Grievance procedure

[live life be happy]

A serious H&S breach occurred at work last year where I raised a grievance. I'd never raised one before or done anything like this.

 

My first meeting with my immediate manager and the area HR person was awful and they were intimidating, aggressive, lied a lot and were rude. I recorded the meeting. My grievance was not upheld. I asked for a copy of the minutes and after repeated requests I received them. It was not a true and accurate record of events so I forwarded a copy of the recording to my manager and the head of HR.

 

I had my second meeting with the head of HR who stated that the first grievance had not been handled correctly. I presented my previous and now current grievance points to them. After waiting a few weeks they informed me my grievances were not upheld.

 

I then forwarded further proof to them to back up my grievance. The MD of the company has now come back to me asking if I want to appeal the last decision. BUT has also advised me that he will not reconsider previous points raised nor any new points outside the grievance stage. I asked for clarification on this, where his information had came from and to why. Now I'm been ignored and they won't reply to me.

 

Do they have to answer my points raised? Each time they've not upheld my points, I've forwarded proof to show that my points are valid and do exist and they sweep them to the side and not answer them.

 

I have been signed off from work with injuries connected with my grievance and on SSP.

[honeybee13]

Hello and welcome to CAG.

 

I expect the guys will be along with advice for you over the course of this afternoon and evening.

 

Have you spoken to the HSE at all? They would listen to your concerns if you want to report them, but I think they should also advise you if you have protection for being a whistleblower. Their number is on their website.

 

My best, HB

[lbruk]

hi, sorry to hear what you have gone through sounds horrible

 

as above, i'd go to the HSE first - was what happened to you RIDDOR reportable?

also CAB would be a good place to go as well, though you might get someone really good, or really bad :s but its worth going!

[live life be happy]

Hi and thanks for the welcome

 

Yes, it was RIDDOR reportable and it was reported to them.

Initially, I contacted HSE who told me to talk to Environmental Health.

EH visited them but my works stated that the appropriate updated risk assessments were now in place. EH couldn't force them to do something outside the guidelines but made a few suggestions which kind of fall in line with my grievance. I have this on email from them.

[live life be happy]

It seems that my employer can go through the appeal process with me and pick and chose what they want to take on board as my appeal basis. Does that sound correct?

[rebel11]

Hi live

 

Have you considered external routes to resolve your grievances against the company, maybe talk to ACAS or as a last resort a union, Trade Bodies.

http://www.acas.org.uk/index.aspx?articleid=1410

[wombleingfree]

If you've been with the company longer than a year then ACAS are worth a go. less than that and they're not much help and so Union representation could help a lot.

[live life be happy]

To give a quick update:-

 

I have been with the company for well over 2 years and not a trade union member. I spoke to ACAS who told me that what they are doing doesn't sound correct as it defeats the point of an appeal if they won't revisit either previous or new points. They also advised me that should I need to take this further then the appeal stage needs to be addressed and completed.

 

I asked my works for a copy of there grievance policy (not the rough outline in employees handbook but the copy of the policy they were working from). They told me that it was all contained in the handbook and there was no policy. I was then given a 3 day deadline to appeal but still stated not allowed to revisit or raise points. I appealed during the time scale - I ignored what they said that I could/couldn't do and sent it anyway. I was then emailed a few days later saying that I could no longer appeal.

Almost two weeks later they email me and request I attend an appeal meeting in 4 days time but if I cannot make it, then the appeal will not go ahead.

 

These guys actually seem to be enjoying themselves .....

 

My company sick pay stopped (don't get me wrong, I am grateful that they honoured this) but aren't they supposed to let me know this in writing along with holiday pay and entitlement that I'd previously asked about? It just so happened that the company sick pay stopped when they were aware I had started a personal injury claim, provided them with extensive further evidence of my case and had disagreed with the second meetings outcome and to why? Maybe just coincidence eh?

 

ACAS have said that while I am employed by them, then they can literally do as they please but if it gets to an ET and I win, then the ET may award extra for them not complying to guidelines. It seems daft that you'd have to resign to do this in the first place

 

Anyone else been in this situation? I'm waiting to hear back if the house insurance legal cover will help out, so fingers crossed I might get the help that really is needed as my employers really aren't nice people to deal with.