harrassment and bullying continues after reinstatement, sick leave, grievance, hearing on monday

[EmMil]

I was reinstated in my job after i resigned during a grievance hearing. I filed a grievance that my manager was treating me unfairly. After this happened i was temporarily moved and my manager visited and wanted to performance manage me. I always had a record performance, never been performanced managed. Hence the director sensed something was not right and reinstated me. gave me a new store in same district with same mgr. i was asked at the hearing if i could work with my mgr again and i specifically said, yes providing she treats me fairly, with respect and dignity as per policy.

 

It has been 8 mths and i have had a life of hell at work, been given 2 underperforming reviews by my mgr, put on a performance improvement plan, received a first warning, successfully got off the plan with higher scorecard than the entire district, being told i'm too 'soft', i should have sacked some ppl by now. The last straw for me was recently when she copied an email to HR accusing me of gross negligence, threatening to investigate me. and started conducting a disproportionate investigation. I became so stressed under her leadership, i could not sleep, had lower abdominal pains,i lost weight, i lost my hair, i was not functioninig normal, i had panic attacks and anxiety, diahorrea, vomiting in addition i had a gynaenecological health issue which she knew about which made me ill worse and caused severe bleeding. I was signed off for 6 weeks for work related stress and gynaecological issues under investigaton. during this time i filed a grievance.

 

The six weeks expires today. The grievance meeting is scheduled for this monday. i want to go through the grievance procedure fully again but cannot continue working for employer, as i felt they placed my heallth and my well being at risk. any advice as to what i could do. ive worked with company for 7 years. and i cannot afford legal advice, spoken to acas who said i need to try and resolve with my employer..

Edited March 1, 2013 by EmMil
adding paragraphs

[honeybee13]

Hello and welcome to CAG.

 

The guys on our employment forum should be able to advise you, I expect they'll be along later.

 

If you wanted to help them, you might consider using the Edit Post button at the bottom of what you've typed and putting in some paragraphs. The easier you make your post to read, the more advice you should get.

 

I'll leave you a short term redirect here.

 

My best, HB

[EmMil]

thank you. i have amended that.

[honeybee13]

Brilliant, that will help the guys. Thank you.

[EmMil]

Checking in today still no replies on my post does anyone know anyone who has been through a similar situation?

[Emmzzi]

I think the problem is, it's not clear what you are looking for. It sounds like going back to work is going to make you ill; so what do you want to happen? Once we know that we can help.

[Callaghanclown]

I think the problem is, it's not clear what you are looking for. It sounds like going back to work is going to make you ill; so what do you want to happen? Once we know that we can help.

 

Are you hoping for a pay off? If not I'd resign and move on.

[EmMil]

Thanks for your replies. after 7 years i do not want to quit my job again. Its not to find work out there and im good at what i do. I have always been a high performer at work and if im being harrassed and bullied by 1 person, my manager, despite the fact i'm performing above expectation surely, i shouldnt be forced to quit. I'm hoping at the meeting tomorrow once i present my case, to say look, i've tried working with this person again, it's now affecting my health and list the issues, they will remove me from under her leadership this time...if they cant do that...well then i'd think about throwing the towel in...and go ET...

[dj1971]

EmMil,

 

I have through the same experiences as you although not over such an extended period of time.

 

It sounds to me that your manager feels threatened by you and she is trying to performance manage you out of the company. Now you would think, as I did that a manager would be really pleased to have an employee that is good at their job and willing to go the extra mile to get things done. Unfortunately as I found out at my own expense this is not the case where the manager feels insecure in their role and then views you as a threat. In some way she probably fears she will be managed out of her role and knows you would be well capable of taking over, or even worse you might get promoted to a higher position than her. Therefore it has become her project to undermine your performance at every opportunity.

 

Like you I submitted a formal grievance which was rejected and an appeal which was also rejected. By the end of the process I realised that management were never going to admit to anything and are only interested in covering their own backs. Even worse, they often have absolutely no regard for an employees wellbeing and health. In the end I just could not take it anymore and had to resign, claiming constructive unfair dismissal. However as you have rightly pointed out it is very difficult to find a new job at the moment, especially when you have to answer difficult questions about why you left your previous job.

