Fema Employment - discrimination in a government agency?

discrimination in a government agency?

i work for a very big government agency and have been bullied at work by my manager and have a written apology from my manager to this effect. I applied for a promotion, got the position then had it publically taken from me under the basis that i had a stress risk assesment done for a previous but different role within the company. I spoke to my union rep who advised that under our company's guidance a promotion could only be rescinded on the grounds of misconduct which i have never been accused of Do i have the right to make a complaint through an employment lawyer that they have discriminated against me or that im being victimised by a bullying manager? Could i claim them for compensation for emotional distress caused by the public humiliation of having the promotion taken from me? (i have everything in writing from them stating that i had the job then consequently rescinded it due to the stress risk assessment completed for a totally different job) i have been advised of my right to lodge a grievance but as it will be dealt with by the managers in question i have no faith in any favourable outcome. Also my union rep has stated that as the legal funding in the dept is limted i am classed as low priority and my case would not be taken on as priority is given to those who face losing their jobs. Yes i am in the UK.

Public Comments

Are you talking about a Contractor? Or are you part of the Federal Civilian Work Force? There is a difference and what you can and can't do.
I don't know if this number will work for you, but when I was in the Navy, they had a phone number for gov't fraud, waste, and abuse. It was some sort of hotline. Sorry, I don't remember the number, but you could find it on google, maybe? Or possibly posted on a flyer in your workplace? Hint: call from home. I called the hotline for some fraud that a coworker in the Navy was committing AT WORK, and I got in trouble, not the one who was actually at fault. F'd up, I know, but true story.
been there done that ... advice go to someone who knows your government rep is not very good for he/she should have told you to get the fair employment agency involved ...my ad vice go to a good solicitor YOU HAVE nothing to loose. If as you say i think you could also get them on Management Induced Stress and take them to the fair., very good luck BUT GO TO A SOLICITOR AND MAKE SURE. Tell no-one and ask the solicitor how much is he going to charge you before you start. VERY VERY GOOD LUCK
if you feel that you have been treated unfairly then you have everyright to air that view. Follow correct proceedures.....raise a grievence with employer...lay ur cards on the table and wait nfor response....see where it leads...if unresolved to your satisfaction then take it further - time limits apply (3 months usually unless its discrimination then the possibility and deadlines may be endless) but always always start with the employer
If you are in the UK, you certainly seem to have a reason to take out a grievance against your employer - I wonder why the Union didnt advise you of this? Find, or ask for the department's grievance procedure and talk to your union rep about proceeding under this. It would probably be an internal matter to begin with and you would take them to an ET if you were not satisfied, although in my experience, government depts and LA's prefer to settle before it gets that far. See www.acas.gov.uk for lots of info on this. They also have a helpful helpline. If your union is not helpful, go to the CAB.
Hi Lisa. This type of conduct is most certainly not acceptable but, unfortunately is quite common. You have done the right thing by consulting your union rep. A lot depends on how good the rep is. You should not need to consult your own solicitor as the union should deal with this for you through their solicitors. You need to tell the rep that you want to lodge a formal grievance and make it clear you wish to take the matter further. If the rep does not do anything ask to see the union's area convener. I would venture to suggest that there may be issues here under the Data Protection Act and the employers duty of mutual trust and confidence at common law. I really wish I worked in your department, I would make mincemeat out of this manager. Good luck
There is no claim for damages or compensation at this stage. Ultimately you will have to use the internal compaints procedure and then decide whether a claim for constructive dismissal (if you feel unable to continue working in the department) is warranted. An employee claiming unfair dismissal must prove either that the employer has terminated the contract of employment, that a fixed-term contract has expired or that the employee has terminated the contract with or without notice and alleges constructive dismissal. The Employment Rights Act 1996, s. 95(1) provides that there is a dismissal if: "(c) the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct." The employee must establish more than unreasonable or oppressive conduct on the part of the employer. Whether or not an employee is entitled to terminate the contract is a question of fact to be determined in accordance with contractual principles. The words "entitled" and "without notice" are contractual concepts. An employee is entitled to treat himself as constructively dismissed if the employer is guilty of conduct which is a significant breach going to the root of the contract of employment; or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract (Western Excavating (ECC) Ltd v Sharp [1978] IRLR 27). There is, as a previous post points out, a mutual obligation of trust and confidence between employer and employee. In respect of employers it entails an obligation that they will not conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee. Any breach of this implied term is a fundamental breach amounting to a repudiation since it necessarily goes to the root of the contract. To constitute a breach of this implied term it is not necessary to show that the employer intended any repudiation of the contract. The employment tribunal's function is to look at the employer's conduct as a whole and determine whether it is such that its cumulative effect judged reasonably and sensibly is such that the employee cannot be expected to put up with it (Woods v W M Car Services (Peterborough) Ltd [1982] IRLR 413, approved in Malik & Anor v Bank of Credit and Commerce International SA [1997] IRLR 462). Where a local authority councillor had subjected a council employee to verbal abuse and accusations of dishonesty while he was carrying out duties on council premises there was a breach of the duty of mutual trust and confidence which entitled the employee to resign and claim constructive dismissal. It is an implied term that the employer will provide and maintain a working environment which is reasonably tolerable to all employees (Moores v Bude-Stratton Town Council [2000] IRLR 676). This may well apply to the circumstances you describe. You will have to use the internal complains procedure first or any claim will fail. There is also a 3 month time limit from the time of dismissal. It might be that a complaint might resolve the issue, but if it doesn't then you may be left with little choice. Seek independent advice before you do anything.