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without prejudice, harrasment, bullying.
alwaysmewhy
Posts: 7 Forumite
Hello good people of MSE,
I have a situation where I have found myself getting picked on at work for the last 2 years by the managing director as its a small company if I said anything it would have immediately made my position untenable, but recently my health has been deteriorating as a direct result and I have no other option but to speak up. So I did after my last disciplinary, the HR lady seemed sceptical until I mentioned I knew people that were happy to be witnesses. So she suggested a without prejudice settlement meeting, as if I handed in my grievances I would pretty much make my job untenable. Furthermore even prior to my original disciplinary I had suffered from no pay rise, no bonus and no promotion, even before the disciplinary had taken place, and before then never once had anyone said I was doing something wrong. So I have a settlement meeting next Wednesday.
To summarise I feel the MD has directed a campaign of bullying and harassment against me. Beginning with comments like ‘just be an Indian’ and very subtle exclusions like not being invited to dinners, to being placed on opposite sides from my friends and him at company events, a 400% less bonus than my colleagues in the exact same position(not so subtle) and also not being invited to see the new facility (all other people that deal with them have been sent up, to add I probably deal with the staff there more than most other people), most recently being summoned to disciplinary for a second time both of which occasions have been extremely difficult for me, I feel they have been totally unfair and used as a bullying/harrasment tactic.
Please see a list of grievances(have another 5 which are along the same lines) I have which I feel have been unfair to me, to add we are both of the same Indian roots: Any advice would be massively appreciated on how the best way to approach this meeting would be or anything else that could help me....Massive thanks!
1) After not reaching the shipping rate targets he wanted he would regularly comment, ‘just be an Indian’ or ‘come on just be a Shah(our surname)’, on one occasion he questioned ‘where did you learn that in prison?’, I have documented 3 separate occasions among the many when these kind of comments occurred 2016. The comments along the Indian continued and on the last occasion he ‘just be an Indian for !!!! sake and get the rates’. At first I was confused and began to doubt myself, it led to doubts about my capability or being an Indian or up to his standard of Indian. The berating started to get me down and caused me much embarrassment/humiliation, I began to get the impression he didn’t like me and treated me differently because I wasn’t up to his standard of Indian that he wanted. He hasn’t commented on anyone else’s race since I’ve been here, since when is that professional or when has that been acceptable?
2) Having placed all Purchase orders for stock since joining the organisation(2 years), always following the same procedure liaising with the relevant sales director, and estimating a few months stock in hand based on demand, I would place the order, on this instance at the request of a Sales Director, having placed the order(06/01/17), confirming the price and order with my line manager before sending it, I received a call from my Managing Director who was shouting and being extremely rude, he immediately stripped the duty of ordering from me which I believe was an escalation of his discrimination, without any consultation or explanation, this was extremely humiliating in front of the whole office. He then called the Ops director as we could hear his conversation it was quite obviously about me, Ops then sent an email confirming I was no longer doing purchasing. How can you remove someone’s key role without even ascertaining any facts? It is totally clear that he wouldn’t treat anyone else like that and hasn’t in my history of being here. Furthermore it was also clear there were other people involved and it was just me that was singled out when it was totally impossible for me to have known that I should not be ordering for my products as I had been doing for the previous 24 months.
3. Furthermore I informally raised the issue mentioned in grievance 2 to Line Manager and Ops director during my annual review, it was an issue I had been struggling with for a few weeks and hoped I would be shown some sensitivity, however as a result I was summoned to a disciplinary for this very matter (Ops director indicated it was nothing to do with him when he handed me my letter and said that it had come from the top as my line manager was on holiday, it must have done?). The grief this caused has been significant. I questioned myself a lot, was scared to come into work or walk past MDs desk. People that know me kept asking ‘what’s wrong’ and I found myself being a recluse who just went home and lied in bed under my blanket until it was time to go back to work again. This quite obviously had an effect on my work life and home life. To add, no action was taken against me about this point during the disciplinary because it was quite obviously not my fault. I can only conclude summoning me in for disciplinary was an attempt to bully/ harass me. After I had complained of the unfair treatment, could this not be classified as a grievance retaliation? Again other people were quite clearly involved in this process, why was I the only one that was bought into disciplinary? To add, please see email from MD cancelling another order, whilst it isn’t okay for me to cancel an order, because of costs and losing face but its okay for him? Is he getting a disciplinary? Or is this just relevant to me alone?
