Biased and fixed interview.

[manofsteel]

I have been with this company for over 5 years. The story is this that a position came up in my dept to move up. I have applied for this position two times before. It took me time to apply, as my boss was never likely to give me this position i thought. But i was very interested in the position, in doing well. When the interview came boss was accompanied by HR officer who was just taking notes. They both came about 15 minutes late. The thing that really annoyed me and why i think this was fixed and already decided is that from the very start the boss starting having a go at me, particalrly since last 6 months performance. He put me on back foot and defensive. I felt i was sitting in a disciplinary rather than interview. No questions were asked as to why i want this position, my drive, enthusiasm, knowledge questions, etc. In the last month there has been 3 other officers who have left the company to go for another job, I felt during the interview he made me a scapegoat for these leavers. He put lot of blame on me and sad thing was I just sat there and took it. I was caught stranded, not sure how to respond, shocked. After i came for interview, a fair trial to express my interest in the position in dept i have worked in over 5 years and where there is only me and another officer left in the team with three other having left. Boss kept saying what people thing about me, but there has always people mentioning my boss in a bad way but i never care. I have never been rude or unethical towards other in my team or other and staff members have never showed any dislike to me on my face. If they are backbitting on me to my boss well then i guess they are prejiduced. I am from a asian background. Although i got some support before the interview from some people but even they knew the writing in the wall. I sometimes get the feeling some people don't want me in this job but i do a honest, transparrent and good job. Now i want to continue working but lost some faith in the company. If i take some action then i loose job. So what are my options in getting this job in future which in my time on average comes every two years. I feel sometimes whatever i do my efforts are marginalised and in fact things are cooked behind my back to discourage me, opportunities to put blame on me and create a negative atmosphere around me.

[RachelMD]

Paragraphs please.

[manofsteel]

I did but don't know why, but here you go;

 

I have been with this company for over 5 years. The story is this that a position came up in my dept to move up. I have applied for this position two times before. It took me time to apply, as my boss always had reservations about me or created one, made one up i thought. But i was very interested in the position, in doing well.

 

When the interview came boss was accompanied by HR officer who was just taking notes. They both came about 15 minutes late. The thing that really annoyed me and why i think this was fixed and already decided is that from the very start the boss starting having a go at me, particalrly since last 6 months performance. He put me on back foot and defensive. I felt i was sitting in a disciplinary rather than interview. No questions were asked as to why i want this position, my drive, enthusiasm, knowledge questions, etc.

 

In the last month there has been 3 other officers who have left the company to go for another job, I felt during the interview he made me a scapegoat for these leavers. He put lot of blame on me and sad thing was I just sat there and took it. I was caught stranded, not sure how to respond, shocked. After i came for interview, a fair trial to express my interest in the position in dept i have worked in over 5 years and where there is only me and another officer left in the team with three other having left. Boss kept saying what people thing about me, but there has always people mentioning my boss in a bad way but i never care. I have never been rude or unethical towards other in my team or other and staff members have never showed any dislike to me on my face. If they are backbitting on me to my boss well then i guess they are prejiduced. I am from a asian background. Although i got some support before the interview from some people but even they knew the writing in the wall. I sometimes get the feeling some people don't want me in this job but i do a honest, transparrent and good job.

 

Now i want to continue working but lost some faith in the company. If i take some action then i loose job. So what are my options in getting this job in future which in my time on average comes every two years. I feel sometimes whatever i do my efforts are marginalised and in fact things are cooked behind my back to discourage me, opportunities to put blame on me and create a negative atmosphere around me. I liked my boss and always said good things about him to other people, but he has not been kind to me

 

Another thing is the previous position holder was very nasty to me and always trying to catch me or report me, was very active in this, he bad mouthed me a lot to my boss during his time as his assistant. He did not do my any favours. during the interview he mentioned a lot to me about my relationship with him without taking my point of view to notice such as his negative attitude towards me.

