Mediation or redundancy?

[ellierog]

Can someone help if possible please? I was suspended for gross misconduct(breach of confidentiality-statements from 4 of my staff were submitted alleging it was me,their manager) This allegation was not upheld as HR found out it was breached by a staff member who had recently been dismissed.I am supposed to return to work(in a small residential home for adults with learning disabilities),but the company are saying that the 4 staff who submitted the statements are threatening to transfer to another home if I return,and have allegedly put in their transfer letters when told I was returning,stating they are fearful of repurcussions.I have been offered a temporary transfer to another home as manager which I have refused as I see no reason why I cannot return to the home I have worked in for the past 13 years since it opened.I have now been told that mediation will be offered to the staff who have expressed concerns but that if this doesn't work and if the company have "exhausted all possible options",they will have no choice but to offer me redundancy.Does anyone know where I stand legally?Thanks

 

[googol]

My interpretation of what you've said is that the 4 employees are trying to get you sacked, and effectively bullying you by proxy.
If they've filed false statements and are now threatening to leave I'd suggest you'd have a good claim of bullying and victimisation. Perhaps you could put in a claim with HR to such an effect and say they are supporting the bullying behaviour and the bullies if they make you redundant.

 

[tony84]

why did they file those statements?

If its because they believed it was true, then maybe you can say its not an issue on your side, they thought they were doing the right thing at the time and you commend that.
If however they were lying out of their back teeth to get rid of you then no wonder theyre scared and i would go with what the above said.

 

[The Resolver]

This is obviously a sensitive situation all round and you should indeed participate fully in a mediation. The question is what form of mediation. There are a lot of misunderstandings of the process. ACAS for example do not practice true mediation, rather a passive form of shuttle diplomacy leaving it mainly to the parties to work out proposals.

I run a panel of fully accredited and experienced mediators . You can read about the benefits of mediation at www.TheMediationRoom.com but also our dedicated workplace dispute mediation platform at www.WorkplaceMediationOnline.co.uk .

Happy to chat this through at any time. Email me first on [email protected]

 

[ASeelhoff]

This is a difficullt situation. I suspect it depends how much you want to retain the job. By recognising the need to mediate with the staff the company appears to have recognised that if they force you out it will be unfair.

You have a choice, you can go through the mediation, see if it works, and if it does not you will have to take the redundancy. Having said that because the dismissal would clearly be unfair you would be entitled to compensation in respect of that and if your employer has any sense they will offer you an increased redundancy package to reflect the award you would be likely to expect from the Employment Tribunal.

It is also open to you at this point to negotiate an agreement for terms on which you would leave, but you should again be looking for a payout equivalent to the reduncancy package plus the increase for the unfair treatment.

 

[ellierog]

Thanks for replies,folks.I should point out that 2 of the 4 individuals had been asked for statements by myself on another matter pertaining to their conduct on a service users holiday,where the two female service users were put in the same bed,so they already(the staff involved) had a grudge against me. I have just been advised by C.A.B NOT to take part in any mediation as it was not explained to me how this process would work and where the starting block would be. It was put to me more in a negative manner anyway,with my line manager stating "We could try this mediation but if I have then exhausted all possible options we would be looking to make you redundant". I will shortly be contacting a solicitor for more advice.C.A.B. also advised me to raise a grievance with the Chief Executive of the company against my line managers treatment of me throughout this process.

 

[sjbeale]

I think you must accept the mediation process and see how it goes. Hopefully it will resolve all the issues. I don't see that making you redundant is fair and reasonable behaviour on the part of the company. There is obviously a requirement for this role so technically it would be unlawful.

If mediation does not work the company it seems can offer you work in another location and it would be for you to cooperate with them to resolve the situation.

However, you can, as well as you intend, submit a grievance to the company about your treatment.

 

[ellierog]

Thankyou for your reply.I must stress that I will not be forced out of the home I have worked in since its inception and managed for over 3 years due to this situation.If I worked in an environment such as an office or factory,that would be entirely different,but I work with individuals,many for whom I am seen as their closest thing to family and a strong advocate for their rights to make choices in their lives.For instance,two of the service users are getting married and they asked me to be their matron of honour.I have bonds with these people which have been built up over the years and they trust me implicitly to help them be in charge of their own lives and not just be told "this is in your best interests",or be palmed off like they have been in the past because people do not understand that anyone with a learning disability is even capable of making choices.I may sound like I am ranting but the staff who have done this to me have no interest in empowering the service users and are there for monetary gain only.They are even trying to get the company to terminate the contracts on two of the service users due to their "unacceptable behaviour traits". I seem to be working with a different calibre of staff nowadays,having worked in this industry for over 20 years. I will cooperate with SOME form of mediation but I will NOT submit to a "temporary" transfer.

 

[ASeelhoff]

These situations are never easy. I have an adult brother with Downs Syndrome in a similar facility and know how close people get to the best care providers. We've seen similar issues with downgrading of staff, and the home he is in is due to be reclassified which will drop the manager too many paygrades for them to afford to stay.

 

[ellierog]

The sad thing is,I don't even need to work as financially we would be ok if I were to be a stay at home mum,but my passion for the people I support has always been the reason for my 100 per cent job satisfaction.I have even offered to take unpaid leave whilst this situation with the mediation is resolved.I am not interested in any payout,compensation etc.I just want to be back managing a home which has an outstanding reputation,partly,I would like to think(and have been told numerous times in the past by my employers),due to my enthusiasm,innovative approach and passion for person centred planning.I might add that this home is now actually losing good staff since I have been away,as I believe the consensus of opinion was that I was not returning.

 

[ASeelhoff]

Thinking a couple of steps further this case could get very complicated. Would i be right in thinking you have social services involvement in terms of funding and care plan management with the residents?

 

[The Resolver]

The word 'mediation' is being misused by the employer - albeit posisbly unintentionally as a misunderstanding.

He is seeing the 'dispute' as a grievance between you and the other employees. It is not. The dispute that has to be mediated is between yourself and your employer. The problem with the other employees is an issue of possible conciliation, ie improving the way you relate to and work with each other. He has a duty in relation to that, and may form part of a mediated solution, but it is secondary. The employer has certain duties to you (eg as to the false allegations) and to residents and may be failing in them. It is that which needs to be mediated. Mediation should also not be offered by the employer . It needs to be provided entirely neutrally by a mediator from outside the company.

Graham