Employment law help please
Discussion
Evening all - thanks for reading.
My wife started at a small pharma start up about 6 mths ago. She was interviewed four separate times and signed up for a certain job specification. She had a long notice period (3mths) and when she finally started at this new place, the whole company structure had changed. Only one of the old senior staff was still there and they had employed a contractor (fancy titled consultant) to cover the 3 mths they waited for my wife.
When she started, she reported into the contractor who we quickly worked out was micro managing her and criticising her work at every opportunity. He would often make her look stupid in large teleconferences, which really made her depressed. He would often gloat on 1:1 calls with her that he was best mates with the CEO and how the CEO and him talked about golf etc. He would tell my wife that, he was the only reason that she was keeping her job as he protected her in senior meetings.
My wife flagged up issues on week 1 that the new job she was asked to conduct was not the job she signed up for. Nothing has been done about this to date. She also flagged up the difficult relationship with forementioned contractor on week 4 and nothing was done.
Fast forward 6mths and i have been watching her gradual decline, leaving her with no motivation nor confidence. We decided that enough was enough and logged a formal complaint with HR. During the meeting they seemed to understand the situation and agreed that the contractor had been bullying since day 1. They quickly dismissed him and told my wife that he did not meet the company values and was not welcome. Unfortunately they did happen to mention that it was my wife that whistle blew, but they thanked her for raising this. That was Friday. Today a new formal announcement comes via e-mail. The contractor has been appointed a senior post in the team as a permie ! WTF? It seems that being a bully, but best mates with the CEO gets you far! The issue is that he will be working daily with my wife.
Understandably she is distraught. As far as i can see, we have two options - leave or try and ride it out. If we leave, can a compromise agreement be struck seeing as it was not the fault of my wife and we have quite a few instances where the company and HR let her down?
Any help appreciated.
My wife started at a small pharma start up about 6 mths ago. She was interviewed four separate times and signed up for a certain job specification. She had a long notice period (3mths) and when she finally started at this new place, the whole company structure had changed. Only one of the old senior staff was still there and they had employed a contractor (fancy titled consultant) to cover the 3 mths they waited for my wife.
When she started, she reported into the contractor who we quickly worked out was micro managing her and criticising her work at every opportunity. He would often make her look stupid in large teleconferences, which really made her depressed. He would often gloat on 1:1 calls with her that he was best mates with the CEO and how the CEO and him talked about golf etc. He would tell my wife that, he was the only reason that she was keeping her job as he protected her in senior meetings.
My wife flagged up issues on week 1 that the new job she was asked to conduct was not the job she signed up for. Nothing has been done about this to date. She also flagged up the difficult relationship with forementioned contractor on week 4 and nothing was done.
Fast forward 6mths and i have been watching her gradual decline, leaving her with no motivation nor confidence. We decided that enough was enough and logged a formal complaint with HR. During the meeting they seemed to understand the situation and agreed that the contractor had been bullying since day 1. They quickly dismissed him and told my wife that he did not meet the company values and was not welcome. Unfortunately they did happen to mention that it was my wife that whistle blew, but they thanked her for raising this. That was Friday. Today a new formal announcement comes via e-mail. The contractor has been appointed a senior post in the team as a permie ! WTF? It seems that being a bully, but best mates with the CEO gets you far! The issue is that he will be working daily with my wife.
Understandably she is distraught. As far as i can see, we have two options - leave or try and ride it out. If we leave, can a compromise agreement be struck seeing as it was not the fault of my wife and we have quite a few instances where the company and HR let her down?
Any help appreciated.
If she has only been there 6 months just leave.
She may well win a constructive dismissal case but at what cost vs the payout.
I suppose it gets more complicated if she needs the money and can’t realistically find another suitable job but again with the short period of employment I doubt any payout would be worth the extra grief.
She may well win a constructive dismissal case but at what cost vs the payout.
I suppose it gets more complicated if she needs the money and can’t realistically find another suitable job but again with the short period of employment I doubt any payout would be worth the extra grief.
