Sorry to hear that mate. I'd still be inclined to talk to ACAS (somebody different) about how they can help, and/or the grievance procedure.
Thing is Burley , HR call the shots , not Management . I don't want to go to war with the Senior manager , as he was fair enough , it's the other twat . Maybe I should have appealed when I got my Initial Final warning after all . Not sure about external legal help TBH . Thanks for the kind words though . Keep my head down stay sick free for 6 months and carry on . Still rankles that Getting the Flu , going to work , getting sent home by senior management , passing out at the wheel , crashing the car , being hospitalised for about 7 days 5 in isolation because the flu was that severe ( They thought it was scarlet fever to start with ) Is NOT treated as stand alone .
Piskie suggested Acas. I think putting those factors you mention above in front of an unbiased pair of eyes would do no harm at all. If they think you'd win an independent tribunal then you might be able to go down the constructive dismissal route. But you have to play it the way you see it mate. Keeping your head down for the next 6 months may be your preferred option, but keep a daily diary of any potential provocative behaviour on the part of the twat involved. Comments, e-mails, etc, anything that fits a pattern that appears aimed solely at you and your position. Just to add, before I went on sick leave I was off on the Thursday and Friday with what appeared to be different to what I'm off with now (it was involved). My boss wanted to make that 2 separate periods of sickness which would have been significant. I asked if she was medically qualified to make that decision. People like that piss me off big time. Anyway, as said before mate best wishes. And watch your back!
Sorry to hear that mate, but I can’t say I’m surprised. I’d personally not advise a grievance against the appeal hearing manager, as I can’t see what grievance you’d have barring the fact that you don’t agree with his verdict, and that wouldn’t hold much water. Plus you’d definitely be a marked man if you took that route. Constructive dismissal would require you to resign and then pursue a claim. A claim can take up to 9 months to get to court, and so you’d have to be able to fund yourself during this period. If you found another job whilst waiting that’d reduce your payout should you win. The most you can claim now has been capped at one years salary, with payouts based primarily on actual loss, so any earnings etc would come off that amount. Very risky and being honest as it stands I doubt you’d win. So just keep your head down and nose clean mate. If you’re unfortunate enough to get ill within the period that the final warning stays active then make sure you get a doctors cert, and if they did volley you in that circumstance, you’d have a pretty strong case imho. The bloke who gave you the initial warning sounds like a bell end btw.
Finished work now for a few weeks ... last contract ended last Friday so won't be doing anything until we come back from France in mid- August Sitting in the garden enjoying a cold beer and this lovely sunny weather
