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Grievance at work

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Hello,

I have been in my job for 8 months now in IT. I like my job and I enjoy getting up on a morning and going to work. We have recently had a new line manager about 5 months ago. She did my performance review with last week where salary review is also done as well. One of the reasons I have not been given a salary rise is because I have had 5.5 days off sick in 8 months for genuine illnesses. Work believe my absence was genuine but apparently one of the reasons I cannot be given a pay rise is because this is 2.5 days higher than some of my other colleagues. My work use the Bradford factor to work out a value for your absence and I don't believe mine was in an area for concern. I am getting my medical records pulled from the doctor so that they have hard evidence of the fact that my illness was genuine (tonsillitis). I really am quite annoyed with my boss at the minute, there are only 13 employees and I am aware that my illness has a bigger effect on the company than say it would for a large enterprises but I don't believe it should be used against me unless I really was taking the Micky by saying having every Monday off for 10 weeks with Ebola/flu or something ridiculous like that.

What are your thoughts on this?

There have been other reasons given, e.g I have apparently been spending too long getting jobs done on site with customers, whereas in my 3 monthly performance review I was told I needed to be slightly more vigilant and take more time and care in doing some jobs. I believe I have addressed their concerns and I feel like I am doing a better job, and to be now told I'm taking too long seems ridiculous to me. Whenever you are on site to do a job, the customer always has something else they'd like you to do at the same time while you are there, and as I am a customer focused individual, I always say yes. If my boss would rather me say no to a customer when they ask for extra help, I think there should be some kind of company policy written up for this.

I believe I am being made an example off and that I am being "managed out" of the business. I am going to have an informal meeting with my boss pretty soon to address hear concerns, but in afraid if it goes on I will have to file for constructive dismissal.

Any help would be appreciated on this matter.
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Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think you're overthinking it, after 8 months I'd just bite my tongue.

    Re "other jobs to be done", yes, they will do that.... can you get them to phone in and log the job on the system, then pass the phone to you so you can speak to the helpdesk to get it allocated to you? Then you can close it down. That'll put down your average time per job. In any case, all tasks done by you need to be logged as they might be important things that won't show up in the exception reporting where something needs addressing company-wide.

    If it's not on the system, you might be fixing a niggle on 200 workstations and nobody'd ever spot there was an issue.
  • boj27
    boj27 Posts: 34 Forumite
    Fifth Anniversary 10 Posts
    The things customers ask me to do are very trivial. The sites are small, normally 3-5 pc's as they are only dental practice's. If I'm out there to look at a fault with a monitor or something like that, while I'm there they'll ask me to connect one of their pc's up to a printer. 10 minute job, but by the time I've done 3 of these jobs that's 30 minutes, and before I know it that pushes me into travelling back to the site in rush hour which wouldn't of been the case if I'd left 30 minutes earlier, things like that and it's been spotted.

    There are things on this report which my manager has spoken to me about personally before having my performance review, I have told her that I was not anything to do with what she was asking about and she acknowledged me and accepted I wasn't to blame, yet she has found the need to use these claims against me in my performance review regardless of what I'd told her. For example, she had a moan at everyone in the office for leaving dirty dishes in the lunch room. I told her I haven't done that, and even to show her some willing, I went and tidied up after everybody else in the room and cleaned it all up, obviously it went unnoticed and unappreciated, and when it happened again the blame was assigned straight to me regardless of whatever I'd told her. It is now being used as one of the reasons not to give me a pay rise because my apparent office behaviour is not good enough.

    I just very much feel as if I am being singled out entirely. The MD of the company has a family member who works for him in the same office as me, her friends in the company down the corridor use our lunch room when they shouldn't and leave their plates lying around. I have mentioned this to my line manager and it just goes unnoticed. I just don't think it's right.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    You need to wake up. You will not be filing for constructive dismissal or any other kind of dismissal - you need two years service to do that, and the way you are going, you won't get to that point! You have identified performance issues. The answer to those is to do what you are told. Full stop. If you need, as suggested above, to log new calls or whatever, you do that. Or ask what they want you to do. You do not tell them they need new policies and/or pick holes in their position. Your only way of keeping the job is to perform to the standards that they want, so you nicely ask them for guidance on how to do that and you do as they ask.