I am not an employment lawyer, so cannot offer any formal legal advice.
What I can offer is real world practical advice. The mental health of your wife is the single most important thing in this issue. No job is worth doing if it makes you depressed, anxious or tense. You only have one life and it is way too short to waste on a job working for a Company that clearly values “old boys networks” over the welfare and well being of its employees and one that breaches the most fundamental confidentiality that exists when a grievance like this is lodged and the evidence supports the grievance and the complaint is upheld.
Your wife should leave this job immediately. Take the time to look for an opportunity that she will be happier in that does not bulls
t politics around it. There really is more to life than this.
She may have a case for constructive dismissal if the company has indeed employed someone who had a complaint of bullying upheld against them whilst serving as a contracted consultant and then put said person into a position with direct contact / supervisory responsibility over your wife. Any employment experts on here may provide further comment on this.
What I can offer is real world practical advice. The mental health of your wife is the single most important thing in this issue. No job is worth doing if it makes you depressed, anxious or tense. You only have one life and it is way too short to waste on a job working for a Company that clearly values “old boys networks” over the welfare and well being of its employees and one that breaches the most fundamental confidentiality that exists when a grievance like this is lodged and the evidence supports the grievance and the complaint is upheld.
Your wife should leave this job immediately. Take the time to look for an opportunity that she will be happier in that does not bulls
t politics around it. There really is more to life than this.She may have a case for constructive dismissal if the company has indeed employed someone who had a complaint of bullying upheld against them whilst serving as a contracted consultant and then put said person into a position with direct contact / supervisory responsibility over your wife. Any employment experts on here may provide further comment on this.
Thank you for your advice to date. This is helpful.
I have talked to my wife today and suggested that she just leave, she is worried about being unemployed, with no income and trying to find a job during the winter and over this ghastly Covid period. She is right, it could take months to find something suitable. She is adamant that she has done nothing wrong and that she has been told by HR that she was indeed bullied and treated badly for 6 mths. HR and management did nothing.
Life is never easy......
I have talked to my wife today and suggested that she just leave, she is worried about being unemployed, with no income and trying to find a job during the winter and over this ghastly Covid period. She is right, it could take months to find something suitable. She is adamant that she has done nothing wrong and that she has been told by HR that she was indeed bullied and treated badly for 6 mths. HR and management did nothing.
Life is never easy......
Similar thing happened to my OH. Persistently bullied for months on end. Loads of other women were also being bullied by the same guy. Nothing would stick and HR were useless. Then he got a promotion! I've heard about the same happening in numerous places - always the same - HR do nothing, bully ends up getting promoted. Also, without two years of service you've no rights unless you hold one of the diversity cards. Just get out and save your sanity if you can possibly afford it.
"I was bullied out of my job."
"I was bullied out of my job."
Ray Singh said:
Thank you for your advice to date. This is helpful.
I have talked to my wife today and suggested that she just leave, she is worried about being unemployed, with no income and trying to find a job during the winter and over this ghastly Covid period. She is right, it could take months to find something suitable. She is adamant that she has done nothing wrong and that she has been told by HR that she was indeed bullied and treated badly for 6 mths. HR and management did nothing.
Life is never easy......
You have my sympathies as my wife went through something similar with a new boss and besides the challenges at work it made life at home very difficult.I have talked to my wife today and suggested that she just leave, she is worried about being unemployed, with no income and trying to find a job during the winter and over this ghastly Covid period. She is right, it could take months to find something suitable. She is adamant that she has done nothing wrong and that she has been told by HR that she was indeed bullied and treated badly for 6 mths. HR and management did nothing.
Life is never easy......
Unfortunately protection for things like this in employment law is very limited with less than 2 years service.
The first question here is "what do you ralisitcally want to happen?"
Getting the bully sacked isn't going to happen. Being managed out of her job is a very likely scenario. In fact, they don't even really need to try. She has been there six months. They could quite legitimately terminate her contract on Friday if they wanted to.
