Can HR take into consideration spurious information?

sho_me_da_money

My FWW has expired. Since my FWW and the other thing, I have passed 6 examinations relevant to my line of work. I am now certified as an XXX, XXXXX, XXXX, XXXXX.

I think I have shown the company a strong/positive reaction since my set backs. Being certified as 4 different titles is just a blob of the bigger picture. I have seriously been involved and succeeded with some major global projects.

I am now being paid a wage that is much lower than what I am certified as being (research based on current listings and market rate).

I can totally understand being penalised for dropping a couple of clangers. But the fact is that the warning has expired, the other issue didn't reach disciplinary and I have worked my socks off to demonstrate my ability.

Am I to assume that trying to repent by coming back strong doesn't mean a sack of crap until the company feels that enough time has passed since these incidents? If that's the case, then I need to move on - I am not wasting another 12 months to be told the same again (probably even more qualified). It's pretty demoralising to know that nothing you do is going to help until their personal feelings are content.

I am not getting younger, and my technical ability could be used to benefit companies that are paying a much higher premium.

Uncertain

sho_me_da_money wrote: »

I am not getting younger, and my technical ability could be used to benefit companies that are paying a much higher premium.

Then I think your best bet is to apply for other jobs. If you get a definite offer then you could (if you think it is the best thing to do) have one final go at getting a new agreement with your current firm.

As I explained before, the firm can discriminate against you in any way they like except for those prohibited by law.

The fact that a FWW has lapsed is only relevant in the context of an unfair dismissal claim. It doesn't mean it has been forgotten - in the real world this is not going to happen.

Emmzi

It's near impossible to remove ideas people have about you. This is the consequence of cocking up. I think it is time for you to move on to another company.

tizerbelle

You are confusing disciplinaries with impressions.

There was an investigatory meeting for something that found there was no disciplinary action required.

You had a FWW for something which is "spent" for disciplinary purposes.

However the fact that you have been subject to these creates an impression of you that you are not mature / reliable / trustworthy / intelligent enough to work in a more senior capacity.

You are not being disciplined by not getting the promotions, based on their revised impression of your character, you are deemed not to be suitable for these promotions / new opportunities.

It will be a long uphill struggle to prove that you have changed and have the qualities they are looking for and until you do that there will not be any increased reward or opportunities.

Your options are:

1. Find work elsewhere where your past behaviour won't be in the back of your employer's mind all the time.

2. Speak to your senior manager(s) and say I know I have screwed up in the past, I want to prove to you I am reliable / responsible etc and that I have changed. How can I do this and rebuild the trust you used to have in me? Thereby taking ownership of the situation that you have created for yourself and responsibility for it.

Hammyman

sho_me_da_money wrote: »

It never got as far as a disciplinary.

The initial investigation was to determine if a disciplinary action was necessary and the outcome was, no it was not.

It came down to a poor lapse in judgement and naivety and the issue was brushed away (or so I thought it was)

The notes of the investigation were made and placed on file for record and administrative purposes.

I have a strong suspicion the investigation notes were spoken of and used to determine the outcome of a promotional opportunity, which I believe is pretty unfair and unreasonable.

Just because they decided disciplinary action was not needed does not mean you were innocent. Rather it means that they decided you had done whatever but the ramifications etc plus your response meant no further action required as there would be no benefit.

zzzLazyDaisy

sho_me_da_money wrote: »

I think I have shown the company a strong/positive reaction since my set backs. Being certified as 4 different titles is just a blob of the bigger picture. I have seriously been involved and succeeded with some major global projects..

You obviously feel strongly about this, but the fact remains that - on the information you have provided - the unanimous advice of the members of this forum is that your employer's actions are not unlawful.

I don't think there is much more we can say.

If you feel strongly enough about this, it is open to you to lodge a formal grievance against the person(s) who made the decision, but that is probably unlikely to change the decision, and is certainly not going to endear you to anyone.

