Redress / constructive dismissal after grievance?

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messyleo

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The new year has prompted me to examine my career and current employment situations and I would value any advice.

I moved to a new role (financial services) six years ago and a year or so into the job, a terrible experience started with a colleague (let's call her Tracey). We were working as colleagues on the same team and her behaviour was frankly toxic towards me - jealously most likely - as Tracey also had a lot of performance issues. I had to deal with a lot of passive aggression and name calling and that kind of thing, and raised it with our mutual line manager who stepped in and had a chat with Tracey. He also changed our project leads around on the team so we worked less together, though still on the same team. Fast forward a few years, and Tracey made a formal grievance against me to say I had been both bullying and harassing her, as she was a woman.

I was dumbfounded frankly, and had to go through a very difficult ordeal including an investigation with HR that lasted months. Almost a year ago now, the grievance got completely thrown out and it was found that Tracey made everything up. That was that, and the end of it. Since then I have had to continue working alongside (thankfully not all that closely) with Tracey and there seems to have been no action taken against her and everything is carrying on "business as usual" from the company's perspective.

I am finding this increasingly irritating and unfair frankly, and am understandably concerned the same situation may happen again. Is there anything I can do here? I don't think I can continue working in this situation as it's very difficult to accept there is no consequence for the other party given the outcome, but I don't want to leave if I can pursue other avenues/redress. Could I potentially claim for constructive dismissal if I leave as Tracey wasn't disciplined in an appropriate way, leading to what I believe is an unsatisfactory resolution of the grievance? Frankly, it irks me to see Tracey's career continuing on as if nothing happened, while I am still not feeling 100% after everything that has happened over the past 5 years.
 
messyleo said:
it was found that Tracey made everything up
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messyleo said:
it's very difficult to accept there is no consequence for the other party given the outcome,
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1) How do you know that there was no consequence? If they initiated a disciplinary process, would you know?

2) I assume that you did not lodge a complaint against her at the time. If she had lied about you and they found this, then it seems a reasonable basis for a complaint.

Brendan
 
Constructive dismissal is a big step.

As Brendan said you don't know if she was sanctioned or not.

Can you move to another team?
 
Sue Ellen said:
I've seen people mention many times on AAM over the years that they regretted having taken a constructive dismissal case. According to them it is a very stressful process to go through.
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Yes. Bullying cases the same. No one really wins. Fairness isn't part of the process.

If I was the OP I'd look to move to a new team or new employer.
 
messyleo said:
Almost a year ago now, the grievance got completely thrown out and it was found that Tracey made everything up.
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Has that conclusion been expressed officially or is that just “the word on the street”.

If it’s the former, you could reasonably ask HR whether they’ve taken any action on foot of that conclusion. (You’re not necessarily entitled to know the specifics).

If it’s been found that an individual submitted a complaint against another party that they knew to be false, this to me would seem like an act of gross misconduct, to a level that would warrant disciplinary action up to and including dismissal.

A failure on the part of the company to consider any such action could also be regarded as being contrary to their duty of care towards you.

If HR now accept that the original accusation was spurious, you could also ask for assurances that any records, insofar as they relate to you personally, be destroyed.

You could also make a complaint to HR about Tracey.

It goes beyond employment law but it strikes me that you could also potentially take a private action against Tracey on the basis that she deliberately sought, without justification, to undermine your reputation and standing within the company whilst also causing you distress and anxiety over a prolonged period of time. This isn’t my area though so perhaps others could advise.
messyleo said:
Could I potentially claim for constructive dismissal if I leave as Tracey wasn't disciplined in an appropriate way, leading to what I believe is an unsatisfactory resolution of the grievance? Frankly, it irks me to see Tracey's career continuing on as if nothing happened, while I am still not feeling 100% after everything that has happened over the past 5 years.
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A claim of constructive dismissal is different in that the burden of proof rests with the employee. In other words, you have to show that your employer left you with no other option but to resign. To show that, you would at least need to have exhausted all available avenues for resolving the matter in-house. Being “irked”, regardless of the justification, is not a sound basis for a claim of constructive dismissal.
 
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Hi @messyleo , I agree with some of the post above, be confident of the official outcome of the investigation and have hard evidence to hand before proceeding with any actions.

I'd even go a little further and suggest trying to either request and move so you are totally isolated from this individual in future or alternatively seek new employment. As I understand the current market, there are plenty of options out there. Pursuing a case either through HR or a legal route will just take up your mental bandwidth and potentially finances as well.

Someone on here before said something very sensible, which was that lawsuits and legal cases don’t put food on the table. It’s so true. I’d advise you to try to get over this or to move on to a new employer.
All the best in 2023.
 
Thanks everyone - food for thought

The outcome was not just "word on the street" but a formal written report and formal outcome issued after a very stressful investigation that lasted months (it was issued to both parties, HR and I assume management). I was completely cleared and Tracey was found to have made a false complaint in bad faith. Brendan you are correct that I don't know the disciplinary action that has been taken, but that we are still working on the same team seems highly insufficient to me if any action as taken.

Tracey should have to move team, not me, as I have not done anything wrong. If I get moved it will also look like I am the guilty party to other colleagues (some of whom have been involved as witnesses but don't know the outcome of the grievance so no doubt make up their own opinion of what the outcome might have been). If I am a moved it will likely fuel the rumour mill even more with these colleagues, damaging my reputation and causing even more damage for me. I believe that HR need to move Tracey, and not me, and want to get my ducks in a row before I approach them. Given that they haven't moved her already though, I need to prepare for the possibility they may say no, and I am not sure where that leaves me. From the advice above, it seems nowhere really, except leave the company and move somewhere else completely.

