Grievance procedure - what can I do?

Another_not_new_user

goldbyron wrote: »

Hi - thanks for all the posts, they are helpful to read.

In response to a couple of posts - all my friend is requesting and wanting is a transfer to another team, even if on a lower salary. This would peacefully resolve everything. My friend does not want to enter any legal proceedings - this was a last resort as it looked like the LA was just ignoring the grievance. Even in negotiations with ACAS the request was only for a transfer which they wouldn't commit to. They don't want any compensation at all unless they are 'forced back' to their old team as they will have no option but to leave. They have suffered psychiatric injury (anxiety and depression) which could be evidenced by GP/medication prescribed and a referral was made for CBT - all after this started. Don't even go there. Evidence of a mental health disorder is not the same thing as evidence that the employer caused it through negligence. The employer will argue, almost certainly successfully, that he is simply "weak-minded" and unable to cope with the sort of pressure everyone else manages. You describe this as being an outcome of cuts and restructures due to cash savings. I think everyone gets that, but the fact is that does not evidence that the employer is responsible for negligently managing the work. It needs doing and others are doing it. Some can't. They are the dead wood. That isn't my argument - it is the governments and a pretty large amount of the general populations. Proof of responsibility for mental health injury requires a significant level of detailed evidence as to the actions of the employer being a direct AND ONLY cause. That won't happen. Not even his doctors will stand up in court and say that. because they can't prove it.

In terms of OH - I agree the question is a bit daft. They have consistently advised that my friend will incur further sickness if their recommendations are not implemented, which the LA ignored sadly. The recommedations were very basic and just matters like one to one supervision (which is procedure anyway) but the team still failed to implement. Funnily enough my friend has been receiving one to one in the temporary placement and has no problems in this work space.

As for competencies, my friend has been in the team for 11 years with no issues raised and has consistently produced a high turnover of work. So if there were issues about performance they weren't raised. The only change has been the cuts and re-structuring of the team members which has introduced different line management (who have also been in the team for many years but in a different structure). The cuts have of course added more casework pressure and my friend, who is deemed capable previously, was gradually given a higher caseload of work. There have also been issues of sickness in the team elsewhere and two staff members left in the last two years due to pressure/management giving an indication of the issues.

I hope that a couple of you are correct in that a transfer is standard and will be considered. I don't think it would help anyone for my friend to return and a transfer would settle everything.

You really need the union involved in seeking this solution. It still isn't necesssarily a fast process - the very cuts that you mention means that often there are no vacancies no to transfer people to. But vacancies become available, or arrangements can be made. The union is best placed to get that to happen and to smooth the way. Use them to do it.

goldbyron

Thanks both.

Philanthropist - I am assuming you are in employment law, do you have any recommendations for good firms in the London area you can PM me if it needed to resort to this?

Another_not_new_user

goldbyron wrote: »

Thanks both.

Philanthropist - I am assuming you are in employment law, do you have any recommendations for good firms in the London area you can PM me if it needed to resort to this?

An interesting assumption based on a vague hint intended to make people assume exactly that. How do you know what experience I have or how many people I have represented, since I did not brag about it to bolster my advice.

You should NEVER assume anyone is what they claim to be on this site or anywhere else. I would certainly not, based on their posting history, assume the poster has any real knowleedge of employment law. If you know nothing, how do you judge that?

You also (a) never ask for recommendation - no serious professional would do that on a site or PM someone a recommendation and (b) if you go to a lawyer your friend kisses goodbye to ANY help from the union. End of. You cannot have two representatives. You pay your own lawyer, or you use the union and their resources (which includes lawyers when necessary).