Realistically, there is only one option and that is to walk before she's pushed. Yes, she could cause a load of assle and contact ACAS about constructive dismissal and make a fuss with HR, but ultimately the end result is going to be the same.
Getting the bully sacked isn't going to happen. Being managed out of her job is a very likely scenario. In fact, they don't even really need to try. She has been there six months. They could quite legitimately terminate her contract on Friday if they wanted to.
Realistically, there is only one option and that is to walk before she's pushed. Yes, she could cause a load of assle and contact ACAS about constructive dismissal and make a fuss with HR, but ultimately the end result is going to be the same.
Tyre Smoke said:
The first question here is "what do you ralisitcally want to happen?"
Getting the bully sacked isn't going to happen. Being managed out of her job is a very likely scenario. In fact, they don't even really need to try. She has been there six months. They could quite legitimately terminate her contract on Friday if they wanted to.
Realistically, there is only one option and that is to walk before she's pushed. Yes, she could cause a load of assle and contact ACAS about constructive dismissal and make a fuss with HR, but ultimately the end result is going to be the same.
This. Unfortunately. It's how my OH ended up and it's how numerous similar situations I've witnessed have played out.Getting the bully sacked isn't going to happen. Being managed out of her job is a very likely scenario. In fact, they don't even really need to try. She has been there six months. They could quite legitimately terminate her contract on Friday if they wanted to.
Realistically, there is only one option and that is to walk before she's pushed. Yes, she could cause a load of assle and contact ACAS about constructive dismissal and make a fuss with HR, but ultimately the end result is going to be the same.
With your length of service, you won't realistically be able to do anything.
I'd find a new job ASAP.
If she can stick it out, pull a few sick-days , or WFH where possible, to avoid this bully.
Also, check on Glassdoor - If the company has a page, leave a review, mentioning this , if not, make the company an account.
Other people need to be aware. Glassdoor has saved me from a few bad moves more than once.
I'd find a new job ASAP.
If she can stick it out, pull a few sick-days , or WFH where possible, to avoid this bully.
Also, check on Glassdoor - If the company has a page, leave a review, mentioning this , if not, make the company an account.
Other people need to be aware. Glassdoor has saved me from a few bad moves more than once.
Get your wife to resign and walk away. I'm a firm believer that what goes around, comes around and everything happens for a reason. Right now your wife is stuck in a job that is stopping her from coming across a better opportunity perhaps. Get out, take some time to get over the last 6 months and then I'm sure something will come along for the better. Good luck.
Not a lawyer but have hired / fired / run corporates.
Agree with above, your Mrs should quit now. Because she's under the two year hurdle the company holds all the cards, and have already shown what they think of the situation by hiring the contractor. There's no upside, and it's going to be better on her cv to say 'quit shortly after starting due to job role bait and switch' rather than 'sacked by firm during probationary period'.
Agree with above, your Mrs should quit now. Because she's under the two year hurdle the company holds all the cards, and have already shown what they think of the situation by hiring the contractor. There's no upside, and it's going to be better on her cv to say 'quit shortly after starting due to job role bait and switch' rather than 'sacked by firm during probationary period'.
He's obviously threatened by her ability.
As above sadly. Sounds like an arse in a weak company. Time to walk away.
My wife was in a similar situation a few years ago. She handed in her notice (to HR) to time with bosses holiday, (our) holiday and Easter.
Sometime after lunch on his return from holiday - Bully Boss 'We need a structured handover, and you need to document everything; with your holiday in mind, when do you actually finish?
OH '5 O'clock.'
To make it worse, having seen my OH do it, about half the department then resigned in the following couple of weeks!
As above sadly. Sounds like an arse in a weak company. Time to walk away.
My wife was in a similar situation a few years ago. She handed in her notice (to HR) to time with bosses holiday, (our) holiday and Easter.
Sometime after lunch on his return from holiday - Bully Boss 'We need a structured handover, and you need to document everything; with your holiday in mind, when do you actually finish?