4)During my annual review MD stormed into the meeting room (19/01/17) told off both Ops Director and Line Manager pretty severely about me, Ops director commented ‘we got ripped an absolute new one’. This was totally unfair as I spent the first 30 mins of my review having to defend myself from unfounded allegations designed to facilitate a far from partial review (which defeats the objective of a review which is meant to be impartial). This immediately shed a negative light on my review and was wholly and totally unfair, again this didn’t happen to anyone else during their reviews (ever). Plus what would the motive behind doing something like that be? To put me under pressure? to bully me? To harass me? To discriminate against me? Since then I have found it very difficult to maintain my motivation and as a result of the anxiety my focus has quite clearly been affected.
5)Also in regards to that particular disciplinary, I submitted a letter to delay the date to allow it to fit in with a potential Trade Union rep I had found, although the change of date was accepted I was categorically told my Trade Union Rep would not be allowed to represent me, again Ops Director indicated that was the MDs decision. Only recently I found out that it was actually a statutory right that I had, so again an attempt to undermine me is all I can really conclude. Why would I be denied a Trade Union rep if that is my statutory right? Not fair to say the least and against constitutional law.
6)In the following months after the disciplinary, I would avoid MD and he would avoid me unless necessary for work, the few times we did cross, in the kitchen and opening the doors, he ignored my good morning and looked the other way. I am under no illusion that my boss has to like me, but this would always make me feel 2ft small especially as he would come out and joke and laugh with other members in Logistics all the time. Was this because of his discrimation?
7) During my 2 quarterly reviews, I raised the point to line manager that as result of the review being turned into an inquisition, I hadn’t actually had a pay review, and would like one, plus it was unfair that everybody else had the chance to put their case forward for a pay rise and not mine. Why was I singled out? Whilst everybody else in logistics got to and not me? He said ‘MD wouldn’t agree to this’. In the interest of fairness why not? Is it because of his discrimination?
8) Most recently I have been called into disciplinary for the second time (04/08/17), after the unfairness of the first one and how it made me feel, I would have hoped that this time it would have been conducted in a fairer way with some considerations into all the facts before pointing fingers, however again I feel this is just a personal attack to try and bully me by MD. The first point states ‘stock has been held at variety of warehouses without adhering to FIFO’, just to immediately point out there is another person on the team, why am I the only one getting blamed? If the other person has done the exact same thing it seems unfair to single me out (the last thing I want to do is bring someone else into disciplinary my point is, how is it fair)? Especially when sending stocks has been known to Directors level. Furthermore in 7 months this year I have used my total 26 days of holiday which is around 17%, for this 17% other people were organising the deliveries, why did they not adhere to FIFO? And why are they not in disciplinary as well? Also if you look into the stock levels there are valid reasons for them not being sent out, which if I had been asked could have been explained without a disciplinary process. Again seems like disciplinary is kind of being thrown around as a bullying tactic without actual consideration to the facts and only against me. This is totally unfair and I have already started to feel depressed and have started suffering from anxiety issues again which I was only just recovering from after Januarys disciplinary.
9)I also recently found out(June 2017) that I got paid a 400% less bonus than everyone else in the same position for the bonus from Q4 2016? Why is this the case? Why have I never been shown a breakdown like everyone else? Is that fair? I’m not sure. Having worked here for 2 years it is quite clear MD pays the bonuses and no one else has authorisation over these, it is solely at his discretion, regardless of criteria. It was a particularly hurtful point that everyone else got so much more than me. Are you implying I did 400% less work than everyone? Especially during a stock shortage? Really? Or is this another clear attempt by MD to bully me? Because that is exactly what it feels like.
Since the first disciplinary and how I have been treated since I joined, I have found it very difficult to maintain my motivation and as a result of the anxiety my focus has quite clearly been affected. Furthermore my sleep has been affected severely, only recently have I started to make improvements again in my mental health, but the second disciplinary has knocked me back again. It seems I am always guilty until proven innocent.
