Strangest grievance meeting ever!

GlasweJen · 21 May 2013 at 2:06PM

Background
I had my grievance appeal meeting today. This meeting was to hear my appeal for a grievance I lodged in September with my old work. I'd requested some reasonable adjustments that had been previously put in place be restored as my new manager had decided they were no longer needed and I was struggling to work.

The outcome of my first grievance was sent in December and stated that since my grievance meeting had been heard in November my work place had been adapted again and as far as HR were concerned all was ok.

My appeal stated that not only were the adjustments not put into place I was also experiencing bullying from my manager.

I resigned in February after being off sick for over 3 months.

So today I met with the Grievance manager who took my appeal letter and went through it point by point. I recorded this interview covertly as I have been promised notes from my last meeting for 6 months and not seen them yet!

Anyway the manager had never met me before and at the start of the meeting she asked me what more I had expected the company to do. I outlined a typical day at work and then a day without adjustments and then to my utter astonishment she produced work in the format id requested as evidence that the company had put a certain adaption in place - problem was it wasn't mine!

When I told manager this she was surprised and listed a load of stuff that HR had been told was in place but that clearly wasn't! HR were trusting manager to be honest and he had completely pulled the wool over their eyes. I was offered my old job back with the adjustments but I don't feel I can trust this company again.

I am so knocked for 6 just now I don't know what to do. I have clear evidence from the notes (I got a copy) and my recording that this business stood back and let me be bullied by a manager on the grounds of my disability and no one thought to come and physically check my work place for the adaptions even when my GP signed me off sick.

Does anyone have any advice?

maninthestreet · 21 May 2013 at 2:11PM

They've offered you the job back, but you don't want it???
Time to move on now?

GlasweJen · 21 May 2013 at 2:12PM

I should say that I have a new job paying better with a different company now and that I am very happy there so I don't really want to return to my old work.

I asked HR to look into my sick pay as I was not paid CSP and feel that under the circumstances I should have been but the way she spoke I'm not holding out much hope for that.

Financially I was ruined between January and March, they deducted from my SSP in January and paid me £200 for that month which was actually a negative tax as they deducted more than I was actually paid.

I am debating wether to lodge a constructive dismissal claim. I understand I couldn't use my recording as evidence but could use a transcript? Problem is I feel bad doing this now that I know HR weren't aware of the situation as they had been manipulated by the manager.

harrys_dad · 21 May 2013 at 2:21PM

I think you need to decide exactly what you do want, if you do not want your job back. Presumably some compensation for loss of earnings during Jan to March. you could lodge a "constructive dismissal" claim, although these are notoriously difficult, if you were employed there for more than two years. Your issue is with the company as a whole, so do not get distracted by the "manager v HR" thing. it is up to HR to sort out the manager.

It might be worth writing to HR, enclosing your "best memory" of the meeting (in reality your transcript), and asking them to consider financial recompense for the period in question. I would not at this stage mention "constructive dismissal", although you will need to be aware of time scales for initiating a claim.

harrys_dad · 21 May 2013 at 2:22PM

Oh, and if the issue is over "reasonable adjustments" HR will be running scared if you mention the Disability Discrimination Act.

GlasweJen · 21 May 2013 at 2:42PM

Thank you.

Can I check, does the 90 day count down for tribunal start from the day I handed in my notice or my last official day at work?

Takeaway_Addict · 21 May 2013 at 2:44PM

You know CD cases are virtually impossible to win right?

You should have had a clear idea what you wanted from this meeting. If you want the sick pay back dated then you should have made it clear that this would complete your relationship between the both entities.

I have to agree with above though, move on and let it go now IMO

paulineb_2 · 21 May 2013 at 2:46PM

No idea, there is guidance on the employment tribunal website though and probably on direct gov. When I went to tribunal my claim was lodged as soon as the incident I was detailing at work happened to me.

If its constructive dismissal I would think it would be 90 days from the date you handed in your notice, but I could be wrong and there are people on this site who will know better than me

If you call ACAS or the tribunal office nearest you, Im sure they would be able to let you know the date you have to have the ET1 submitted by

GlasweJen · 21 May 2013 at 3:23PM

I can't say much about the detail because my role is quite unique and I will be easily identifiable but I am 90% sure that my former employer would not allow my claim to become public as they couldn't afford the bad press it would bring.

I also have HR on tape saying that she was embarrassed at the mess they made dealing with me and shocked that I managed to survive so long in that environment.

ohreally · 21 May 2013 at 6:14PM

GlasweJen wrote: »

Problem is I feel bad doing this now that I know HR weren't aware of the situation as they had been manipulated by the manager.

You've been shafted, bullied, left in financial ruin, attended a hearing in which the employer had failed to verify their position and you feel bad because HR alledge they had no knowledge of unfolding events - they are either incompetent or have deliberately failed their duty of care towards you. Its their job to be aware, especially if there have been persisting issues placed on their radar.

It's time to reappraise your position, make a decision on what you want and make in-road into developing a plan of action with which to go forward.

Re admission of recordings...http://forums.moneysavingexpert.com/showpost.php?p=59201057&postcount=8

CFC · 22 May 2013 at 12:34AM

GlasweJen wrote: »

I should say that I have a new job paying better with a different company now and that I am very happy there so I don't really want to return to my old work.

I asked HR to look into my sick pay as I was not paid CSP and feel that under the circumstances I should have been but the way she spoke I'm not holding out much hope for that.

Financially I was ruined between January and March, they deducted from my SSP in January and paid me £200 for that month which was actually a negative tax as they deducted more than I was actually paid.

I am debating wether to lodge a constructive dismissal claim. I understand I couldn't use my recording as evidence but could use a transcript? Problem is I feel bad doing this now that I know HR weren't aware of the situation as they had been manipulated by the manager.

Perhaps send a letter to HR stating that as closure to your grievance (which is going to be surely upheld) that you want your sick back pay rather than an offer of reinstatement, as you have lost trust and confidence in them?

Strangest grievance meeting ever!

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