Grievance

[Barbara Ann]

have been working at a hospital as a nurse for 5 years.

 

18 months ago I was transferred to a new department as I have kidney disease and it was felt my new job would be less taxing for me.

 

My new manager Annabel was not very welcoming and seemed resentful that I was transferred without her being asked about it. She has been difficult to work with.

 

Recently I was asked to do overtime but I stated I couldn't as I had a kidney infection. I was already doing a nine hour day and was going to have to dose myself up. She then cancelled my shifts for the week and told me not to come in as I couldn't function properly if I was ill. I was then told I had to see the occupational health nurse before I returned to work.

 

When I went to see the occupational health nurse she showed me a referral letter from Annabel's boss Helen.

 

It stated that I had made serious mistakes,not managed my workload,had been carried for the last year and have problems with memory function.

 

I was totally shocked and upset by this. I have not only managed my workload but also Annabel's workload when she has been off. I work on my own on a Saturday and often see twice the amount of patients that are seen in the week.

 

I called a meeting with Helen and asked for details of these mistakes. (I don't know of any mistakes).She said she couldn't give me any as it was a no blame culture.

 

I told her that my boss was difficult to work for and often made personal comments such as "Your face is swollen" She laughed and asked if I was on steroids.(Which I am not).Throughout the meeting she was very dismissive of the comments made.

 

I have now put my concerns in writing and sent them to Helen,HR and the occupational health nurse. (Wasn't sure if I should include Helen's boss but haven't at present).

 

I have asked that Annabel refrains from making allegations without evidence and without speaking to me.Making numerous calls to my home whilst on sick leave,telephoning me at unsocial hours (0700),making personal comments,changing my contract hours without speaking to me and without my agreement.(Annabel called me at home whilst I am on sick leave and told me I couldn't work on a Saturday anymore as I needed people around me!)

 

 

Any advice ? I am not sure I can work with these people anymore?Back to top

[tiglet]

Are you a member of an union, such as the RCN or Unison?

 

If so, please call them and they will help you through the grievance procedure and can give you legal advice too.

[Barbara Ann]

No unfortunately am not a member of a union.

[inline66]

You may have a disability in accordance with the DDA.

 

In that case, comments such as "Your face is swollen" would be a breach of the DDA

[Barbara Ann]

Am going back to work Tuesday.

 

I have been told by the bookings clerk that she has been told not to book me any patients for Saturday. I normally work uesday,Thursday,Saturday.

 

I think they are either going to say I cannot work Saturdays anymore or ask me to reduce my hours.

 

Any advice?

[poppynurse]

Hopefully Ellen will be along to help - this is quite a complex case.

 

Who negotiated your move to this department? Was it part of capability/attendance procedures?

 

Has capability been discussed with you prior to being sent home this time?

[Barbara Ann]

My move to the department was negotiated by Helen. I had previously been on night shifts.

 

I have not had any sick leave for about 15 months until this time and all of this current sick leave thay have asked me to take off.

 

Capability has not been discussed before this sickness or at any other time.

 

My right kidney is now in a fragile state and I am almost continously on antibiotics. My consultant wants to take the kidney out and he feels this will solve all my problems.He is currently monitoring me for three months to see how many infections I get.

 

Meanwhile I have to go back to work tomorrow which I am quite stressed about. Annabel is a very strong aggresive type.

 

Wish me luck

[poppynurse]

Good luck

[Ell-enn]

Hi Barbara Ann, you most certainly do not have to put up with any form of bullying - or anything which hurts your feelings and upsets you.

 

You say you have put your concerns in writing to HR etc. have you had any reply? If not you need to formally request a meeting to address the issues you have. Also, what was the result of the referral to occupational health?

 

Kind Regards

 

Ell-enn

[Barbara Ann]

The only response I have had is we note your comments.

 

I asked in my letter to have all the allegations removed from my personal file as they cannot give me any evidence of them.So far nothing.

 

Yesterday was a difficult day you could cut the atmosphere with a knife.

 

Annabel said she will need to do my appraisal.Guess that will be good!!!

 

The bookings clerk intimated that Annabel is going to set me up to fail. She has been told to book me up with patients.My guess is I am going to be given a very heavy workload.

 

I am meeting up with occupational health once a week. They have given me clearance to come back and also sent Helen a letter saying that in her opinion I am covered by the DDA.

 

I did try and make contact with HR.The afternoon I asked to see her she said she was too busy. She asked me to call the next morning which I did but she was at a meeting all morning. Tried a couple of times since and got through to voicemail.

 

She has an office next to Helen and is a pal of hers!!

[Barbara Ann]

Things have become more difficult again.

 

My line manager has written an appraisal that states my performance is not as good as it could have been over the past year and that it is marred by illness.

 

She is also being very underhand.

 

For example she showed me a pathology printout that I had stapled to the top left hand corner of the request sheet. She asked me about two months ago to staple this in the bottom left hand corner which I have duly done ever since. However she has kept the original and photocopied and attached it to my appraisal!!!

 

Also the appraisal spans a 15 month period and I have been sick for 5 weeks of that period.

 

I have worked overtime,increased my hours and covered her shifts in this time.No-one has ever said I was underperforming. Indeed I have been complimented on my efficency.

 

I said I was not happy with the appraisal.She said it was her opinion and if I didn't like it I should leave.

 

Now I have been sent a memo stating that the working day has been elongated and that we have to work out how we are going to cover 0800 to 20 30 hours. I have children and will not be able to work past 1600 hours.

 

Any advice please?

[Ellie May]

This sounds very similar to my current situation. This is harrassment and bullying. Keep a diary, get everything in writing (if you can) and keep written notes of conversations. Get a grievance in asap, at least you are protected once the grievance goes in.

 

You have my utmost sympathy. The workplace these days seems worse than the school playground. Keep your chin up.

[prushton]

Check your contract for terms and conditions, specifically disciplinary and grievance proceedures. Submit a formal grievance about the treatment you are getting from this person stating that you consider it to be bullying and harassment and that under the rules of vicarious liability the hospital is legally responsible for this persons actions, in short vicarious liability is :-

 

 

Vicarious liability means that employers such as hospitals are responsible for the acts of their employees if the acts are carried out while in the employ of the employer ( ie the Hospital).An employer is responsible for the acts of an employee as long as the employee's acts are within the person's job description. The rationales for vicarious liability are that the employees actions are part of the hospital's business thus, in effect, are the hospitals's actions; any action by the employee is done at the employer's instructions; and the employer is in a better financial position to pay legal damages. An employer or organisation cannot avoid vicarious liability simply because they were not aware of the actions of their employee.

 

 

This person is committing these acts while employed by the Hospital and as such the hospital could be held legally responsible for those acts in any civil claim for damages. They will take this seriously, failing to follow the statutory grievance proceedures as per the ACAS code of conduct could , if you end up going to an employment tribunal mean that they will have any claims for damages substantially increased. Clearly you are being bullied and harassed by this person.

 

What gives her the right to change your shifts at will and cancel them, when you have been assessed as fit to work. As for the change in length of shifts you do have the right to request flexible working. They cannot unilaterally just change your length of shifts. These are, if stated in your contract of employment core terms of that contract and cannot be changed without your agreement. check your contract of employment and see if it states your hours of work, if it does they cannot change the length of shift beyond these hours without your express consent or without negotiation with the union)

 

 

If after you have had a face to face meeting with management about this and they have given you a response ( which must be in writing) and you are not happy,then you must appeal the decision in writing, If you do not , then again if you end up in an employment tribunal you could end up with a reduced compensation payment for not appealing that decision.

Edited August 7, 2008 by prushton