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A temporary Director was employed to cover maternity leave…

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A temporary Director was employed...
A temporary Director was employed to cover maternity leave for one year. She took out nine allegations against me, which led to three panel hearings (with MC members). The outcome led to eight allegation dismissed due to lack of evidence & unfounded.

I have taken out a grievance against the temp Director and appeal for the one allegation the MC is trying to uphold, as none of my evidence was looked at or considered. (I have evidence of everything)

The temp Director leaves Friday 18/06/10 and no appeal date has been set.
Can she leave and get away with this?
My credibility as a manager has been destroyed and my health has suffered due to this.
Who becomes accountable? this is my question as I fear I have gone through all this and been left with no clarity, recompense or even apology.
Submitted: 8 years ago.Category: UK Law
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6/18/2010
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,163
Experience: Qualified Solicitor
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Hi

 

How has your employer handled this situation - have they helped or have they ignored your version of events?

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Customer reply replied 8 years ago

Hi

 

My employers colluded with the allegations as they are made up of a panel of Management Committee members who took the word of the temp director, as she is the only one in direct contact with them. Added to this they were the ones who sat on the 'disciplinery hearings' and did not look at my evidence, even though the director had no evidence at all. The allegations were all based on her opinion and the union rep states that they have been negligent towards me and bias towards the director. I had no problems with the organisation before this.

 

My worry is that no date has been set for the appeal date. I have taken out a grievance against her and she leaves today. Part of the grievance involves the MC as some of my evidence includes them and they have not been impartial.

 

I was signed off for six weeks due to work related stress due to the severity of the allegations. No support was offered and no effort made to find out what or why this was happening by my employers.

 

The allegations have since been dismissed and I am expected to carry on as if nothing has happened. The whole experience has and is de-humanising and I do not know my rights or legal standing where all this is concerned.

 

Thank you. I hope you can help and I look forward to hearing from you.

 

 

 

 

 

 

Solicitor: Ben Jones, UK Lawyer replied 8 years ago

Thanks. This is a difficult one because no action has been taken against you. Admittedly you had allegations made against you that were investigated, but no officials sanctions have been made. You won't be able to take any action against the director so you can forget about that and the only action would be against your employer. Even then, your angle of approach would be difficult, but certainly not impossible. You would essentially have to claim that the way in which they have handled the whole situation was unprofessional and has severely damaged the implied contractual term of mutual trust and confidence. Such a breach is usually a sufficient reason for an employee to resign without notice and claim constructive dismissal in an employment tribunal. You would basically be saying that your employer's breach was so serious that you had no other option but to resign. It is a last resort move though and should really only be used if you feel you left with no other option. Also, you should not delay your resignation as if you do then

 

Unfortunately there is no action you can take whilst you are still employed there, apart from raising a further grievance. The only option is a claim for discrimination but that does not appear to apply in your case.

 

So you need to seriously consider whether your employer had committed a fundamental breach of your contract and you were left with no option but to resign as a result.

 

Please press the ACCEPT button to proceed. You would then be free to ask any follow-up questions you may have. Thank you.

Ben Jones
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Customer reply replied 8 years ago

Thanks

 

I am so confused, as I originally wanted to go for constructive dismissal. but was encouraged by the union to stay at work and I still need to earn a living.

 

A settlement figure was proposed by the union but my employers have ignored this.

There is clear evidence that they have acted unprofessionaly and breached contract as you state.

 

As the temp director lost the Tendering bid, the organisation is due to close March 2011 and my contract is due to end Sept 10, I feel the organisation has 'got me over a barrel' and I don't know which way to turn.

 

I haven't done anything wrong and it seems they will get away with this mistreatment due to circumstances. No one will be held accountable, yet I have been victimised, harrassed and effectively bullied within the work place.

 

 

Customer reply replied 8 years ago
As above?
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