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Employment Law Question


Phage

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Throwing this out to any JKB'ers that might have a more informed opinion than a stranger I met.

 

So the story goes, I was working at a large company in Scotland that gets a fair bit of public cash. I foolishly took a job closer to where I lived. And ended up in a miserable office with a bully running amok.

 

Anyway I reported bullying to my manager and was withdrawn from the position pending redeployment. This is where the bad management happens.

 

So important info would be I didn't have full employment rights at the time. Despite a few years as a contractor my permanent position time was about 7 months (past my 6 months probation). Also I was paid off around 10/11 months ago.

 

1. I secretly recorded a meeting with my manager and informed him the bully carried a knife to work and whilst constant bullying/harassment was ongoing. He'd sit and sharpen it. I have a picture of the flick blade style knife and partially of him somewhere. Anyway this was never dealt with or investigated to my knowledge.

 

2. At a meeting with HR to get back into a different department. I said I would take anything anywhere. And that the bullying made me so depressed I asked the doctor for anti depressants, which he never gave me. Clearly said never gave me the meds on the secret recording. Anyway got a copy of the minutes which said I was taking anti depressants.

 

3. I was job share and literally forced to take the position full time when my job share partner was forced out the door (bit like me with the same bullying accusations). I was told if you dont turn up for my shift on the full time rota, disciplinary measures will be taken.

 

4. Not only was I bullied but management was constantly on my back with many many more examples. 

 

Anyway throughout the saga the manager lied and instead of caring for me as an employee. I was getting questioned and quizzed why I got a sick note (the first of my life) and never turned up later that day. Throughout all my recordings I'm getting questioned and the heat is on me... not the fact the tiny 4 walled hall hole office had Al Capone strutting about being a notorious bully. 

 

The new manager was scared to take him on as he was pretty powerful within the company despite our lowly status.

 

Anyway the stranger says I should turn over all my letters, minutes and recordings to an employment lawyer to have them take the case. 

 

So I guess the question is... from the rough overview does it sound like I might have a case or would an employment lawyer be a waste of time?

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I’m not an employment lawyer but manage a team of 20+ and get regular training on employment law. I’d go and see that employment lawyer; sounds to me like you’ve got a strong case. 

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Aye maybe I never said I was recording. Just put my phone down on record next to my notepad. Was fed up arguing over the selective memory on my manager's behalf. Turns out when we discussed issues in the next recording, he was denying we had or just made up things I said. Either had a terrible memory or was gaslighting me big style.

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43 minutes ago, Swanny17 said:

Would imagine the recordings will be inadmissible unless you advised the others they were being recorded? ?

This is correct, however in the world we live the press and social media could perhaps aid the case. 

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1 hour ago, Renault said:

This is correct, however in the world we live the press and social media could perhaps aid the case. 

 

 

I read that you can use secret recordings along as the other party get to hear them first.

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An initial chat with a lawyer - even to tell them over the 'phone what you've outlined here - would be the best way to go and shouldn't cost you anything. Citizens Advice may also be able to give advice as to the best way to proceed.

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Seymour M Hersh
7 hours ago, Renault said:

This is correct, however in the world we live the press and social media could perhaps aid the case. 

 

I would stay off social media completely and leave out the press unless you are completely shafted by the organisation and your lawyer suggests it. Also see if there is a union out there that might take up your case. 

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14 hours ago, Phage said:

 

So I guess the question is... from the rough overview does it sound like I might have a case or would an employment lawyer be a waste of time?

 

I've read the post a couple of times and I'm still unclear what you are looking to achieve, and the time-line.

 

Does this all relate to things that happened (at least) 10/11 months ago? 

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I've been out of the country for years but if I remember right, in your first two years of employment with a company you pretty much have no rights and can be sacked for no reason.

 

The rest of it sounds like it would be your word against someone else's, except for the recordings which you can't use as they were obtained without permission. 

 

Sounds like it was pretty shite but you'd be best moving on and getting over it IMO

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20 minutes ago, Smithee said:

I've been out of the country for years but if I remember right, in your first two years of employment with a company you pretty much have no rights and can be sacked for no reason.

 

The rest of it sounds like it would be your word against someone else's, except for the recordings which you can't use as they were obtained without permission. 

 

Sounds like it was pretty shite but you'd be best moving on and getting over it IMO

 

 

I'd agree with this. It's rubbish and you rightly feel you've been wronged and want it put right but it may just cause you more hassle and stress than it's worth. Invest your time and energy in getting something else in a place you like with a manager who values you. 

 

However, absolutely speak to the employment lawyer first and follow their guidance.

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It used to be that you had to be fully employed for 12 months before you could take an employer to a Tribunal, if I'm remembering correctly. I know that the employer could dismiss someone within the 12 months without going through the whole first warning, second & final written warnings etc. Saying that its been a few years, about 7 since i needed to be at that side of the fence. Anyway no harm to ask Citizen advice first as they are free or go to a Solicitor who will confirm it.

 

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