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What options do I have if I have been a victim of gross misconduct and insult by a manager?
I work in local government. A colleague, whom I normally have acceptable relations with, persistently interrupted me. As he has only nine months left at work before retirement and has suffered from work related stress, I did not want to confront him directly. I asked to move into a quieter desk area after another colleague left. The follow-on from this was very disjointed and complicated by my having reflux, worsened by stress. Two managers were involved: Manager (G) who is not my manager, verbally attacked me and called me a liar in front of two witnesses on Tuesday. He did not know any of the facts. As I have been unwell and my daughter has recovered from a life-threatening illness, I initially sought welfare advice and opted to tell my line manager - manager (R). She insisted she reprimand the manager (G) to ensure no re-occurrence. Manager (G) has since apologised by email, in which he still blamed me, although he didn't know the facts in any way. The senior manager for both these managers is on leave until Monday, as his manager. I now feel differently, as his behaviour was dreadful - gross misconduct. What steps can I take to pursue this after a two day lapse,within the council and civilly? I am a trade union member. I am not happy to meet with managers, as a previous case of bullying, took over twelve months to resolve and took a great toll on me.
As a trade union member in situations such as this your first port of call should be your Union.
You appear to have already complained about this manager, who seems to have been asked to apologise. If you haven't raised an official grievance with your employer you should do this. You should point out those managers who have dealt with the matter previously who you do not wish to hear the grievance and explain why. If you have already raised an official grievance and are unhappy with the outcome you should appeal the decision.
If the outcome that you seek is for this manager to be dismissed you should tread carefully, as you may alienate your colleagues if they think you are trying to get another member of staff the sack.
After you have raised a grievance and appealed it should you still remain unsatisfied, I am afraid that all that you can do is resign and claim damages for constructive unfair dismissal against your employer in the Employment Tribunal. To succeed with such a claim you will have to satisfy the Tribunal that your employer's actions were a breach of their implied duty of trust and confidence to you, sufficient to bring the employment contract to an end. You should seek detailed legal advice from us before you take such a step.
If your manager's actions and your treatment are affecting your health you should advise you employer in writing. It is difficult to successfully bring a personal injury claim for work related stress. If you ever do so documentary evidence that your employer was aware of the effect that your treatment was having to your health would be very helpful.
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