it was found that Tracey made everything up
it's very difficult to accept there is no consequence for the other party given the outcome,
Constructive dismissal is a big step.
Yes. Bullying cases the same. No one really wins. Fairness isn't part of the process.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.
Has that conclusion been expressed officially or is that just “the word on the street”.Almost a year ago now, the grievance got completely thrown out and it was found that Tracey made everything up.
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.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.
Just move on with your life and let everyone else get on with theirs.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.
The reality is you never get to clear your name from the water cooler gossip.
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.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.
That’s the outcome of her complaint. Now time for one of your own against her.Unfortunately there is a full privacy agreement so the outcome can't be disclosed in any way.
+1If 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.
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.
That’s the outcome of her complaint. Now time for one of your own against her.
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