I agree with the advice here that I need to put myself first at this stage, and let things go, and there is no "winner" in any of this. There is also a "sunk cost" element here that I have gone through all the hard part of the grievance and investigation, and come out the other side, so to leave now is giving up on a job I enjoy, and letting Tracey win.
 
messyleo said:
There is also a "sunk cost" element here that I have gone through all the hard part of the grievance and investigation, and come out the other side, so to leave now is giving up on a job I enjoy, and letting Tracey win.
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Just move on with your life and let everyone else get on with theirs.

There are other jobs within the same organisation most likely and for sure in the outside world.
 
Yes you are probably right - it is likely time to accept the inevitable and dust off my CV for 2023 before a recession and job cuts start.
If anyone is hiring in financial services / fintech let me know ;)
 
Hi Messyleo, a few comments
- Have you asked your manager and HR for Tracey to be moved to a different department.
Reflecting on the outcome, where I was 100% an innocent party, I find it untenable to be on the same team as Tracey. The feelings have not diminished over time but have made my working life extremely difficult. I do not know what sanctions were taken against Tracey but I do not want to be in the same department as her on a daily basis and request that she be moved immediately. I enjoy my job and department and as I was 100% vindicated I do not feel it would be right for me to move when I was proven to have done nothing wrong.
And then see what happens, - sometimes it is as simple as asking.

- And are you constrained by a privacy agreement with regards to the formal outcomes and formal report? If not, feel free to copy all your colleagues who were called on to give evidence. Why should they think badly of you. Or if you don’t want to share the report - feel free to tell them.

I know you gave evidence in the grievance that Tracey took against me. I wanted to let you know the final outcome cleared me 100%, and Tracey was found to have made a false complaint in bad faith.

Just because all the investigations were done in private, it should not mean that the outcome remains private, unless you all agreed up front.

- Have you discussed this with you head of department? They are the decision makers, you might get a sympathetic ear there.

You have given it a year, it seems very unfair the current setup. Asking for it to change or being open with your colleagues, managers and HR can do little harm if your next step is to consider leaving.
 
You could tackle this as a Health and Safety issue.
Your employer is duty bound to provide you with a safe workplace that is free from undue stress. You could state that you are suffering undue stress in your workplace as a result of having this person in close proximity.
 
Clamball, asking for her to be moved was what I was hoping but I thought there may be a reason they haven't done it before now so wanted to have my ducks in a row on it. You have given great advice there and asking like you put it can't do any harm, especially as I am resigned to leaving anyway if nothing is done.

Unfortunately there is a full privacy agreement so the outcome can't be disclosed in any way. I find this unfair but might feel differently if I had been found culpable I suppose. The reality is you never get to clear your name from the water cooler gossip.
 
As Salvadore says above, you could take legal action against Tracey.

Go to a solicitor and ask them to sue her for libel, (if she put her claim in writing, it's libel), ask for an amount large enough to go to the High Court.

Once the summons is issued you will get a court date a few years in the future, now here is the bit of advice you can only get anonymously, then do nothing. Don't try to move things on, just let Tracey worry about it for a few years.

Or just move on with your life.
 
messyleo said:
The reality is you never get to clear your name from the water cooler gossip.
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But at the end of the day do you really need to clear your name from the water cooler gossip. Easier said than done but you are better off not letting that aspect of things get to you. The important thing to remember here is that you were found to not be at fault and you can be sure that your colleagues will know this.

If it were me I would be of the opinion that leaving is giving in to Tracey and unless it totally suited me I would stay put.
 
messyleo said:
The outcome was not just "word on the street" but a formal written report and formal outcome issued after a very stressful investigation that lasted months (it was issued to both parties, HR and I assume management). I was completely cleared and Tracey was found to have made a false complaint in bad faith. Brendan you are correct that I don't know the disciplinary action that has been taken, but that we are still working on the same team seems highly insufficient to me if any action as taken.
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If the report has established that Tracey made a spurious claim against you, it would be perfectly reasonable of you to tell HR that you’re no longer willing to work with her and that she should therefore be removed from her current position.

If your first request doesn’t work, you could invoke the grievance procedure and see where that leaves you.
 
Salvadore said:
If the report has established that Tracey made a spurious claim against you, it would be perfectly reasonable of you to tell HR that you’re no longer willing to work with her and that she should therefore be removed from her current position.

If your first request doesn’t work, you could invoke the grievance procedure and see where that leaves you.
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+1
 
Salvadore said:
If the report has established that Tracey made a spurious claim against you, it would be perfectly reasonable of you to tell HR that you’re no longer willing to work with her and that she should therefore be removed from her current position.

If your first request doesn’t work, you could invoke the grievance procedure and see where that leaves you.
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Thanks Salvadore - I will try and play hardball here. Good to know the consensus here is that it is a reasonable request and I am not making an unreasonable demand.

Salvadore said:
That’s the outcome of her complaint. Now time for one of your own against her.
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In theory this would be a good plan, but after having gone through one process already it would take too much bandwidth and stress to do it again. It's a bigger ordeal that I could ever have imagined. Realistically I will have to let that go and write it down to experience.
 
Folks

Thanks for the advice here. Took the bull by the horns and went to talk to HR and explain the stress I am still under and asked for Tracey to be moved as it's not tenable for things to continue with the current state of play.

They said they would consider it and be back on it (were a big cagey as to be expected) but could see it was a fair suggestion and seemed open to it. Might be a case of if you don't ask you don't get, so I am glad I asked and the advice here helped me make the case in the right way.

Hopefully it will be onwards and upwards now!

leo
 
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