Edited May 19, 2011 by manofsteel

[Atlas01]

 

The thing that really annoyed me and why i think this was fixed

 

I'll be blunt here, what you think is irrelevant, can you prove you were the best candidate, that the interview was biased and unfair

 

even if you could there is little you can do in law about it other than to go for breach of trust and confidence, unless there was evidence of any racial discrimination (they key point is evidence)

 

Are you prepared to resign and take action against your employer under breach of trust, you have no other contractual claim because this was for another job, not the one you are contracted for.

 

If you are prepared to resign (which i certainly would NOT advise) your chances would close to zero without clear unchallengeable proof of what went on, not what you think unfortunately

 

you could raise a grievance with your employer but you would still need the same level of proof and even then i doubt they would do anything as they would then have a breach of contract claim with the successful candidate

[Bigredbus]

Well, one thing which strikes me is that you attended an interview and it turned out to be more of a 'disciplinary' meeting, as you put it. One thing you could do, in addition to you raising a grievance (!) is to request copy of the notes that HR person took during the meeting. They should show the ontent of your interview...

[manofsteel]

I now strongly believe they did not wanted me to move one up. They had been creating things up in the last year or so or creating conditions for me to argue. the ex-assistant security manager was particularly nasty to me and i think he was used to put far more pressure on me than the other officers. He would always blame me, his attitude was aggressive towards me one or two times phsically as well and he just did not like me, some kind of prejiduce. But he has left the company for a better position.

 

In my five years this position has come along every two years. The boss knows that and i think when the time was coming near he with the ex assistant manager looked at marginalising me by putting added pressure, stress on me and creating conditions for me to rebel or become argumentative. The sad thing is becasue i did not take much action that time because i didn't want to upset the dept and team i accepted some harrasment and bullying. Had i took some action reported to HR maybe i would have been in good position. As it is Boss used this argument against me in interview. The sad thing is its not even getting the assistant manager job but how i feel cheated stressed and victimised. Beofre the interview Boss never gave me impression he would turn nasty in interview although in past few weeks he conveyed message to me he will not take me on as his assistant. I was always reluctant to apply but with my exp in dept, good track record, most senior in team of officers with two left now out of four I should have been the natural automatic choice. Instead what was dished out to me was last six months you were argumantative, not team member, attitude with other epople in yout team and others, etc, etc,etc.

 

So what do i do now, boss has given me three ultimatums, improve, leave or wait for two to three years for next time position comes available. If i write formal grievience letters then boss may turn more against me but i feel my own good record has been ruined by what was said in the interview with HR office taking notes. Is it no-win situation for me. I guess i can go back to work but boss may use my silence to make the conditions and work level tougher for me.

 

Another thing that really upset me and he made me a scapegoat for three members of the team leaving was that in future he warned me if you negative impose yourself on the two new officers that will be recruited and new assistant manager than i will be in serious trouble, how can he think like that. I have trained other starters with utmost sincerity and offered them full support, he is sowing the seeds for future situation that he may create. I think he also wants me out of the job and thinks after five years my sell by date has expired. When he told me to leave i told him why should i when i have invested five years here.

 

Look forward to your replies,

[Bigredbus]

What are you trying to achieve? or obtain?

[manofsteel]

Obviously I am feel ill treated, as I have worked over 5 years sincerely and hard, expressed my interest in the assistant manager position 3 times. I had a real chance and be and boss made a mockery of it.

 

 

So what r my options, don't wanna leave company. Can I apply for a appeal? Should I write a formal complain leter, approach employment agency how I have been treated, ACAS maybe. How would u guys approach it.

 

[manofsteel]

BTW when I had a similar application turned down 2 years ago, I put it through this forum, but couldn't find s link to it. In that case also boss never considered it seriously.

