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I was informed in July 2010, that allegations were made against…

I was informed in July...
I was informed in July 2010, that allegations were made against me in my place of work since 2009, and that these allegations are held on my record in HR, allegations that have never brought to my attention and that I was never given the opportunity to refute.

I believe that these unfounded allegations were used against me in a prejudicial manner by my previous managers to hinder my progress in the department and are being perpetuated by my current managers.

I am planning to request full disclosure of my record from HR.
If I find any evidence of thee allegations, do I have a case against my employer and what would it be?
Kind Regards
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Answered in 2 minutes by:
10/5/2010
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,428
Experience: 10 Years of experience in Employment Law and HR
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How long have you worked there for and what do you believe the allegations concern? Can you ellaborate on how you believe they have 'hindered your progress'?
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Customer reply replied 7 years ago

I am a learning support member of staff in a Sixth Form college.

I have worked for the college since 2007.

 

I have had new mangers since April 2010. When the new managers took over I requested various professional development courses which were agreed, as they were in line with both departmental and college policies and strategic direction. These agreements have all since been rescinded, with various reasons given as to why I could not pursue any of the courses. I have been forced to pursue my own course using my own time, leave and finances.

 

I requested a change from 30 hours per week part time to full time hours. Both my line manager and the head of department agreed this. The agreement was that when the temporary full time member of staff left in July 2010 (the end of the academic year), I would be given her full time hours.

 

I raised the subject again in late June with the head of department and to my surprise she said I could not have the full time hours. She gave me a range of reasons why this was not possible, including that it was a temporary position; I could be made redundant in December 2010 if I took those hours; and it would change my contract and affect all my benefits. I spoke with HR concerning this who were very surprised, and told me that the hours were permanent, full time and was available to me, and also that the position was already advertised in the South London Press. HR said they would speak to the manager about it.

 

In July 2010 I received an email mistakenly, which was written about me by the head of our department to my line manager and HR. It was to do with time owing to me from the college that my previous managers and HR had full knowledge of. This information was communicated to my current managers in March 2010.

The content of the email was very damaging to me because it was a misrepresentation of my character and my integrity. In this letter, I was painted as being dishonest and untrustworthy. I called a meeting between my line manager, the head of our department and myself to query the email. I requested HR to be there as well, but they did not attend.

 

During this conversation, I was told by both of them that allegations were made against me previously and that these allegations were still on my record in HR. One of my managers told me that she knew about the allegations since 2009, while she was still a teacher and before she was promoted to my current line manager. This information was not given to me in an official capacity in this meeting to bring the allegations to my attention - it was given to me by the head of department to try and justify the underhanded and defamatory comments in the email, and my line manager actually tried to stop my manager from telling me, and when she would not stop, asked her (the head of department) to leave the room so that ‘she could tell me'.

 

My line manager said the allegations were from other teachers, but would not specify who or what these were; she did say lack of activity in the class room. She gave no information as to which subject area the allegations came from. This was very contradictory because we had recently had our external inspection and our department was highlighted. My work as the LSA reviewed was commended in the report.

 

Having been refused the full time hours, I subsequently asked for my part time hours to be reduced from 5 days to 4 days, as my colleague had done earlier in the year with no problem or official process - her agreement was discussed, agreed and organised by the line manager.

 

I have subsequently endured two months of every excuse, contradictory reasons, red tape and prevarication under the sun, including that, to work four days I would need to reduce my hours from 30 to 28, fill out a long and complex form, which contradicted the DirectGov advice on flexible working hours, and sign a new contract. I have raised the issue of the form with HR, who have not given an explanation as to why the information was contradictory.

In September, this culminated with my being worn down so much that I agreed to the 28 hours, only to be told that this must be over five days. This final straw has resulted in me being off sick with stress.

 

I believe I have a strong case against my head of department and line manager specifically, and also the college, as HR failed to provide any help or assistance. I believe I have been unfairly dealt with, victimised and, in the matter of continued undisclosed allegations, subjected to improper procedures that have adversely affected my career.

Ok it is not possible to say at this stage whether you have a case against your employer, it is clear that you feel that you are being treated badly as a result of these allegations and that it is causing you stress.

 

The first step you MUST take is to raise a formal grievance outlining all of your complaints to your employer stating that you believe that their actions amount to a 'breach of trust and confidence'. Your employer then has a duty to investigate and report back and make recommendations if necessary regarding each of the issues you raise.

 

Ultimately if you do not receive a satisfactory response to your grievance and feel as though their actions have caused you not to be able to continue working there then you would have a claim of unfair constructive dismissal (that the employers actions are such as to entitle to you treat your contract as unfairly terminated by them).

 

It is ultimately up to the tribunal to decide whether the employers actions are such as to entitle you to resign and bring a claim but it is necessary for you to exhaust all internal processes first.

 

I would be grateful if you would press ACCEPT if you have found my answer useful. I will then leave the question open to answer your follow on questions for free.

Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,428
Experience: 10 Years of experience in Employment Law and HR
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