Employer HR sabotaging my grievance

SaveSomeMore_2

I raised a quite high profile grievance against my employer (which would shame them quite badly and cost them a hell of a lot in money to rectify as it actually affects many employees, not just myself). My union is appalled and on my side but my employer stubbornly rejects any wrongdoing.

I had an initial hearing which was rejected without any defence or evidence of investigation being provided (just a sparse and poor "we disagree, appeal if you want") and I have circumstantial evidence suggesting HR have been deliberately trying to scupper my grievance and appeal (causing unnecessary delays, hiring complete novice/inexperienced hearing managers/staff, deliberately playing ignorant claiming not to understand what I ask, breaching official grievance policy with timescales, bending the rules with their own HR policy, making threatening statements about their "vast" legal team to put me off etc).

I'm at a loss what to do really. I cannot afford solicitors or a tribunal, and it is clear to me I'm not going to get a fair and impartial appeal hearing. Plus because of them causing delays and this going on for more than a year now my chances of even getting a tribunal or claiming constructive dismissal are slimmer. Plus I'd be scared of consequences in bringing a tribunal (as it would definitely go public), being marked out as a traitor or difficult (to my current or future employers).

What they are doing is unquestionably wrong, and most probably illegal (I'v done the research and at best they are being very flexible with the law) but as they are such a big company I feel powerless. The problem is as my grievance is largely about HR practice/decisioning, and as HR handle all grievances, how can I trust impartiality? I can hardly raise another grievance against their work!

For closure even if not for resolution (I don't even care about the money now, even though it is thousands at stake, it is the principle that angers me), I'm considering writing a letter just outlining my situation to one of the executive board to bypass HR, as he has some knowledge of me due to good work that I have gone the extra mile on which has got me locally recognised (all in spite of my grievance going on in the background!). Could this get me in big trouble though? The company "claim" to have a strong ethics commitment, surely worst case scenario I could argue I was just under the mistaken belief I was doing the right thing for the business (making it more ethical/suggesting improvements)?

tomtontom

Look for another job.

From what you have said your card has been well and truly marked, if you don't leave of your own accord you're likely to be managed out. I would jump before you are pushed.

SaveSomeMore_2

tomtontom wrote: »

Look for another job.

From what you have said your card has been well and truly marked, if you don't leave of your own accord you're likely to be managed out. I would jump before you are pushed.

Thanks, its been something I've been considering.

Funnily enough though locally (at the site I work) I have an excellent reputation and am hailed as a bit of a model employee (beating targets, implementing successful changes, winning local awards etc), so it is not like they could subtly get rid of me (it would be an obvious tactical dismissal and attract attention). It is really externally based HR where all the problems lie.

theoretica

Talk to your union and get their backup/advice - they have a legal team too.

DKLS

Sounds like the HR dept are doing what they are paid to do: protect the company.

Tread carefully OP and never trust HR, they are not there to help you past induction.

Takeaway_Addict

SaveSomeMore wrote: »

I raised a quite high profile grievance against my employer (which would shame them quite badly and cost them a hell of a lot in money to rectify as it actually affects many employees, not just myself). My union is appalled and on my side but my employer stubbornly rejects any wrongdoing.

I had an initial hearing which was rejected without any defence or evidence of investigation being provided (just a sparse and poor "we disagree, appeal if you want") and I have circumstantial evidence suggesting HR have been deliberately trying to scupper my grievance and appeal (causing unnecessary delays, hiring complete novice/inexperienced hearing managers/staff, deliberately playing ignorant claiming not to understand what I ask, breaching official grievance policy with timescales, bending the rules with their own HR policy, making threatening statements about their "vast" legal team to put me off etc).

I'm at a loss what to do really. I cannot afford solicitors or a tribunal, and it is clear to me I'm not going to get a fair and impartial appeal hearing. Plus because of them causing delays and this going on for more than a year now my chances of even getting a tribunal or claiming constructive dismissal are slimmer. Plus I'd be scared of consequences in bringing a tribunal (as it would definitely go public), being marked out as a traitor or difficult (to my current or future employers).

What they are doing is unquestionably wrong, and most probably illegal (I'v done the research and at best they are being very flexible with the law) but as they are such a big company I feel powerless. The problem is as my grievance is largely about HR practice/decisioning, and as HR handle all grievances, how can I trust impartiality? I can hardly raise another grievance against their work!

For closure even if not for resolution (I don't even care about the money now, even though it is thousands at stake, it is the principle that angers me), I'm considering writing a letter just outlining my situation to one of the executive board to bypass HR, as he has some knowledge of me due to good work that I have gone the extra mile on which has got me locally recognised (all in spite of my grievance going on in the background!). Could this get me in big trouble though? The company "claim" to have a strong ethics commitment, surely worst case scenario I could argue I was just under the mistaken belief I was doing the right thing for the business (making it more ethical/suggesting improvements)?

If they union are with you why will they not take it to a tribunal on your behalf?

Takeaway_Addict

SaveSomeMore wrote: »

Thanks, its been something I've been considering.

Funnily enough though locally (at the site I work) I have an excellent reputation and am hailed as a bit of a model employee (beating targets, implementing successful changes, winning local awards etc), so it is not like they could subtly get rid of me (it would be an obvious tactical dismissal and attract attention). It is really externally based HR where all the problems lie.

Funny how this is always the way....

ohreally

Have you asked a full-time union officer to arrange a meeting to discuss way forward and to offer an opinion on legal representation?

Since your relationship is moribund I would be making a point of getting an exit strategy asap.

SeduLOUs

If they are a regulated business, or is there some other authority who might be interested in your concerns? i.e. the council, the HSE, CQC, HMRC?

In most cases raised concerns would be anonymous, although it wouldn't take a genius to work out who reported them, but the Public Interest Disclosure Act is there to protect you if they do anything silly like sacking you for whistleblowing a legitimate concern.

Sounds like it might be time to be looking for a new job regardless. You can raise concerns with any relevant authorities after leaving anyway, and if it's just a money/breach of contract issue then you could potentially look at taking them to a small claims court after you've safely removed yourself from the potential firing line.

Nebulous2

What does your organisations whistleblowing policy say about who you can/should tell?

What has HR put in writing about your grievance? I would have expected that after you put in your grievance you would have received a letter confirming the points they were investigating. Then there should be something else confirming the outcome.

In all honesty though pursuing this could put you in a very lonely place. Either dropping it or walking away altogether would be the safest way to proceed.

sangie595

With regards to a tribunal, we don't know that the union has a legal case. There is a difference between being appalled and having a legal case. I am often appalled at things I can do nothing about, and even the OP suggests that the employer may be being 'flexible' with the law.

There is no tribunal case in 'I don't like the outcome of my grievance' or even 'they didn't do it right', and even if the OP had resigned, constructive unfair dismissal doesn't present a high chance of winning. If the union thought there was a case (and the OP was willing to go to tribunal, which it doesn't seem they are keen to do) that could be an easy win for so many members and potential members, then they are not likely to want to walk away. These are dream scenarios for recruitment. So I would think that there is another reason why they aren't in a tribunal already - possibly because their lawyers don't see it as such a good case, or because they have no complainant?