Employment : Disciplinary resulting from Grievance

[Planner]

Hope you can help.

 

I submitted a formal grievance about another employees conduct. Their actions where such that under company policy they would be dealt with via the formal disciplinary procedure - this was known prior to the grievance meeting. At the grievance meeting it was confirmed to me again that the person would be dealt with under the formal disciplinary procedure. I have just received the letter reporting the outcome of the meeting - they simply confirm that the person will/has been dealt with under the disciplinary procedure but don’t say how i.e. nothing done; slap on the wrists; verbal warning; written warning; other - do I have a right to know the specific outcome?

 

Thanks

[elpulpo]

Hmmm. A moot point. I'd say no.

I'd say that the employer is entitled to keep the exact sanction private, and that the employee has a right to that privacy.

What's pertinent is whether the disciplinary action has the effect of addressing the employee's conduct. I'd advise you to keep careful record of how this person has behaved (presumably towards you?) and how they now continue to behave.

How serious is this persons conduct? Acts of unlawful harassment?

[Planner]

Im a little worried about saying - dont know whos reading but!:

 

I think its harrassemnt based on one of the protected charateristics in the Equality Act - five or six written comments about me over a 18 month/24 month period, which have recently come to light (in combination with 15 more written comments by people who have recently left the company). I found a couple of them about 6 months ago but gave the people involved the benifit of the doubt - with the landslide that I have recently discovered I submitted a greivance.

[elpulpo]

But comments of what type?

"Planner's a bit of a bore and I don't like his/her dress sense" or "He/She's a F**king Paki/Chink/N*gger/Poof/Yid/Polack/Spastic, etc"?

[Planner]

But comments of what type?

"Planner's a bit of a bore and I don't like his/her dress sense" or "He/She's a F**king Paki/Chink/N*gger/Poof/Yid/Polack/Spastic, etc"?

 

The later - nicknames and name calling refering to the particular protected characteristic (not age)

[elpulpo]

Well, if this person's guilty of making comments that amount to unlawful harassment, they should have been subject to a severe disciplinary sanction. Lucky not to have been dismissed.

So, as I said, monitor their behaviour and if there is any further occurance don't hesitate to report it.

Unlawful harassment is a definite 'yellow card' (in fact, that's lenient), after which the sanction should be 'red card'. If your employer fails to address this behaviour, they're failing in their duty towards you.

[Planner]

Cheers for your help. I am going to submit an appeal mentioning that I would like to know what the sanction was. I also have a number of other issues about how the company have dealt with the compalint etc (its all a bit of a white wash). I do feel quite strongly about it and really am thinking of taking it further - I have been lucky to have this week off on special leave as I have been very upset. I am reluctant to post the details at this stage but will provide an update once I have the outcome of an appeal - maybe you and others can assist me further then.

 

Thanks again.

[elpulpo]

Well, grievance is what you need to submit. I'm not sure they'll tell you what the sanction against this person was.

Are you sure you've communicated exactly how offensive this persons behaviour was? How much detail did you give?

[Planner]

Well, grievance is what you need to submit. I'm not sure they'll tell you what the sanction against this person was.

Are you sure you've communicated exactly how offensive this persons behaviour was? How much detail did you give?

 

I am on to the Appeal now. We sat doen in the grievance meeting and read the large number of comments with me pointing out (although it wasnt necessary!) what I found offensive. I made it very clear that I was deeply upset by it all etc etc - hence the granted weeks special leave.