This me much duress which has resulted in making me a different person to what I was a year ago. It’s obviously been affecting my performance and I can see no other reason than his discrimination of me as the reason. These issues have resulted in lower bonus, no chance at a pay rise and have severely affected my chances of promotion. A totally unfair disadvantage in my opinion. I hope you understand how hard this has been for me to write, I’m struggling mentally and want to have this sorted so we can all move forward amicably and positively.
I have a situation where I have found myself getting picked on at work for the last 2 years by the managing director as its a small company if I said anything it would have immediately made my position untenable, but recently my health has been deteriorating as a direct result and I have no other option but to speak up. So I did after my last disciplinary, the HR lady seemed sceptical until I mentioned I knew people that were happy to be witnesses. So she suggested a without prejudice settlement meeting, as if I handed in my grievances I would pretty much make my job untenable. Furthermore even prior to my original disciplinary I had suffered from no pay rise, no bonus and no promotion, even before the disciplinary had taken place, and before then never once had anyone said I was doing something wrong. So I have a settlement meeting next Wednesday.
To summarise I feel the MD has directed a campaign of bullying and harassment against me. Beginning with comments like ‘just be an Indian’ and very subtle exclusions like not being invited to dinners, to being placed on opposite sides from my friends and him at company events, a 400% less bonus than my colleagues in the exact same position(not so subtle) and also not being invited to see the new facility (all other people that deal with them have been sent up, to add I probably deal with the staff there more than most other people), most recently being summoned to disciplinary for a second time both of which occasions have been extremely difficult for me, I feel they have been totally unfair and used as a bullying/harrasment tactic.
Please see a list of grievances(have another 5 which are along the same lines) I have which I feel have been unfair to me, to add we are both of the same Indian roots: Any advice would be massively appreciated on how the best way to approach this meeting would be or anything else that could help me....Massive thanks!
1) After not reaching the shipping rate targets he wanted he would regularly comment, ‘just be an Indian’ or ‘come on just be a Shah(our surname)’, on one occasion he questioned ‘where did you learn that in prison?’, I have documented 3 separate occasions among the many when these kind of comments occurred 2016. The comments along the Indian continued and on the last occasion he ‘just be an Indian for !!!! sake and get the rates’. At first I was confused and began to doubt myself, it led to doubts about my capability or being an Indian or up to his standard of Indian. The berating started to get me down and caused me much embarrassment/humiliation, I began to get the impression he didn’t like me and treated me differently because I wasn’t up to his standard of Indian that he wanted. He hasn’t commented on anyone else’s race since I’ve been here, since when is that professional or when has that been acceptable?
2) Having placed all Purchase orders for stock since joining the organisation(2 years), always following the same procedure liaising with the relevant sales director, and estimating a few months stock in hand based on demand, I would place the order, on this instance at the request of a Sales Director, having placed the order(06/01/17), confirming the price and order with my line manager before sending it, I received a call from my Managing Director who was shouting and being extremely rude, he immediately stripped the duty of ordering from me which I believe was an escalation of his discrimination, without any consultation or explanation, this was extremely humiliating in front of the whole office. He then called the Ops director as we could hear his conversation it was quite obviously about me, Ops then sent an email confirming I was no longer doing purchasing. How can you remove someone’s key role without even ascertaining any facts? It is totally clear that he wouldn’t treat anyone else like that and hasn’t in my history of being here. Furthermore it was also clear there were other people involved and it was just me that was singled out when it was totally impossible for me to have known that I should not be ordering for my products as I had been doing for the previous 24 months.
3. Furthermore I informally raised the issue mentioned in grievance 2 to Line Manager and Ops director during my annual review, it was an issue I had been struggling with for a few weeks and hoped I would be shown some sensitivity, however as a result I was summoned to a disciplinary for this very matter (Ops director indicated it was nothing to do with him when he handed me my letter and said that it had come from the top as my line manager was on holiday, it must have done?). The grief this caused has been significant. I questioned myself a lot, was scared to come into work or walk past MDs desk. People that know me kept asking ‘what’s wrong’ and I found myself being a recluse who just went home and lied in bed under my blanket until it was time to go back to work again. This quite obviously had an effect on my work life and home life. To add, no action was taken against me about this point during the disciplinary because it was quite obviously not my fault. I can only conclude summoning me in for disciplinary was an attempt to bully/ harass me. After I had complained of the unfair treatment, could this not be classified as a grievance retaliation? Again other people were quite clearly involved in this process, why was I the only one that was bought into disciplinary? To add, please see email from MD cancelling another order, whilst it isn’t okay for me to cancel an order, because of costs and losing face but its okay for him? Is he getting a disciplinary? Or is this just relevant to me alone?
