should employer identify colleague who reported me for looking tired

TELLIT01

No, the company should not name the person who reported their concerns about your condition. You say you were reported for 'looking tired', if the person who reported you thought you were potentially a danger to yourself or others because of that, they were doing exactly the right thing.
You don't say what your job is but if it involves driving, using machinery or any kind of sharp implement the person reporting you definitely did the right thing.
They raised their concerns, if those concerns were unfounded there is nothing to be worried about is there?

tir21

Just found this advice from an employment law website

"If it turns out that a colleague has raised a false grievance against you or made malicious allegations then you could have grounds to raise a separate grievance against them"

If its a false grievance against me then how could I raise a grievance about them eithout them being identified

tir21

keitht53 wrote: »

No, the company should not name the person who reported their concerns about your condition. You say you were reported for 'looking tired', if the person who reported you thought you were potentially a danger to yourself or others because of that, they were doing exactly the right thing.
You don't say what your job is but if it involves driving, using machinery or any kind of sharp implement the person reporting you definitely did the right thing.
They raised their concerns, if those concerns were unfounded there is nothing to be worried about is there?

It could be regarded as victimisation if everyone looks tired at the end of a shift but only one person is reported for looking tired

How is anyone not supposed to look tired at 8am without having slept for the previous 10 hours

How can it not be malicious to report someone for looking exactly as one would expect them to look after working a night shift

I don't know if any of you have done shift work - but it is tiring. There is no escaping from that fact

Bantex_2

This may supply some context.

It would appear OP is "hard work"
https://forums.moneysavingexpert.com/discussion/4997250

Another_not_new_user

tir21 wrote: »

Just found this advice from an employment law website

"If it turns out that a colleague has raised a false grievance against you or made malicious allegations then you could have grounds to raise a separate grievance against them"

If its a false grievance against me then how could I raise a grievance about them eithout them being identified

You appear to have failed to read the rest of the site you quote: http://www.slatergordon.co.uk/media-centre/blog/2013/07/my-colleague-has-raised-a-grievance-against-me-what-should-i-do/
Especially the bit about the employer having a duty to listen to all employees as well as you. You have to read it all, not just the bits you like.


Victimisation only exists if the complaint is based on a proscribed discrimination, or the exercise of a statutory right. Which of these are you claiming?


And sorry, but if the employer is treating this seriously, which you suggest that they are, then there is more to it than simply "looking tired". Not even the daftest employer thinks "looking tired" is a disciplinary offence or something worth investigating, so there is more to this than what you are saying.


And actually, being awake for ten hours really isn't a big deal. Most people are awake for ten hours at a stretch. Shift work is a red herring - you can sleep before the shift if that is what you need to do, just like other shift workers do.


You just keep ducking the issue. Whether you are right or the employer is right is not relevant. There are too many issues constantly being raised. You clearly don't think your employer is competent. And it may be that the feeling is mutual. This will not end happily, so simply saying that you will not look for another job isn't realistic.


And did you ask Marsha Thompson how much she would charge you for legal advice before drafting a grievance letter which (a) you do not need legal advice for and (b) won't get you anywhere because there is NO legal case to be had out of "my employer investigated a complaint about me looking tired"? You cannot take legal action over a grievance - people have a right to raise concerns with their employer, and the employer is expected to treat their concerns seriously, but that does not mean they have to name names, nor that they have to find in their favour. Or in your favour either.


Do yourself a favour. If you wish to stay in this job, which you appear to wish to do, stop appearing on the employers radar.

Gavin83

tir21 wrote: »

Why - if someone has been reported a few times for silly things and they suspect victimization, why shouldn't ones accusers be identified?

The alternative is to leave an employee suspicious of all their coworkers

If someone is reporting someone repeatedly for silly reasons that is up to the management/HR to deal with.

If someone is genuinely doing something wrong it may well put people off of reporting it if they know the accused person will be told who did it. They could fear retaliation. If the employee is suspicious of all their co workers than thats their issue they need to deal with.

I believe most companies offer an anonymous whistleblowing policy (mine certainly do) which allows you to report issues without being known to anyone.

tir21

Another not new user

Thanks for your input and I know you are trying to be helpful but I don't think it's quite right when you say:

"Victimisation only exists if the complaint is based on a proscribed discrimination, or the exercise of a statutory right."

The following is from citizens advice website

"If you have complained about discrimination and feel that you are being singled out for treatment that is different from others doing a similar job – in other words, you feel ‘picked on’ because of the complaint, it is victimisation.The difference is that while discriminatory actions are possibly based on, for example, age, disability, race, religion, sex or sexuality, victimisation is unfair treatment because of other issues.!"

If you were right in what you say then it would be the case that simply bullying someone because you don't like them would not be anythig an employr could do anything about

tomtontom

tir21 wrote: »

Because in a job where many of us work 10 hours overnight then everyone looks tired at the end of a shift

Why report me for looking tired and not anyone else?

If you are accustomed to shift work you should look no more tired at 8am than someone finishing a day shift at 4pm. If someone believes they have a legitimate concern then they were right to raise the issue.

What was the outcome of their report?

tir21

You make some interesting points but when you say

And actually, being awake for ten hours really isn't a big deal. Most people are awake for ten hours at a stretch. Shift work is a red herring - you can sleep before the shift if that is what you need to do, just like other shift workers do.

I think you are being incredibly short sighted. Staying awake all night over long periods of time would from current research appear to be a pretty unhealthy thing to do. Youve got to remember that we have evolved over quite sometime to switch off when it gets dark. There is a lot of brain chemistry involved in trying to make you go to sleep that needs to be overcome at 3am in the morning

Consider that there is research that fenale shift worker are at increased risk of developing breast cancer compared to non shift workers. Weight gain and diabetes are also linked to shift work I believe

You just keep ducking the issue. Whether you are right or the employer is right is not relevant. There are too many issues constantly being raised. You clearly don't think your employer is competent. And it may be that the feeling is mutual. This will not end happily, so simply saying that you will not look for another job isn't realistic.

I think you are getting a bit carried away. Expressing concern that a coworker singles me out for looking tired is not anything that need lead to my leaving the company. It could be seen as a positive step to get this issue out in the open rather than letting it fester

RichardD1970

tir21 wrote: »

I don't know if any of you have done shift work - but it is tiring. There is no escaping from that fact

I work permanent nights, 7:45pm - 6am doing a hard, physically intense job and I don't think any of us look particularly tired when going home.