    A weeks leave in 8 months is a lot. It doesn't matter whether it is genuine or not - if it is not then the employer must prove that then deal with it. But high levels of sickness will almost certainly result in dismissal, especially since they are using the Bradford scale. Whether you believe it is a matter of concern or not is irrelevant - the employer says it is a matter of concern and that is the end of that discussion.

    And as for the washing up thing, really this all sounds like a kindergarten argument. Why not suggest a washing up rota? Be positive about it rather than finding fault. Nobody has ever been "managed out" of the business over dirty dishes. This is one of those things that lots of offices whinge over, and which is easy to fix.

    It will be sixteen months before you have employment protection against unfair dismissal, so you need to stick your head down and wind it in. Your expectations of working life are unrealistic. To be absolutely clear, even if you had two years service, your claims here would be thrown out of any court in the land. Employers set performance targets, employees do as they are told - tribunals support that and will side with the employer. Employers set sickness targets and employees meet them - tribunals support that and will side with the employer. And if you introduce washing up of dirty dishes the bench will fall over laughing.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    boj27 wrote: »
    Hello,

    I have been in my job for 8 months now in IT. I like my job and I enjoy getting up on a morning and going to work. We have recently had a new line manager about 5 months ago. She did my performance review with last week where salary review is also done as well. One of the reasons I have not been given a salary rise is because I have had 5.5 days off sick in 8 months for genuine illnesses. Work believe my absence was genuine but apparently one of the reasons I cannot be given a pay rise is because this is 2.5 days higher than some of my other colleagues. My work use the Bradford factor to work out a value for your absence and I don't believe mine was in an area for concern. I am getting my medical records pulled from the doctor so that they have hard evidence of the fact that my illness was genuine (tonsillitis). I really am quite annoyed with my boss at the minute, there are only 13 employees and I am aware that my illness has a bigger effect on the company than say it would for a large enterprises but I don't believe it should be used against me unless I really was taking the Micky by saying having every Monday off for 10 weeks with Ebola/flu or something ridiculous like that.

    What are your thoughts on this?

    There have been other reasons given, e.g I have apparently been spending too long getting jobs done on site with customers, whereas in my 3 monthly performance review I was told I needed to be slightly more vigilant and take more time and care in doing some jobs. I believe I have addressed their concerns and I feel like I am doing a better job, and to be now told I'm taking too long seems ridiculous to me. Whenever you are on site to do a job, the customer always has something else they'd like you to do at the same time while you are there, and as I am a customer focused individual, I always say yes. If my boss would rather me say no to a customer when they ask for extra help, I think there should be some kind of company policy written up for this.

    I believe I am being made an example off and that I am being "managed out" of the business. I am going to have an informal meeting with my boss pretty soon to address hear concerns, but in afraid if it goes on I will have to file for constructive dismissal.

    Any help would be appreciated on this matter.

    Futile springs to mind. You have no case.
  • boj27
    boj27 Posts: 34 Forumite
    Fifth Anniversary 10 Posts
    So if I was to provide edvience that I have been treated completely differently to another staff member (which is the case) who has the same circumstances as myself, this would not be a concern? In terms of everything mentioned here
  • boj27 wrote: »
    So if I was to provide edvience that I have been treated completely differently to another staff member (which is the case) who has the same circumstances as myself, this would not be a concern? In terms of everything mentioned here

    I believe that unless you can prove discrimination based on gender/race/sexuality/disability etc... then there is no basis for a claim for anything.

    Why would you expect a pay rise after 8 months? Also, with new line manager who you have not reported to for very long you are basically starting again, and whatever understanding you have with your previous manager is irrelevant.
  • Unfortunately it doesn't really matter that the sicknesses were genuine, it's the amount of sick days that counts. If you've had more sick days than your colleagues then I can't understand why you think you have been treated unfairly. Your employers can't offer you special treatment because you deem your reason to be more genuine than a colleagues.