4)During my annual review MD stormed into the meeting room (19/01/17) told off both Ops Director and Line Manager pretty severely about me, Ops director commented ‘we got ripped an absolute new one’. This was totally unfair as I spent the first 30 mins of my review having to defend myself from unfounded allegations designed to facilitate a far from partial review (which defeats the objective of a review which is meant to be impartial). This immediately shed a negative light on my review and was wholly and totally unfair, again this didn’t happen to anyone else during their reviews (ever). Plus what would the motive behind doing something like that be? To put me under pressure? to bully me? To harass me? To discriminate against me? Since then I have found it very difficult to maintain my motivation and as a result of the anxiety my focus has quite clearly been affected.
5)Also in regards to that particular disciplinary, I submitted a letter to delay the date to allow it to fit in with a potential Trade Union rep I had found, although the change of date was accepted I was categorically told my Trade Union Rep would not be allowed to represent me, again Ops Director indicated that was the MDs decision. Only recently I found out that it was actually a statutory right that I had, so again an attempt to undermine me is all I can really conclude. Why would I be denied a Trade Union rep if that is my statutory right? Not fair to say the least and against constitutional law.
6)In the following months after the disciplinary, I would avoid MD and he would avoid me unless necessary for work, the few times we did cross, in the kitchen and opening the doors, he ignored my good morning and looked the other way. I am under no illusion that my boss has to like me, but this would always make me feel 2ft small especially as he would come out and joke and laugh with other members in Logistics all the time. Was this because of his discrimation?
7) During my 2 quarterly reviews, I raised the point to line manager that as result of the review being turned into an inquisition, I hadn’t actually had a pay review, and would like one, plus it was unfair that everybody else had the chance to put their case forward for a pay rise and not mine. Why was I singled out? Whilst everybody else in logistics got to and not me? He said ‘MD wouldn’t agree to this’. In the interest of fairness why not? Is it because of his discrimination?
8) Most recently I have been called into disciplinary for the second time (04/08/17), after the unfairness of the first one and how it made me feel, I would have hoped that this time it would have been conducted in a fairer way with some considerations into all the facts before pointing fingers, however again I feel this is just a personal attack to try and bully me by MD. The first point states ‘stock has been held at variety of warehouses without adhering to FIFO’, just to immediately point out there is another person on the team, why am I the only one getting blamed? If the other person has done the exact same thing it seems unfair to single me out (the last thing I want to do is bring someone else into disciplinary my point is, how is it fair)? Especially when sending stocks has been known to Directors level. Furthermore in 7 months this year I have used my total 26 days of holiday which is around 17%, for this 17% other people were organising the deliveries, why did they not adhere to FIFO? And why are they not in disciplinary as well? Also if you look into the stock levels there are valid reasons for them not being sent out, which if I had been asked could have been explained without a disciplinary process. Again seems like disciplinary is kind of being thrown around as a bullying tactic without actual consideration to the facts and only against me. This is totally unfair and I have already started to feel depressed and have started suffering from anxiety issues again which I was only just recovering from after Januarys disciplinary.
9)I also recently found out(June 2017) that I got paid a 400% less bonus than everyone else in the same position for the bonus from Q4 2016? Why is this the case? Why have I never been shown a breakdown like everyone else? Is that fair? I’m not sure. Having worked here for 2 years it is quite clear MD pays the bonuses and no one else has authorisation over these, it is solely at his discretion, regardless of criteria. It was a particularly hurtful point that everyone else got so much more than me. Are you implying I did 400% less work than everyone? Especially during a stock shortage? Really? Or is this another clear attempt by MD to bully me? Because that is exactly what it feels like.
Since the first disciplinary and how I have been treated since I joined, I have found it very difficult to maintain my motivation and as a result of the anxiety my focus has quite clearly been affected. Furthermore my sleep has been affected severely, only recently have I started to make improvements again in my mental health, but the second disciplinary has knocked me back again. It seems I am always guilty until proven innocent.