 

Therefore I strongly recommend you consider your options carefully before making any kind of rash decisions. I suggest you go through the grievance process, making sure you have someone with you at all meetings to verify what was said or done and make sure you get copies of minutes. When asked what outcome you want from this process I suggest you ask for a transfer to a different manager. You have clearly done everything possible to try and work with her, but she is a woman on a mission and that mission is to get you out. If not through performance management, then she will make your life so miserable that eventually you will be forced to resign.

 

I have my full merits hearing commencing at the end of April and I can tell you it has been a nightmare getting to this stage. The impact on my health has been significant and on my relationships with friends and family, but I know that in order to get closure for myself and finally put this whole sorry business to bed and move on with my life, win or lose I have to see this process through to the end.

 

There are a number of charities that will provide you with good legal advice free of charge, depending on what part of the country you are in. If you don't want to say in the public forum, feel free to pm me and I will send you some details.

 

Stay strong

DJ

[EmMil]

Thank you dj for your reply. I had my hearing yesterday. I did my best but felt i left out some examples of how i was treated unfairly, i was very nervous and emotional but gave sufficient as to how the trust and confidence has broken down with my immediate mgr. too late to add more now, but i was firm in requesting a transfer as the outcome i would like to see. so i'm on standby to be placed in another location to work this week while the investigation into the grievance continues, fingers crossed it will be ok. I will have an outcome in 10 days. I honestly do not expect the Co to accept any liability as from what ive read online, most companies dont. At least if i can secure a transfer then i can have a new start somwhere else in the company and it can buy me some time to job hunt if i feel i can no longer trust my employers to manage a bully in the company.

[EmMil]

I need some help here from anyone. After i attended grievance meeting, i was told i would be temporarilty relocated because I asked for transfer and clearly stated i cant work for my manager because of her unfair treatment towards me and breakdown of trust and confidence. This was not forthcoming, I got email back saying the relocation would be too short so i should stay at home paid while they investigate. instead i was placed on gardening leave for 2 weeks. I have received the outcome of the grievance by email and its on its way by post, which as expected was not in my favour. nothing was upheld, however my regional director wants to meet with me on monday face to face to discuss the outcome and look at the next steps and a way forward. Now i had asked for a transfer and this was not included in the grievance outcome letter. needless to say some points raised in the grievance meeting were not investigated or reported on. Can the company really expect me to return to working with my boss after the hell ive been through? Is that even legal? im very nervous about any discussions that could take place as i feel they may corner me and say no where to transfer you to, would you rather leave? has anyone been through similar?

[Emmzzi]

if your director wants to meet, I'd hazard a guess a compromise agreement is on its way. I may be wrong, but if you cannot work and they will not move you, it's least painful for everyone.

[dj1971]

Hi EmMil,

 

No surprise that the outcome of their "investigation" was not the one you wanted. They are not going to admit to wrongdoings that may expose them to legal action at a later date and of course they were always going to cover up your managers shortcomings. This must feel really frustrating, I remember what it felt like when the same thing happened to me.

 

In my opinion it is decision time for you now. What is the best outcome for you? You have indicated that you do not want to return to the same position to be working under the same manager. It does appear they are not willing or maybe do not have another position to transfer you to. So as I see it you have two options:

 

1) Submit an appeal against the grievance outcome which will probably not change the outcome, but bring you one step closer to being in a position where you may be able to resign and claim constructive dismissal. However this is a notoriously difficult claim to prove and the stress of going through the employment tribunal process is a big undertaking.

 

2) You try to reach a compromise agreement with your employer. This would definitely need some of the more experienced caggers here to advise you, but if you are adamant you cannot return to working for your current manager this may be an option worth exploring.

 

The only other thing I would say is make sure you have someone with you at the meeting with your regional director.

 

Good luck

 

DJ

[Emmzzi]

DJ I donlt think it's a formal meeting so no right to be accompanied

 

I'd take obvious copious notes

[dj1971]

Thanks Emmzi,

 

Is there not grounds for requesting a support person to attend here?

 

DJ

[Emmzzi]

Can't see why. Also I personally would not make you a settlement offer in front of your witness so might be shooting yourself in the foot a bit there.

[dj1971]

Ok, good point Emmzi.

 

Did not think of that one.

