Comments for Can a grievance about bullying be a protected disclosure? at http://mygrievance.co.uk , comment 1 to 3 out of 3 comments http://mygrievance.co.uk Thu, 09 Sep 2010 22:43:33 +0100 FeedCreator 1.7.2 http://mygrievance.co.uk/content/view/69/80/#comment-15 This really is a well argued legal argument and I am amazed that a test case using these arguments have not been used. It has direct relevance to a case I have at present where a woman (Mrs B) who had worked as a cleaning supervisor for more than 20 years and loved every minute of the job and was well liked and respected by those working under her, was suddenly faced with a new manager who took a dislike to her. For the next two years her life was made hell and she sought help from HR who merely took the managers side and made things even more her as the bullying manager used other people to bully and harass her too. Eventually Mrs B was forced to make a formal complaint using the employers Bullying and Harassment Procedure. The investigative process took over 9 months to complete and in the meantime Mrs B was moved her out of her job temporarily on the basis that because more than one individual was named in her complaint it was easier to move her than several other people. Needless to say all of her allegations were reported to be "unfounded" and as a result she was not allowed to return to her origianl position. Mrs B raised a grievance that the Investigating Officer failed to fully investigate the complaint and relied heavily on the evidence of the person complained of. A new Investigation Officer was appointed to investigate the complaint under the grievance procedure. Before the outcome of the grievance was concluded the managers in her new area of work complained that they could not work with her and that she had caused them too much stress related illness despite the fact that two of them went off with stress but only after they had submitted their complaint. As soon as the complaint was received the woman was moved again to yet another work area prior to any investigation being carried out. Mrs B went off with stress and was absent for 6 months before financial difficulties forced her to return to work. On her return to work her grievance had not been concluded although the Investigation had proved that the original complaint had never been properly investigated. In the meantime, the investigation into the complaints against her had been concluded without actually speaking with Mrs B. However, it was concluded that although there were several aspects of the complaint upheld, i.e. Mrs B was tearful and distrustful of everyone, no further action would be taken against her. Eventually, the HR Director heard the grievance and whilst accepting that it was unfortunate that the Bullying and Harassment Complaint was not properly investigated it "would serve no useful purpose in re-opening the case". In her new position she was asked to work alongside another supervisor who had come from another block because the women had refused to work with her because they found her bullying and intimidating. Despite this Mrs B thought that the two of them worked well together. However, another supervisor Mrs T was quite hostile towards her and Mrs B ignored it because she knew that she had taken up a post Mrs T was hoping would be offered to her sister who was looking for a permanent supervisor position as she was merely an acting supervisor in her current position. However, she found that Mrs T was giving her incorrect information and when Mrs B began to verify the information with documentation and/or with the manager a row developed. Mrs B broke down in tears and had to go home and has not worked for nearly 4 months. Legal advisers have said that she does not have a case for Constructive Dismissal but may have a Stress Case. - fireball Fri, 26 Sep 2008 10:32:22 +0100 http://mygrievance.co.uk/content/view/69/80/#comment-11 Hi Adrian, When I wrote my grievance letter out I was advised by ACAS to put in everything I could think of as it may be relevant to any forthcoming tribunal claim. At the time I didnt even know what they were talking about but i did as I was advised and Im so glad i did. I reported 2 colleagues to my manager regarding the way they were treating a vulnerable disturbed adult. I was subsequently bullied by one of them and after 4 mths became ill and was signed off with depression. I had complained several times in the 4mths and the behaviour increased. When I was fit to return to work (after approx 4mths) my manager told me that my services were no longer required. My grievance centres around the events of the poor practice and my subsequent treatment. I am so glad I did what ACAS said and put everything in my letter. It seemed a bit petty at the time but my grievance is a kind of 2nd whistle blow because the first went uninvestigated and now its been drawn to the attention of the Director. I also contacted another organisation with responsibilty for registering voluntary service organisations and told them of my concerns. Unfortunately they have not upheld my complaints. My previuos place of employment has in fact ,overnight, become a model of excellence. Amazing isnt it? I am gutted about this but at least the relevant agencies have been alerted. - anne_m123 Fri, 09 May 2008 02:00:58 +0100 http://mygrievance.co.uk/content/view/69/80/#comment-9 This is astounding information! Can I link to it on my website? - Quinonostante Sat, 26 Apr 2008 17:07:06 +0100