Your alternative is to look for another position where your qualities will be better rewarded.

Mischa8

sho_me_da_money wrote: »

My FWW has expired. Since my FWW and the other thing, I have passed 6 examinations relevant to my line of work. I am now certified as an XXX, XXXXX, XXXX, XXXXX.

I think I have shown the company a strong/positive reaction since my set backs. Being certified as 4 different titles is just a blob of the bigger picture. I have seriously been involved and succeeded with some major global projects.

I am now being paid a wage that is much lower than what I am certified as being (research based on current listings and market rate).

I can totally understand being penalised for dropping a couple of clangers. But the fact is that the warning has expired, the other issue didn't reach disciplinary and I have worked my socks off to demonstrate my ability.

Am I to assume that trying to repent by coming back strong doesn't mean a sack of crap until the company feels that enough time has passed since these incidents? If that's the case, then I need to move on - I am not wasting another 12 months to be told the same again (probably even more qualified). It's pretty demoralising to know that nothing you do is going to help until their personal feelings are content.

I am not getting younger, and my technical ability could be used to benefit companies that are paying a much higher premium.

You can be sure that even though your FWW has *expired* in most companies they will keep this on file and refer to for future reference.

If I worked for a company but say, had been rude to someone else, this got me say a verbal warning, then say I refused to do work, ie written warning - these would ALL be on my personnel file regardless of whether they'd expired or not.

And even if this FWW HAS expired then don't think they can't use the reasonings behind it for not giving you a bonus etc. Do you think these people are completely stupid?

As far as I am aware you've got completely what was coming to you - it was not your only wrongdoing at the company and you've proved yourself due to other posts here being *out for what you can get* by hook or by crook whether due to a disputed estate or an insurance dupe.

Perhaps if you were more honest you'd get further in your career.

Karma eh?! It's not nice is it?? :rotfl:

bristol_pilot

No-one has the right to be promoted nor to receive a discretionary bonus. A poor lapse in judgement and naivety could easily be insufficient to justify disciplinary action and yet cost you promotion/bonus. Disciplinary is for doing something wrong, no promotion/bonus is for not being good enough at your job to receive one - a world of difference!

rchrisp

sho_me_da_money wrote: »

Seriously though, that sucks mucho bumfluff.

I am being denied an opportunity because of something that was proven untrue. In fact, it was three opportunities 1) Promotion overseas, 2) Promotion within UK and 3) Pay rise

Discretion based on non-factual information.

Surely there is a law or system to shows that this is unreasonable and unjust.

Race card is looking tempting.....im joking!

what does it say in your company's disciplinary procedure?

wherever i have worked in the past, if something has been dropped/un-proven, all records must be destroyed, and if referred to again, a grievance can be raised/escalated. i have caught employers out on this many a time when representing staff.

Mischa8

rchrisp wrote: »

what does it say in your company's disciplinary procedure?

wherever i have worked in the past, if something has been dropped/un-proven, all records must be destroyed, and if referred to again, a grievance can be raised/escalated. i have caught employers out on this many a time when representing staff.

Well the OP was investigated in April this year (8 months ago).

He also had a FWW (OP never told us exactly what this was for). In my experience FWW is literally the end of the road so OP got off very lightly with an investifation and no further action.

The OP may well have been investigated and let off in April but there may have been partial/unpartial evidence.

Now would be the time for OP to raise a grievance in relation to that matter but it may well be opening a further can of worms there.

OP works for a large company and I am 99.9% their HR staff would be *up to scratch* on this one.

Read through the rest of OP's posts - he's tried and succeeded in many a con. Sadly his company if he were to leave could only give an unbiased reference and not refuse because based on evidence WE have read here he seems to change stories constantly.

Hence my post - karma.

Obviously he seems to be of the era *these days* where you do a scam and get away with it but sadly his employers are now wise to this. As you would be if you were his employers.