insubordination and bullying.

Lady H

Free Member
May 9, 2020
10
0
Names, place of work etc will be left out however hopefully there is enough information for advice.

Hello. I require some urgent advice.

Person A works on the admin desk for a Care Home.
They have been to the funerals of residents to pay last requests (alot of which has been done on company time and also personal time eg day off etc).

Residents are treated like family when they come in to the home.

On a Friday, Person A sent an email to their line manger and care home manager requesting to go to the funeral on the coming Monday. Monday came and there been no reply to the email. Person A approached the line manager whether he/she had read the email and if they could go to the funeral during the lunch break.

Line manager agreed. Home manager came in the office so Person A mentioned that the line manager has agreed for attendance to the funeral.

The home manager started shouting "who is he/she to give you permission.. I am above her and I am telling you not to go as there were a shortage of staff and wanted person A to cover duties such as feeding residents which they are not trained to do." Person A came out of the office as it had become like a circus where one manager said yes, other bullies everyone and says NO. The office became a heated environment. Person A emailed HR and the director to inform about the above and the bullying/harassment nature.

One thing that needs to be added here is the manager has a bullying nature and shouts alot. There were 2 incidents during this week that would have been caught on CCTV of the bullying/harassing/shouting nature.

Person A arranged cover for the desk from people who always cover during lunch periods and went to the funeral during the lunch break.

The Home manager has called insubordination and started an investigation with HR.
The line manager has changed the facts and said Person A was following them around the office / printer begging to go to the funeral - which is a lie.

CCTV footage would have shown that the manager has harassed / bullied person A, statement from the line manager were wrong and also provided evidence of 2 other cases of shouting from the home manager however HR have said "They do not want to look at the CCTV footage as it would discredit the managers."

If all the evidence is not looked at during the investigation and HR say they they do not want to discredit the managers then is this not a biased investigation? The employee will always be found guilty.

HR had written to Person A that they had until 30th June 2020 to organise witnesses for this investigation however they terminated the job in February 2020 while the investigation was still going on.... this is unfair too as a previous letter said they would be paid until the investigation was finished.

Any help would be great.... is there any chance Person A could win this through acas?

Many thanks in advance.
 
ACAS would have no interest. If person A has left why is there a continuing investigation?
 
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Who terminated the job? The person? Or HR?
HR Terminated it. They did an investigation. Did not look at the CCTV as evidence of bullying on 3 occasions including the way the manager talked to Person A. Been employed for over 4 years
 
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She has to get ACAS early conciliation involved within 3 months of the date of termination. If the dismissal occurred on or before 11 February she can do nothing about it. Forget whether there is a chance of success. Get onto ACAS now.
 
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She has to get ACAS early conciliation involved within 3 months of the date of termination. If the dismissal occurred on or before 11 February she can do nothing about it. Forget whether there is a chance of success. Get onto ACAS now.

We got in just in time.
Under 1 month to make an tribunal case.

I am not sure we can win. we have evidence of badly run investigation including the HR not looking at evidence as they did not want to discredit management.

HR gave until the end of June to get witness / people ready to be present for appeal interview and then started changing dates.

Statements by management all wrong and set to Jan 2019 (started making notes for constructive dismissal).

Proof of lying about commission for bringing in new residence (referral comission)- written proof this carrot was dangled and never paid.

Getting contract hours wrong etc. Total incompetence.

We we can show the company were totally rubbish at handling the process could it be thrown out? and Person A wins?
 
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You need to get proper advice from an employment lawyer.
 
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Hi Everyone.

Hope you are all well.

Quick question.. from the date the ACAS certificate is issued.. how long does the person have to put in the employment tribunal claim?
 
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At least 1 month, but it may be more depending on the date of the act you complain of and the date you contacted Aas.
 
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