 0 0

I was in your shoes about two months ago! Nothing was ever done about my reports, and I was sick of it! I quit !! It was the best thing I have ever done in my work life! If you can do it look elsewhere! You are in control of your life, and you can choose to not put up with this! Good luck! And always stand up for what you believe it!

2006-11-07 10:15:36 · answer #10 · answered by Anonymous · 0 0

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