Work Grievance

DeeKie

Registered User
Messages
744
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?
 

ArthurMcB

Registered User
Messages
128
Im absolutely hanging on for a payment. I willnissue a DAR today thats a good idea that I was putting on back burner.
 

ArthurMcB

Registered User
Messages
128
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.
 

horusd

Registered User
Messages
1,819
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.
 

Bolter

Registered User
Messages
127
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.
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.
 

Bolter

Registered User
Messages
127
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
 

Salvadore

Registered User
Messages
69
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.
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.
 

ArthurMcB

Registered User
Messages
128
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.
 

Salvadore

Registered User
Messages
69
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
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.
 

ArthurMcB

Registered User
Messages
128
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.
 
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