Employment grievance - dignity at work + defamation of character

[Jeff_UK]

Hi all,

 

Just looking for some advice on my situation. Basically I was subjected to 6 months of bullying/unreasonable treatment by a new boss (won't go in to details on that but several incidents, some witnessed, some not.) Several staff on my team including me complained to his boss, to no avail. All I got was mediation where he acted like he was the aggrieved party (surprise!) So I decided to get a job elsewhere, which I did, although I never wanted to leave.

 

With two weeks of my notice left, I was called in to his office and berated in an aggressive and extremely abusive manner, all over nothing. I was immediately instructed to leave and told I'd get my last 2 weeks paid, which my employer did. However I later found out that the day I left, after I was gone he called a meeting stating I'd left as he'd caught me out lying, I had refused to work etc. He'd emailed me to say this that same day as well. Weeks later I heard from a former manager that it had got to her (the other side of the organisation) that I'd gone for deliberately sabotaging and falsifying documents.

 

A grievance is being worked through. Ideally the result I'd like is the following:

 

- An upholding of the grievance itself (although sadly it would appear from reading this forum that bullying rarely does get upheld no matter how many witnesses/incidents?)

- The defamations to be retracted.

- A charge of gross misconduct against my old boss for repeated and unfounded defamation of character in written and verbal format and the bullying.

- 'Some form of redress' for the fact my whole career and life have been knocked sideways by this, when previously I was one of the best performers in the company and had won numerous awards to that effect. I won't go in to details but it's cost me thousands as a result of this.

 

Anyone have any thoughts on whether this is likely to end up as a letter sent to me saying 'sorry no case to answer' or 'sorry we're going to work on his behaviour, bye', or whether I might actually end up with what I would consider just from this? I'd have thought they can't deny the email I have from him which is insulting, the various witnesses to defamation and the repeated complaints about him to management previously?

 

Thanks

Jeff

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about your problems.

 

I hope the forum guys will be along later with advice for you.

 

My best, HB

[SweetLorraine]

Hi Jeff,

 

I'd guess that the chances of any organisation saying 'sorry' at this stage is simply non-existent - to say 'sorry' is to accept responsibility.... an eye-watering, gilt-edged 'gift' to any (former) employee considering a subsequent legal action.

 

You may need to just move on and put this all behind you. How would you feel about that?

Edited September 24, 2013 by SweetLorraine

[Emmzzi]

personal action for slander/ libel may have more success. Do you have some money to throw at this case?

[Jeff_UK]

Thanks for your responses. If it comes to taking action then yes I can fund it. Considering I've been forced to leave by someone who has subsequently freely gone around openly lying about me (in a serious way that could theoretically affect my future employment prospects), I don't think it is the objective or sensible choice to just ignore it

[Emmzzi]

Then i think you need a generalist lawyer, not employment advice - go for a chat with one and see.

[steampowered]

You chose to resign before the events mentioned in your post and you got paid for the two weeks after the meeting. I don't understand why you think you have lost thousands of pounds here?

[transient]

You chose to resign before the events mentioned in your post and you got paid for the two weeks after the meeting. I don't understand why you think you have lost thousands of pounds here?

Possible future earnings if working in a niche market?

[steampowered]

Possible future earnings if working in a niche market?

 

Yes, this is a good point. However, if this is the case the Op has a problem since he resigned before most of the events described in his post. He could only claim for constructive dismissal based on events leading up to his resignation. He cannot say that abuse after his resignation caused loss of earnings.

[jackieandwayne]

Now hang on a minute - Jeff said "I was immediately instructed to leave". Isn't that the sack, notice period or not? And he has this in writing along with some unsavoury comments?

 

Jeff, if you have a chance to resolve this, and can afford it, go for it. See a solicitor. I'm actually pleased to hear you got out, I didn't, after 3 years of bullying, I had a complete mental breakdown. It cost the company dearly. But it was not easy, especially the state I ended up in. Better you got out before you had a breakdown, now you still have all your marbles at least, you are in a better position to deal with this creature.

 

Some people would just walk away, but then another person, like myself, would spend years fretting and regretting, and that's not healthy either. You have to do what is right for you and if you know you have been wronged, and you can afford it, you go get 'em before they actually make someone seriously ill. Good luck.

[steampowered]

Now hang on a minute - Jeff said "I was immediately instructed to leave". Isn't that the sack, notice period or not? And he has this in writing along with some unsavoury comments?

 

Good point. Jeff was paid for those 2 weeks, so he should check to see whether his contract has a 'gardening leave' clause as this will dictate whether the order to stay at home might be regarded as a dismissal (although if it is a dismissal, damages awarded for that dismissal would not cover the full loss of earnings since these would have been lost anyway).