[Mollierose8]

Sounds to me you'll just have to grin and bear it, bite the bullet so to speak. When you know the next vacancy is about/or probably to come up, use a bit of 'Yes Sir, No Sir' attitude....make sure he sees you are bending over backwards, conniving I know but it might work. Avoid arguments or any confrontation. Above all KEEP your job or think about looking for another one. I did. This is just my opionion people.

[manofsteel]

The thing is I avoid arguments but the ex asst was always confrontational towards me. They supported him all the way. But they can't support me. Whenever sometime I reported his conduct towards me, boss mostly was not interested. I say it again AM was played against me since boss knew he had some beef against me and agenda to get rid of me. And he tried exercising his power on me and another team member who left after 1 year bcz of him with some compensation. He was not good but protected. But boss by playing this game stabbed me in the back. Now even if continue things will not be same, and lot of ny trust on him is gone.

 

Everybody in the past said negative words about my boss to me even the R word. But I always corrected those people anything negative against him, those saying negative against boss include ex AM, he told me he is Facist. So you know how let down I feel.

[leedsguy]

This just seems like the reality of "office politics", brown nosing, sucking up etc etc, to me. I know it's not nice, but if you're suitable for that type of job then consider applying to competitors who will give you a reasonable chance in an interview rather than try discuss your current performance. I have little knowledge of employment law, but I can't see that they have done anything illegal. I'm not aware of any law which states all interviewees must be asked the same questions.

 

The good thing is you have a job, I have never managed to get one of any kind due to poor performance in interviews as a result of disability. I'd much rather be in your shoes. Take it as a sign of their appreciation of you and your work for the company.

[8ball]

I have no knowledge of the law in this aspect but to counteract what leedsboy says, there should be the same structure for all interviews, how else are they supposed to compare you with a n other. From what you say it does seem that they have some preconcieved opions of you. If you feel that you have the skills, experience, knowledge, qualifications etc for that type of role then the best thing to do is leave for company that will value you and not one that takes you for granted.

 

Good luck

[leedsguy]

there should be the same structure for all interviews, how else are they supposed to compare you with a n other.

Definitely agree, and it reflects badly on the company that they treat an employee in this manner.

 

On the reverse side, might someone from outside the company feel discriminated against if someone from within the company were appointed, as the company already knows the candidate.

[manofsteel]

What are my options and my actions should be. Obviously i am very hurt and stressed about me not getting the position after applying three times.

[8ball]

What are my options and my actions should be. Obviously i am very hurt and stressed about me not getting the position after applying three times.

 

Is moving to another company not an option? Because I feel that's the only other option.

[honeybee13]

I'm inclined to agree with 8ball on this. Whatever their reasons, they don't want to give you the job and in your shoes, I would transfer my talents to someone who appreciated them.

 

Your only other avenue, as mentioned already, seems to be the grievance procedure.

 

My best, HB

[teaboy2]

If the manager made specific accusations or had pointed out that you were to blame for any specific incident (where you were not to blame) during the interview - then that is victimization, as he would have clearly singled you out during the interview for pointing the finger of blame at you. It would also appears that he blatantly singled you out in front of the HR department to ensure you would not get the position. Though it's difficult to be 100% certain as i was not there as a witness to it myself, though i would be very interested in seeing the minutes to the interview compared to your version of what was said, if the minutes contain inaccurate records of any statements.

 

I am however surprised the the person from HR allowed the manager to proceed with the interview in such a way - So maybe a grievance to HR about how the interview was handled and the nature in which the manger acted towards you is in order, on grounds of unreasonable conduct that left you feeling victimized giving details as to how the meeting went and how it felt more like a disciplinary, and who you were not asked any questions as to why you thought the job was for you etc. The fact you felt victizmed is a clear sign that you probably were.

 

If that doesn't work then maybe it time you looked at other options. And i would certainly contact Acas too for some direct support, they will contact your employer and discuss the matter with them on your behalf if the employer agrees to discuss, but given they have a HR department, then i suspect they will discuss it.