 

DJ

[Emmzzi]

I'd probably get fixed in my head the legal minimum payoff inc holiday pay and notice period and have an idea in my mind what I wanted on top ( within reason)

[EmMil]

A quick question, do i have to appeal the grievance should this go to a tribunal? I received the notes today by post which now includes my managers replies to questions she had been asked. Very basic questions which not even touch the surface. She seemed to be painting a picture that we have a 'great relationship' even mention hugging me once... it also said ' questions by email' ..So she had more time to compose a response i take it..anyway the appeal person is director who had 'told me off for resigning' and called me back to work...he had also accused me of being 'hot headed'. It was his decision that has put my back in this position with my manager. Can I request the appeal person be changed because I do not feel i will get an unbiased appeal hearing?

[altobelli]

You can also put in a personal injury claim for stress, and you don't need to resign to do this.

[EmMil]

Emmzzi : Last time they offered me my job back or offered Pay In Lieu of notice (so then for me it was 6 years of servive ) +holiday when I handed in my notice.. but i chose my job back ... they also gave this option if i was not satisfied with new location...... they are massive co. but will do same....the grievance listed - 1. unfair treatment and 2. breakdown of trust and confidence . im now struggling to write an appeal letter as the appeal must be done in 7 days however the meeting scheduled on monday is 1 day before this expires hence i do not know if i will be offered a transfer away from my manager until monday. If i am, i wont appeal as again it will be mostly her word against mine, on the other hand I am still preparing something and on monday will follow dj's advice as stated below if they are sending me back to my current store after being signed off for work related stress for 6 weeks..

 

"In my opinion it is decision time for you now. What is the best outcome for you? You have indicated that you do not want to return to the same position to be working under the same manager. It does appear they are not willing or maybe do not have another position to transfer you to. So as I see it you have two options:"

 

lets speculate :say they offer a compromise agreement or even this PILON+hols, and i talk to potential employers ' how do i explain my reasons for leaving the job 'to be unemployed' or job hunting, thats the scary part as its always easier to find a job when you are employed than unemployed..so many thoughts..

[Atlas01]

your employer will never openly admit to a breakdown of trust and confidence as they will legally be admitting to constructive dismissal or breach of contract

 

whether your grievance is sound or not i'd expect it to not be upheld in any form of words you will like at best, if you have a good case they may offer movement for you

[Emmzzi]

"left by mutual agreement."

 

implies they broke the law but you cannot discuss as subject to CA. well known short hand.

[EmMil]

just an update, the meeting yesterday with the regional director was just us. he wanted to analyze grievance outcome and gave feedback about how little i gave in grievance meeting and it was attributed to the fact i was just returning from bein sick (i broke down and crumbled apparently, blank in parts, very general, i was told i needed to not be so general but give specifics e.g dates, times, witness, something for him to go away and probe deeper. was also told it would have been easier to handle informally)

 

Now I was asked how would i feel with a mediation meeting with me, the manager and the him? he also added that we could get an independent person but feels its best we sit together and put it all on the table. i do not have to agree to anything i was told. i asked when? he said today tuesday. i said too early i would need to think about it, send me details through. so decision was for friday and id think about it and get back to him.

 

And the usual, you are a 'brilliant manager' speech, would not want to lose you blah blah blah. i was told nearest vacancy is in location XXXX a bit far to travel , which id have to apply for, he would support any vacancy coming up in next couple of months blah blah blah.

 

I got message today stating where we can informally meet on friday. despite all the stress this has put me under i have decided i will not be afraid and crumble. i will go to this mediation to further put my points across. after a year, my manager wont change, that is her 'management style'. At This meeting, because her boss will be there, wont be no different.

 

I also want to ask any caggers on here for some help with my appeal letter to the vice President of Operations today (sorry abt short notice). i want to add that should outcome of transfer not be favourable I will resign. with all that in mind deadline for appeal is today. would i be shooting myself in the foot to do that?? not sure why they cant move managers around in neighbouring district. my store is profitable and highly sought after by managers. you would think that is the right thing to do to save a 'brilliant manager'

 

shoutout to anyone out there who can help me with this today. also do i have to list out the reasons for appeal now or take that to appeal meeting?

 

Regards

 

EmMil

[Emmzzi]

yes, you would be shooting yourself in the foot saying you would resign. Don't do it.

 

Go to mediation with an oprn mind. You are completely prejudging the situation so it is currently bound to fail.