OH '5 O'clock.'
To make it worse, having seen my OH do it, about half the department then resigned in the following couple of weeks!
Ray Singh said:
Thank you for your advice to date. This is helpful.
I have talked to my wife today and suggested that she just leave, she is worried about being unemployed, with no income and trying to find a job during the winter and over this ghastly Covid period. She is right, it could take months to find something suitable. She is adamant that she has done nothing wrong and that she has been told by HR that she was indeed bullied and treated badly for 6 mths. HR and management did nothing.
Life is never easy......
Mental health and her well being is far more valuable than any job. Really, make do financially until she can find another job. The option of staying on and weathering things is a road to dark times. I have talked to my wife today and suggested that she just leave, she is worried about being unemployed, with no income and trying to find a job during the winter and over this ghastly Covid period. She is right, it could take months to find something suitable. She is adamant that she has done nothing wrong and that she has been told by HR that she was indeed bullied and treated badly for 6 mths. HR and management did nothing.
Life is never easy......
Thanks all. The message is loud and clear!
Some HR meeting held in recent days about abritation and corrective action plans. All lip service and a tick in the box excersice. Going to really put our thoughts on Glassdoor as soon as my wife gets out.
I have told her even to find a part time role to save her sanity.
Some HR meeting held in recent days about abritation and corrective action plans. All lip service and a tick in the box excersice. Going to really put our thoughts on Glassdoor as soon as my wife gets out.
I have told her even to find a part time role to save her sanity.
Jockman said:
The 2 year rule does not apply to protected characteristics.
If she is being bullied because of her gender then get her to kick up a fuss, with a compromise agreement being the fallback position.
Then get on with her life elsewhere.
Is it really worth the aggro? The added stress for ultimately the same outcome. Life is too short.If she is being bullied because of her gender then get her to kick up a fuss, with a compromise agreement being the fallback position.
Then get on with her life elsewhere.
Tyre Smoke said:
Jockman said:
The 2 year rule does not apply to protected characteristics.
If she is being bullied because of her gender then get her to kick up a fuss, with a compromise agreement being the fallback position.
Then get on with her life elsewhere.
Is it really worth the aggro? The added stress for ultimately the same outcome. Life is too short.If she is being bullied because of her gender then get her to kick up a fuss, with a compromise agreement being the fallback position.
Then get on with her life elsewhere.
doesn't get away with behaviour.singlecoil said:
Tyre Smoke said:
Jockman said:
The 2 year rule does not apply to protected characteristics.
If she is being bullied because of her gender then get her to kick up a fuss, with a compromise agreement being the fallback position.
Then get on with her life elsewhere.
Is it really worth the aggro? The added stress for ultimately the same outcome. Life is too short.If she is being bullied because of her gender then get her to kick up a fuss, with a compromise agreement being the fallback position.
Then get on with her life elsewhere.
doesn't get away with behaviour.A bully (as determined by an independent HR dept) that gets away with it simply continues to bully.
She needs to leave by the sound of it.
But! In her resignation letter I’d suggest she make clear why she is leaving, identify the role has become untenable as the bully has been re-engaged despite being dismissed for it, and mention constructive dismissal. With a bit of luck, the company will suggest a settlement agreement to avoid the potential tribunal; it’s unlikely to be large sums but may be enough to live on whilst she finds another job. I’d not waste to much time if they don’t offer this though as the cost would likely outweigh the return.
Doesn’t sound like the kind of company I’d want to work for anyway.
But! In her resignation letter I’d suggest she make clear why she is leaving, identify the role has become untenable as the bully has been re-engaged despite being dismissed for it, and mention constructive dismissal. With a bit of luck, the company will suggest a settlement agreement to avoid the potential tribunal; it’s unlikely to be large sums but may be enough to live on whilst she finds another job. I’d not waste to much time if they don’t offer this though as the cost would likely outweigh the return.
Doesn’t sound like the kind of company I’d want to work for anyway.
Edited by M22s on Saturday 17th October 07:39
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