    How do you come to the conclusion that another staff member has the same circumstances as yourself? You said in your OP that you have had 2.5 days more than your colleagues and also that there have been issues raised with your performance.


    Besides that, as you have been there for under 2 years the employer can get rid of you for almost anything as long as it is not a protected characteristic (race, religion, sex to name a few), so I hardly think they would try to 'manage you out' when they can pretty much just get rid of you. So unless you can prove they are targeting you because of one of these protected characteristics then you'd be wise to accept the decision and improve your performance based on what they have discussed, or find a new job.

  • sangie595
    sangie595 Posts: 6,092 Forumite
    boj27 wrote: »
    So if I was to provide edvience that I have been treated completely differently to another staff member (which is the case) who has the same circumstances as myself, this would not be a concern? In terms of everything mentioned here

    As stated, unless the reason for the difference is treatment is because of a protected characteristic, then no, you have no case. And even then it is dubious - nothing here stands out as unfair in law.

    Look - you say you like the job and that you look forward to getting up and going to work in the morning. That is a lot better than some people, who hate getting up and going to work, but still have to do it. Instead of seeing these things as problems, see them as challenges. Look at how you can improve your performance and ask your manager for support in doing this. Your sickness was unfortunate, but a one-off - make sure that it is a one-off and you are fine. And rise above getting into tussles about the washing up - show some initiative and suggest some solutions to the problems. Frankly, if it came to it, just do the washing up! It isn't like it's a huge burden, so just show that you are a person who solves problems and doesn't create them. That is the way to get ahead. Save complaining for things that really need complaining about, and these aren't on that list.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's unlikely that you are being 'managed out' Your employer doesn't need to mange you out, they can simply dismiss you if they don't want you to stay.

    I think you are being managed.

    I suggest that you listen to the feedback you are being given, and take it on board.

    In relation to the exra tasks customers give you, it is unlikly that youare the only person who gets these requests, so ask your manager how your should deal with them, and follow their recommendation. Or ask your colleagues how *they* deal with them.

    It may be that you need to get the customer to log in the additional issues, or you may need to be a little firmer about leaving promptly, or you may need to consider whether you are in fact slower than your colleagues and that they are managing these additional small jobs by working more quickly or efficiently in the first place.

    Are you familair with how your company charges for your work? If they have a all inclusive contract then youi doing the additional tasks when you are on site anyway is eficient, but they need to be recored so your employer knows how your time is being used and can factor in the client's level of need when reviewing their contract , as well as helping them to spot any patterns.

    (and if the client is expecting a very high level of service your employer may decide to increase their annual charge to that client to reflect that)

    If your employers are paid per call out then by doing the extra jobs not only are your slowing yourself down but you are also depriving your employer of the fees for the additional work.

    While you say you are a people-pleaer, bear in mind that ultimately it is your employers whom you most need to please.

    5.5 days off sick in 8 months is quite a lot.

    Nothing you have said suggests that you are being penelised becasue your employers thik you were lying about your reason for being off, but they have made the decison not to give you a payrise becasue there are a number of areas where you need to improve, and because your sickness record is poor.

    You've only been there of 8 months. In your position, I would focus on the feedback you have been given and try to improve, then when you have been there for a year, if you have improved, you can ask for a salray review.

    The washing up issue sounds rather petty on both sides. Make sure that you wash up anything you use as soon as you use it.

    If you are new, perhaps the probelems ahve appeaed since you started and that is why you get the blame. Maybe there is an unspoken rule that the newest member of staff is responsibible for the washing up?
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • AndyBSG
    AndyBSG Posts: 987 Forumite
    Part of the Furniture Combo Breaker
    You have been there less than 2 years.

    Unless you want to be given the bullet i'd suggest you swallow any 'grievances' you feel you have and instead address the issues they have made you aware of or i'm sure you'll be receiving a P45 as soon as you complain.
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