Grievance Letter: bullied and discriminated against for depression - Monaco Solicitors

Grievance Letter: bullied and discriminated against for depression

The client was suffering from depression, and rather than try to help, his employer decided to try to make working life difficult for him. This grievance also includes a ‘without prejudice’ section letter setting out amounts of money for settlement negotiations.

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[HR address]

By email to: [Email]

Re: [Employee]

I am instructed by Compromise Agreements Limited on behalf of your employee [Employee]. [Employee] has informed me that he has been off work since [Date] due to a suspension for alleged misconduct which stems from his “negative attitude” and lack of motivation.

As you are aware, [Employee] started working for the company on [Date] as an Account Manager. He informs me that you have offered him a settlement agreement which would include the termination of his employment in exchange for his notice payment and compensation for loss of office in the sum of [Amount].

As you are also aware, following a discussion between [Employee] and [Manager] on [Date], [Employee] suffers from low self-esteem, lack of self-confidence, depression and low mood. [Employee] has been affected by this condition for all his adult life. This amounts to a disability pursuant to section 6 Equality Act 2010 and [Employee] is therefore protected as a disabled employee. To subject him to disciplinary proceedings for negative attitude and lack of motivation in these circumstances, without seeking any input from Occupational Health, is discriminatory and a failure to make reasonable adjustments.

In addition to the disciplinary procedure, [Employee] has also been subjected to the following treatment which amounts to harassment or discrimination because of his disability:

  • On [Date], whilst [Employee] was off work sick and despite [Manager] having sent [Employee] home from work on [Date], she was heard in the open plan office saying that she believed that [Employee] was faking illness.
  • On [Date], [Manager] saying, “There’s a negative vibe from you [Employee]and I don’t like it”;
  • On [Date], after [Employee] had been off work sick for two days, [Manager] gave him a verbal warning, without having followed any disciplinary process whatsoever and then she invited [Employee] to a further disciplinary hearing that afternoon.
  • Treating [Employee] differently to [Employee 2] and punishing [Employee]in circumstances where other employees who are not disabled have not been punished, specifically allowing non-disabled employees to leave a voicemail message informing the company of their sickness whereas [Employee] was disciplined for doing the same.

[Employee] was told at the end of the disciplinary hearing that he would be issued with a final written warning if he did not accept the settlement proposal, which effectively amounts to one month’s pay.

In light of this treatment, [Employee] considers that you have breached the implied term of trust and confidence. He reserves his rights in relation to this and is considering whether he will resign.

[Employee] does not accept that the offer you made was properly “without prejudice” nor does he accept that it amounts to a “pre-termination negotiation” and it was a clear indication of the company’s intention to force him out of his job.

Please treat this letter as a letter of grievance, [Employee] wishes to complain about the above treatment of him, which amounts to the following:

  1. Breach of contract: The company has fundamentally breached his contract of employment by the actions set out above.
  2. Disability discrimination: He has been subjected to harassment, less favourable or unfavourable treatment (see above) because of his mental health condition. No adjustments were made to his role. This is a breach of the Equality Act 2010.

I look forward to hearing from you at your earliest convenience.

Yours sincerely,

[Solicitor]


Next steps

Monaco Solicitors are happy to provide you with these letter templates and examples free of charge to aid you in your employment situation. If you would like professional legal assistance in your case, we are experts in employment law and only represent employees – never the employer.
If you would like to talk to an experienced employment solicitor about the details of your case, simply get in touch on 020 7717 5259 or apply for a apply for a free 15 minute consultation. Our lawyers will be able to assess your situation and advise how we could help you improve your settlement package.
You can also use our free Settlement Agreement Calculator to help you understand how much your case could be worth.