This me much duress which has resulted in making me a different person to what I was a year ago. It’s obviously been affecting my performance and I can see no other reason than his discrimination of me as the reason. These issues have resulted in lower bonus, no chance at a pay rise and have severely affected my chances of promotion. A totally unfair disadvantage in my opinion. I hope you understand how hard this has been for me to write, I’m struggling mentally and want to have this sorted so we can all move forward amicably and positively.
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Comments
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Sorry, I lost the will to live about the third paragraph. Given that nobody is entitled to a pay rise or bonus, or to be invited to something, what was the question? Because he may not like you, but I'm not seeing anything here that is unlawful. And he isn't required to like you.0
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Apologies for all the waffle, the question is: I have an without prejudice meeting next Wednesday, I need help with what angle I should take, legal advise has said build your case with discrimination as the main point. Off course I am not entitled to anything else, but my point is if everyone is getting it, and it is just me out of 14 employees that doesn't have the pleasure, furthermore our bonus is criteria based.....
Also I am under no illusions he has to like me, but to bring me into disciplinary for farcical reasons is hardly fair. Especially when it is always only me, even though other people have done the same and no one else is getting disciplinary?0 -
Furthermore getting advised that I cant bring a trade union rep, so quite clearly that is against the law....0
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No it isn't. Where are you getting your legal advice from? The legal right to bring a union rep is solely related to disciplinary or grievance meetings. This is neither. You are entitled to discuss anything that comes from the meeting with your union if got wish and are not obliged to agree anything at the meeting.alwaysmewhy wrote: »Furthermore getting advised that I cant bring a trade union rep, so quite clearly that is against the law....0 -
alwaysmewhy wrote: »Furthermore getting advised that I cant bring a trade union rep, so quite clearly that is against the law....
It is not actually against the law. As I read it this is not a formal meeting.
Be aware also there are no longer statutory disciplinary and grievance procedures, only guidelines. An employer has to conduct a fair process. The ACAS guidelines are the easiest and safest way of doing so but may not be the only way. There are no longer automatic penalties for failing to follow precise procedures.0 -
I didn't make that particularly clear, I was advised I could not bring a trade union rep to a disciplinary which happened in January. For being removed from Purchase Orders...0
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alwaysmewhy wrote: »I didn't make that particularly clear, I was advised I could not bring a trade union rep to a disciplinary which happened in January. For being removed from Purchase Orders...
See my post just prior to yours.0 -
Okay thank you, but surely not following guidelines isn't really the best practice? And just saying no, without any other explanation other than computer says no, doesn't really suffice?0
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alwaysmewhy wrote: »Apologies for all the waffle, the question is: I have an without prejudice meeting next Wednesday, I need help with what angle I should take, legal advise has said build your case with discrimination as the main point. you are going to struggle to claim against another Indian of exactly the same descent as yourself, with the same name. Off course I am not entitled to anything else, but my point is if everyone is getting it, and it is just me out of 14 employees that doesn't have the pleasure, furthermore our bonus is criteria based..... That isn't discrimination. Discrimination is only about protected characteristics. Being the only person not to get a pay rise isn't on the list. Why is this discrimination?
Also I am under no illusions he has to like me, but to bring me into disciplinary for farcical reasons is hardly fair. But that is only your view. You have no legal basis on which to compassion about this since got were not dismissed. Especially when it is always only me, even though other people have done the same and no one else is getting disciplinary? Also not a problem. What other people do is irrelevant, and if you have done something that warrants discipline, then that is about what you did or didn't do in your circumstances. Nothing to do with what happens with others.
I am seeing no legal basis in what you say to hang the discussions. So you perhaps just do the best you can, or find something that really is unlawful, because as things stand you have no legal case to point to and so can't expect much of an offer. If anything.0 -
alwaysmewhy wrote: »Okay thank you, but surely not following guidelines isn't really the best practice? And just saying no, without any other explanation other than computer says no, doesn't really suffice?
Indeed.
This is one of the problems with dealing with such issues yourself without professional advice. You may well have been badly treated but it is all to easy to get bogged down with legally irrelevant issues.
It may well be "unfair" but is legally unfair? Have your union provided you with proper legal advice?0
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