Possible unfair interview during restructure process

determined_new_ms

Hi I am asking for some general advice. Yesterday I found out I was not successful in my application for the post I have been doing for the last year as a FTC. When I was initially taken on I was told the reason it was a FTC was that is how they recruited staff because the company was to announce a restructure and also that is how they appointed staff at my level and above. I was told at the end of the year I would be converted to a perm contract. Bad advice and the person who recruited me no longer works for the company.

When the restructure was announced, and as my role was FTC the conditions for me were slightly different to those at risk with perm contracts. I had to wait for the first round of recruitment for my role and wasn't allowed to apply because as it was ring fenced for those at risk at my level or above. Fair enough, when no one was appointed the roles were advertised internally and I could express an interest. Following this meeting I had a supervision meeting with my acting manager the Head of Service who advised me it was her intention to confirm me in post once the restructure was implemented. She asked me if I was looking for other work, and at the time I was overwhelmed with work as I manage a large area, 20 members of staff and our department had a number of vacant posts including my senior. I told the HoS this and she said good she would keep me busy so I didn't apply for other work and leave.

There were 2 positions being recruited and two people, me and a colleague were interviewed. We are both doing the same role currently but in different areas of the South. I have been doing my role for just over a year, and have 7 years experience of management. There has never been an suggestion that my conduct or performance is anything other than of a high standard. My counterpart is currently seconded into the since January and this is her first experience of management.

The interview went well, out of 10 questions there were 2 areas that I am not expert in but answered as best as I could. Leaving the interview I felt confident. Following the interviews my counterpart and I debriefed and by and large a lot of the questions we answered in a similar vien.

Yesterday I was in a meeting with my counterpart and another and we had gone to lunch when I received my call to say I wasn't successful at the same time she received her call to say she had been offered the post. We were sitting at the table together. She was asked to keep this confidential and not tell me.

I feel that I have not had a fair process and the decision was made not based on the interview. I have contacted HR today and advised I am lodging a appeal of the decision.

I asked to be provided with copies of the interview notes. She was being very evasive saying this wasn't the usual practice and it seemed to me she was actively trying to dissuade me from this. However I reminded her under data protection I was entitled to see any written documents that relate to me. At this point she acknowledged I can make this request.

I have requested to have an independent review of the interview notes for myself and my counterpart to ensure due fairness has been applied. I have doubts that anyone in the company can be impartial for many reasons. And wonder who I can ask to do this as I do my trust the organisation or anyone in it at this point.

One of the reasons I am mistrusting of the organisation is a few months ago I had to instigate an investigation regarding one of my members of staff. I had to commission another manager at my level to conduct the investigation. This member of staff had a disciplinary 2 1/2 years ago and it was upheld. It is a very serious issue, I only have some information about the original disciplinary but it does seem like it was heavy handed and unfairly dealt with. There was a death of a customer (I work in supported housing) and the staff member was found to be negligent and received a final written warning. However there is also evidence to support the staff member who was very new to the organisation was raising her concerns with her superior and was not receiving the support that was necessary to address the serious concerns for this customer. When I was liaising with the HR consultant at the time she verbally told me to tell the investigating officer about the previous disciplinary but to do this verbally and not in email/writing as there would be an audit trail. The Disciplinary Procedure states after a year following a sanction records will no longer be held and would not be considered if there were to be a subsequent investigation.

I told the HR consultant this and she immediately became very defensive, was raising her voice at me, saying she had a witness in the room, she understood I was upset but my comments were inappropriate and she was ending the conversation. I am upset obviously but I was not acting upset, or saying anything other than my concerns and reasons for them.

Any thoughts & advice would be appreciated

determined_new_ms

Sorry for war and peace!

elsien

I'm a bit confused - if there were 2 positions being recruited and 2 applicants, have you not both got a job? Or have you been confirmed in your initial role, but wanted the other one, or have you not got the job at all?


Tbh if your lack of trust in the company is so high that you're wanting independent reviews and don't believe a word anyone says, why are you wanting to carry on working for them?

determined_new_ms

elsien wrote: »

I'm a bit confused - if there were 2 positions being recruited and 2 applicants, have you not both got a job? Or have you been confirmed in your initial role, but wanted the other one, or have you not got the job at all?


Tbh if your lack of trust in the company is so high that you're wanting independent reviews and don't believe a word anyone says, why are you wanting to carry on working for them?

That's how I feel, I don't intend to stay after my current contract even if the review upheld my grievance. However I feel it is my right to exercise this process and ask for a review that the stated processes were followed.

In response to your question. You are right there are 2 vacancies. Both of us went for our own jobs. Mine is now vacant and my contract will come to an end in 4 weeks. I assume the role will either be offered to someone rather than redundancy or recruited externally

imoneyop

So you applied for a job, had an interview and didn't get the job and you want to complain about it?

