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I have logged a grievance against manager and am at appeal

 
Ben Jones's Avatar
  • Answered by:Ben Jones
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in UK Employment Law

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Customer Question

I have logged a grievance against manager and am at appeal stage. Now i need to know the answer to the follwing: manager whenever requesting us to go out for drinks made me pay half of the bill. she would then tell me to put it through expenses and she would then sign it off. She has made me do this for years. Can i be implicated, if i tell HR? I have always named the people whom i have been out with. She has also made otheres do this. Please advise

 



Already Tried:
Grievance, Appeal and now resignation

Submitted: 297 days and 10 hours ago.
Category: UK Employment Law
Value: £11
Status: CLOSED

Accepted Answer

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Expert:  Ben Jones replied 297 days and 10 hours ago.


Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know if you were allowed to use expenses in the circumstances?

Customer :
Customer :

yes i can claim petrol, lunch if working away from my office

Customer :

but i never took advantage of the expense system

Customer :

my manager always made me go to the bar and made me split the bill, i was too scared to question her

Ben Jones :

ok so the drinks that you claimed - were you allowed to claim these?

Customer :

well my manager requested me to do it

Customer :

i was allowed to claim it as my manager signed it off

Customer :

i believe this is theft from the company

Ben Jones :

But was it one of the allowed expenses under the expenses policy?

Customer :

never seen an expense policy of company

Customer :

do not think there is one

Ben Jones :

the issue here is whether you abused the process in doing what you did. You may have been forced to do it by your manager but if you knew that it was wrong at the time, then you would have been expected to do something about it,not necessarily directly with her, but at least bring it to the employer's attention. Whilst the manager will take the majority of the blame, there is a slight risk that you may be implicated in this too

Customer :

found the policy; entertaining staff is allowed; team meals, christmas parties lunches during internal meetings.

Customer :

but the problem here is i never had staff and she made me and others split the bill

Ben Jones :

Yes I understand but to do this for years whilst knowing it was against policy will also potentially create some liability on your part

Customer :

pk thank you for clarifying

Ben Jones :

My pleasure. Unless you need further help, I would be grateful if you could please quickly click to rate the service I have provided you with before leaving and choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to. Thank you

Customer :

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 98.2 %
Accepts: 7187
Answered: 6/26/2012

Experience: Expert in UK Employment Law

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Customer replied 293 days and 9 hours ago.

I have received my outcome and company accept my manger should behave the way she did, however, expect me to carry on working with her. They want me to be matrix managed. I am left with no option but to resign as my health has suffered as a result of my managers behaviour and company taking month and a half to conclude the appeal outcome. The company are focusing on perception of behaviour concerns that my manager has had and justified her shoutig at me after logging grievance.I feel the panel justifying my managers bullying and harrament is the final breach; can this be the case?

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Expert:  Ben Jones replied 292 days and 10 hours ago.

What is it that you want to know about this?

Customer replied 292 days and 10 hours ago.

After me raising concerns about managers behaviour them still wanting me to work with her; can i treat this as final straw to resign?

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Expert:  Ben Jones replied 292 days and 8 hours ago.

I'm just going offline tonight but I will pick this up tomorrow if thats OK?

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Expert:  Ben Jones replied 291 days and 19 hours ago.

Hi, it is difficult to say because there is no formal definition of what could amount to a final straw and it is mainly done to the individual to decide if this is the case or not. A final straw principle is highly subjective because only you know whether you can take any more or if you believe that this has tipped the situation over the edge. So consider everything that has happened so far and take the latest incident into context with that - if you believe this is now just too much, you may indeed argue that this is the last straw that forced you to resign

Customer replied 291 days and 11 hours ago.

If I resign can my employers say that I have been brought a claim against them.

 

Do they have to give my length of service at least? or can they just not reply?

 

 

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Expert:  Ben Jones replied 291 days and 10 hours ago.

Sorry can you please clarify your questions, I am not entirely sure what you mean there. Thanks

Customer replied 291 days and 10 hours ago.

i am bringing a constructive dissmissal due to manager bullying me. Can my company tell my new employer that i had constructive dismissal? or can they refuse to give length of service?

Accepted Answer

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Expert:  Ben Jones replied 291 days and 9 hours ago.

There is nothing stopping the employer from telling a future employer this. A reference needs to be factually accurate so if they say that you took them to tribunal for constructive dismissal when you did in fact do so, then that would be a factual statement which they are entitled to make. Also they cannot be forced to disclose your length of service so they can potentially refuse to discuss these details with the new employer. In fact they can simply refuse to provide a reference.

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 98.2 %
Accepts: 7187
Answered: 7/2/2012

Experience: Expert in UK Employment Law

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