Work Grievance

I would issue a data access request now. I would also ask yourself what are you looking for now. You seem to say that you want to move on. Are you hanging on for a payment?
 
Im absolutely hanging on for a payment. I willnissue a DAR today thats a good idea that I was putting on back burner.
 
I think sometimes you can come to a compromise agreement with your empmoyer in certain circumstances and you may agree to waive your employment rights for an agreed settlement sum. It can be a suitable option for both parties.

You would need to be confident that you have a claim in the first instance. I am not sure whether i have a claim or not. If i do and i hope that i do given all of the above previous posts then in that scenario i would be hoping to persue a settlement rather than just walk away from a good job and my career with that organisation.
 
In a completely different scenario, I issued a DAR (over a pension issue). By Gawd it got their (HR's ) attention and moved it along.
 
Watch your timelines.
By this I mean note the date of the commencement of your problems (,presumably date you were told you were going to be put on a pip?).
Hr will often drag things out so that the employee misses the statutory deadline- usually 6 months from date of the initial problem.
For wrc you need to lodge a complaint within 6 months of the date of the "problem"
Entering a HR grievance procedure doesn't stop the clock. A global company will know this.
What some people do is lodge a claim with wrc to maintain their position then withdraw it if satisfactorily resolved.
Be aware that wrc publish names of parties now- usually a week or two in advance of a hearing date.
You have to measure that bad publicity and getting a few grand versus being blacklisted for the rest of your career (it happens) even if successful.
 
If you choose to go constructive dismissal, I.e. you resign , you have 6 months from date of resignation to take a claim for constructive dismissal.
Such cases are very hard to prove. Generally you need to show that you exhausted all internal grievance procedures before you
 
I think it’s more likely that an employer would offer something to make a problem (i.e. you) go away. This would be without prejudice to any legitimate claim you might have.

If this is your favoured outcome, it requires a certain approach. If, on the other hand, you want “justice”, this requires a different approach.

Your ultimate question is whether you want to stay or go. The answer to this determines your next steps.

I haven’t read the entire thread in detail but it would seem that your approach is to respond to what the company is doing rather than being proactive and getting on the front foot.

People can offer their advice on what you should do but it would help if you were clear in the first instance as to your preferred outcome.
 
My preferred outcome at this stage is to leave but I would like to be somewhat compensated in light of everything that has gone on. Im sure that my employer would also be satisfied if I left, in fact I think this is what they want.

Up to now i have not been very proactive, iv followed up with HR but iv more or less let things move at their pace.

Should I now consider a morebproactive approach? What woukd this entail? Should I resign and lodge a claim? Im not even sure what that claim would be . I know I will need to discuss with a solicitor.

Regarding timelines, my thinking all along was that I need to exhaust internal grievance process and clock starts from time I resign. Is this correct? If it is then im ok re 6 month rule i think.

I dont s ee the point in persuing const dismissal as the claim is only for loss of earnings. As i hope to secure new empl very quickly after resigning, loss of earnings would be minimal.
 
If you resign, your employer will be thrilled. Resign only if you want to put the whole issue behind you.

If you feel you’ve been wronged, that you want to leave but only if you get a payoff, then you have to make a nuisance of yourself and this requires a plan.

Make life difficult for the “aggressors”. Follow up in writing on your grievance procedure every week or two weeks, submit numerous data protection requests on different issues (e.g. for what records exist relating to the decision to produce a PIP, records relating to your sick leave, etc). You won’t be popular, even among your co-workers, and it will require patience, single-mindedness and tenacity. It’s a route only for the very strong willed.

Also, see an employment law specialist. Your HR section will be very experienced in dealing with cases like yours and will have you for breakfast. You need professional help which should go beyond the casual utterances of people on this website, myself included.
 
Thanks for the advice. I will speak to a solicitor this week and try to proactively move this whole fiasco forward. It makes no sense that theyve not concluded by now on the grievance and they dont provide me with any update etc.
 
ArthurMcB said:
Thanks for the advice. I will speak to a solicitor this week and try to proactively move this whole fiasco forward. It makes no sense that theyve not concluded by now on the grievance and they dont provide me with any update etc.
Click to expand...
Any update here? Did you chat to solicitor?
 
Got my grievance outcome letter. My grievance wasnt upheld. Its disappointing but not surprising.

The outcome letter explained why they werent upholding my various grievance points. Most of it is reasonable and what I expected tbh. Some of my points were hard to prove. Theyve kind of exaggerated and almost made up a few things that theyve included.

I will probably appeal but dont really see the point.

I plan to return to work soon and put this all behind me.

I issued a DAR and they responded but nothing noteworthy came of it.

I didnt speak to a solic as i wanted to wait for the outcome and at this stage I dont see the point or what it will achieve.

Thanks all for the responses.
 
1. Bottom Line:- You have been the aggrieved person.
2. You fought your corner and perhaps lost?
3. You made your point(s) and likely won't lie down easily.
4. Management have treated you pretty badly, but likely won't do so again knowing you can kick and bite (euphemism).
5. It is likely you'll get a lot of respect from your stance.
 
Well summed up Leo.

I didnt do this though to make a point or show that im stubborn or wont lie down etc. I did it because, as you said, i was genuinely aggrieved.
Employed has not appeased me or accepted my grievance. No surprise.

I feel like iv moved on thankfully and its all a good learning curve.

My team and work environment is going to be toxic moving forward and in just going to have to rise above that.

End of the day im happy with everyrhing I raised and the way in which I raised it and thats good enough regardless of the outcome.
 

Please don't confuse me with Leo. I'm Leper, the one who gave thanks!!!!! - I'm not Leo the Lion!
 
Here is an update.

I appealed grievance outcome from last year. Appeal is still ongoing. I returned to work a few months ago and just got my head down and got on with it.

I have secured a new job starting in couple of months but have not yet handed in notice. Will do so in coming weeks in accordance with contractual notice period.

Should i hand in notice and cite constructive dismissal on basis that grievance appeal has still not been dealt with it(They have progressed it though). A final straw type situation.

I may have accepted any wrongdoing by my employer just by continuing to work there. Although, i would argue that i have been waiting for grievance to conclude. Its frustrating that its still ongoing.

I know that constructive dismissal claim is limited to loss of earnings which would be essentially zero as id be starting elsewhere almost immediately after finishing. However, im aware that there is a token payment, in this scenario, of 4 weeks wages so thats worth pursuing.

Any advice, comments, suggestions would be very welcome. Thanks.
 
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