Hearing at work coming up advise needed!

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Hearing at work coming up advise needed!

Postby emma83 » Sat Jan 17, 2015 10:50 am

Hey all,
I am under investigation at work for gross misconduct my hearing is on 26th. The reasons for this are 4 things 2 of which Iam guilty of the other 2 are fabrications for my collegues (telling tales about me to the boss) while I have admitted to the 2 I did wrong it was a mistake on a referral- however do I have a case for work place bullying as the reasons im making mistakes is because im so unhappy and stressed as I feel constantly being watched and unable to trust my team. This of course is affects me a lot worse due to my fibromyalgia. Is it worth calling unison (I am a member) or using the disability act as I have felt victimised over last couple of months my mental health due to my fibromyalgia has affected my work? Does anyone have any good links or supporting documents I could use to help my case?
I would be very grateful
Many thanks
Emma xxx
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Re: Hearing at work coming up advise needed!

Postby Beccie42 » Sat Jan 17, 2015 11:30 am

I def think you need to call Unison. I would also make myself fully aware of any workplace policies which cover this, such as disciplinary policy, bullying in workplace, etc. You could alsk call acas for support. Make sure you have declaired you have a disability with work. Have you kept a record of any bullying? If not start to do so. Try and get some witnesses or copies of any emails etc. Good luck with it all. Let us know how you get on.
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Re: Hearing at work coming up advise needed!

Postby denys » Sat Jan 17, 2015 5:33 pm

Contact your union and get them to help you
Denys

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Re: Hearing at work coming up advise needed!

Postby charlotteerika » Sat Jan 17, 2015 7:47 pm

I am in the same position as you.

I was bullied at work by a work colleague in 2012-2013 in which the stress of the bullying caused my Fibro to flare up. Management did nothing for me to address the bullying and said it was all in my head! I requested my P45 on the case of constructive dismissal this last October 2014 as they did nothing to accommodate me at work. But if you are thinking of doing this make sure you 'play their game' as if you do not they will state that you have not co-operated with them. For instance my employer asked me to go to the company doctor for a medical report. I jumped at the chance to finally be able to put my point across when they were all 'brushing my claims under the carpet'. I know that most people would panic at the thought of going to the company doctor as you would assume that this is the perfect way the company can dismiss you for being 'unfit for work'. But with the EU Equality Discrimination Legislation this cannot happen. The employer has to show that they have 'accommodated you within a reasonable manner' and if they do not they are in the wrong! Well the company doctor sided with me and told the company that if they do not address my claims of bullying and accommodate me in my request to be moved to a different workstation in a different office away from my bully I am not able to return to work. This medical report was never addressed hence Constructive Dismissal claim.

Also with constructive dismissal it is the employee who has to give the evidence so please make sure you have enough to stand by your claim. I would advice an employment law specialist solicitor as they will be able to state whether you have enough for a claim.
Make sure you get all the evidence you can, emails etc. Now with mobile tech you could even get a recording. Keep all documents and if you have meetings with management make sure you take note of everything they say and document it by writing it all down afterwards. As mentioned you need someone there and I would not have another employee in there, you need someone independent like a solicitor. This is because it is very easy for that employee to be 'bullied' by management into submission. All my colleagues deserted me probably because they were too gutless to back me up. They knew me, I had worked for the company 10 years and had never had a bad word to say against anyone and I always kept myself to myself so never got into office politics but I was still left for dead!

I have taken it to the Equality Tribunal in Ireland (where I worked) and the case will be heard this March, 2 years after I filed the claim due to awful admin backlog. Times have been hard, sometimes I wondered whether I would get through it but I have found that I am a much stronger person and I want to fight for this justice. What keeps me going is great family and friends and a belief that what I am telling is the true and the truth will always prevail and also what is keeping me going is for all the other people who are in the same position as me and as I think workplace bullying is considered a taboo.

I do not want to scare you or stress you out but this is the real story to it all, it can be tough but you can get through it. Good Luck and I hope this info helped :) x
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