[manofsteel]

If the manager made specific accusations or had pointed out that you were to blame for any specific incident (where you were not to blame) during the interview - then that is victimization, as he would have clearly singled you out during the interview for pointing the finger of blame at you. It would also appears that he blatantly singled you out in front of the HR department to ensure you would not get the position. Though it's difficult to be 100% certain as i was not there as a witness to it myself, though i would be very interested in seeing the minutes to the interview compared to your version of what was said, if the minutes contain inaccurate records of any statements.

 

I am however surprised the the person from HR allowed the manager to proceed with the interview in such a way - So maybe a grievance to HR about how the interview was handled and the nature in which the manger acted towards you is in order, on grounds of unreasonable conduct that left you feeling victimized giving details as to how the meeting went and how it felt more like a disciplinary, and who you were not asked any questions as to why you thought the job was for you etc. The fact you felt victizmed is a clear sign that you probably were.

 

If that doesn't work then maybe it time you looked at other options. And i would certainly contact Acas too for some direct support, they will contact your employer and discuss the matter with them on your behalf if the employer agrees to discuss, but given they have a HR department, then i suspect they will discuss it.

 

 

Yes I have spoken with ACAS and they provided me some advice, thats all. Don't think how they can really help me. My levels of physical and mental stress levels have increased that's why i had to make appointment with my GP who has offered me to forward me for counselling, but i wait for GP reply after completing a form GP gave me.

 

 

My concern is if i write greviance letter then will that go against me in future, should i just shut up and get on with it, time is a great healer. Having said that this will be hard for me, my conscious may not allow it. How can employment lawyer help me as i have one of their number.

[honeybee13]

Hello again.

 

I think your GP is doing a good thing referring you for counselling and I hope you find it helpful.

 

Yes, a grievance letter can make your life difficult, we've seen that here.

 

I don't think an employment lawyer can't tell your employer what to do here. The normal chain of events would be you submitting a grievance and going through that procedure, then seeing a lawyer if you decided to go to an ET for instance. Unless you have a NWNF one, this could just end up costing you money for them to write a letter or two, at this stage.

 

That's how I see it anyway, others may have different views.

 

As has been said already, your options seem to be to file a grievance, put up and shut up [so to speak] or to move on. You may find that the counselling helps you see things in a different way and it could help you make a decision in the end.

 

My best, HB

[leedsguy]

Well one option could be grievance letter + off work sick with depression + max out sick pay + wait till they lay you off for being off sick.

[honeybee13]

If there is sick pay, LG. I can't see if that's mentioned, having done a quick scan.

 

My best, HB

[manofsteel]

Well one option could be grievance letter + off work sick with depression + max out sick pay + wait till they lay you off for being off sick.

 

How can lay me off for being off sick.

[honeybee13]

How can lay me off for being off sick.

 

Hello there. I could be wrong, but I think it would be on grounds of capability.

 

Sorry, HB

[papasmurf1cx]

You have said "he warned me if you negative impose yourself" you seem to also be suggesting that your feelings have been hurt by the actions of the interview process. The subtext being that you feel that there is a racial motivation for the manager not wanting you to be his assistant. Have I read this correctly or not?

 

If I am reading this correctly then you need to detail the evidence a bit more clearly. Why did he threaten you with the above comment I quoted? What are the other things that you have alluded to but not detailed that "ts not even getting the assistant manager job but how i feel cheated stressed and victimised." ?

 

Victimisation in a legal sense has not really been evidence in your post thus far. Read up on what victimisation and harrasment is in the Equality Act 2010 http://www.legislation.gov.uk/ukpga/2010/15/contents because you need to have at least raised a grievance and they do some detriment to you BECAUSE you raised that grievance and I don't think you are there yet.

 

I think you are wanting to take the employer to task but are unsure as to how because it will jeapordize your job... I think you need to be clear what you want before caggers try and advise you through the process.