Life's too short - concentrate on finding a new job for when the current one ends in 4 weeks, rather than wasting your time moaning. And don't forget, you'll be wanting a reference from this company soon, so why rock the boat.

determined_new_ms

they can't give me a bad reference because I have raised concerns I was treated unfairly. All I am asking for is for this to be looked into and hopefully be reassured my concerns are unfounded, or if they are founded for the organisation to look at their senior staff's conduct. It feels like it just doesn't all add up

I take your point, and I do intend to do this. So far I have applied for 2 jobs last night, and have taken the today off as I am upset to give myself a chance to update my CV register with agencies etc.

Lioness_Twinkletoes

I am struggling to see how you will prove the interview panel have behaved unfairly. Even if you and your colleague gave more or less the same answers, they could state that they felt your colleague was more confident/gave more rounded responses/had more experience (esp. as she is already in post). Interviews are much more than right answers. Two candidates could give exactly the same answers, but one might come across better than the other. Plus, you've already said that you were weak with two of the ten questions - obviously she wasn't!

I agree, you should forgot about it and move. It does smart when you fail to get a job you've set your heart on, but there is nothing to be gained from this. You're weren't the best candidate.

elsien

What outcome are you actually looking for?
Did you ask for formal feedback before launching into the grievance/review procedure?

An acknowledgment that you've been treated unfairly is unlikely unless they've said anything particularly stupid on the interview notes. And unless you have some sort of case for discrimination (which you've given no evidence for) then I'm not sure how you'd be able to take them to task anyway.
You don't want the job anymore, you do need a decent reference, my advice would be to let it go and move on.

determined_new_ms

Lioness_Twinkletoes wrote: »

I am struggling to see how you will prove the interview panel have behaved unfairly. Even if you and your colleague gave more or less the same answers, they could state that they felt your colleague was more confident/gave more rounded responses/had more experience (esp. as she is already in post). Interviews are much more than right answers. Two candidates could give exactly the same answers, but one might come across better than the other. Plus, you've already said that you were weak with two of the ten questions - obviously she wasn't!

I agree, you should forgot about it and move. It does smart when you fail to get a job you've set your heart on, but there is nothing to be gained from this. You're weren't the best candidate.

That's not what I meant if that's how it read. I have been in post for 1 year and have 7 year's experience of management in this field. My counterpart is definitely not as confident as I am and I have this knowledge first hand from the people who interviewed and appointed me to my role - she was interviewed for my role a year ago when I did and was appointed. One of these people was our line manager who no longer works for the organisation. She appointed her in January.

I know for a fact she struggled with these questions also, and one gave an identical answer to me. The questions were around budget setting. I am responsible for setting the budget for a number of services within my remit. As does she. I have been doing this for the past year, but also have budget monitoring experience for several years. My counterpart has been doing this aspect of the role for 4 months and has received no support guidance or training.

As I say I know the interview was good, I am good in interviews - being either side of the panel, and you just know when an interview has gone good or not

Lioness_Twinkletoes

determined_new_ms wrote: »

That's not what I meant if that's how it read. I have been in post for 1 year and have 7 year's experience of management in this field. My counterpart is definitely not as confident as I am and I have this knowledge first hand from the people who interviewed and appointed me to my role - she was interviewed for my role a year ago when I did and was appointed. One of these people was our line manager who no longer works for the organisation. She appointed her in January.

I know for a fact she struggled with these questions also, and one gave an identical answer to me. The questions were around budget setting. I am responsible for setting the budget for a number of services within my remit. As does she. I have been doing this for the past year, but also have budget monitoring experience for several years. My counterpart has been doing this aspect of the role for 4 months and has received no support guidance or training.

As I say I know the interview was good, I am good in interviews - being either side of the panel, and you just know when an interview has gone good or not

You don't 'know' how she performed in the interview; you weren't there. What she has said afterwards may have no bearing. When asked, post interview, about questions answered I often forget stuff I said or was asked.

Your perception of how your interview went may also be skewed. Often, I've thought I did great and not got the job and vice versa.

Just bear in mind that there is lots you don't know - like how well she came across in the interview, exactly what answers she gave, or how well you performed in the eyes of the interviewer. Oh and remember - it doesn't actually matter if you did do better than her. She was the one that they wanted to appoint and really, as long as there has been no discrimination in the interview process, I am sure they will be able to demonstrate that she performed better than you. Might be hard to accept you lost out to a better candidate on the day. Perhaps, in the mistaken belief you had it in the bag you didn't do enough to secure the job? Something to consider?

I know how hard it is not to get the job you've set your heart on.

(Text removed by MSE Forum Team)

determined_new_ms

Wow it is hard to hear you make those statements about me, when I am feeling fragile. I didn't lose out to my colleague. There were 2 positions. I was never going for her role she was never going for mine. I am pleased for her genuinely. She is doing a good job and deserves the progression.

I just feel given all of the things I have said in my original post that it doesn't add up, that she was told specifically to keep it confidential and not tell me, that I have first hand had HR advise me things off the record that are in breach of our policies and that makes me feel uncomfortable and want to have the situation reviewed and hopefully I am in the wrong and that's ok. If they didn't want me for the role, that's fine too but why put me through the interview process?

I did work hard for the interview and have given so much to the organisation when our department has been in tatters as several key players left and the workload has increased beyond belief. I have been doing 10-12 hour days at times just to ensure priorities are dealt with.