HR/Manager Issue - Grievance [Merged]

Trooper21
Trooper21 Posts: 77
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I've recently hit a trigger for absences- 4 in a year due to Covid. All fine and fair enough with hitting trigger etc.

My manager has not advised me properly of outcomes to formal meetings, as in a potential referral to OT, or review periods.

So I have found myself being subject to meeting outcomes that she should have discussed with me at meetings (as per council policy) and didn't. A 6 month review period with no context as to why this is a reasonable outcome.

I have objected and emailed and she has only acknowledged it once in a meeting which she apologised for but did not say why she had not follwoed policy.

I have an email trail of my informal attempts at accountability.

However as I am receiving letters stating about my employment being affected if I hit further triggers, but don't contain any reference to her neglect to advise properly on policy, I feel I should object.

I am going to raise a grievance - but if any legal/Hr bods can sort of shed light on the strength of my claim.

Can I refuse to be subjected to a policy that wasn't discussed at the right point within it's own policy? It's local gov if that helps.

Do HR have to follow their own policies. What happens if not? Tribunal?
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  • Trooper21
    Trooper21 Posts: 77
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    I have a union rep who I have asked to look more into the policy side of things and accountability.
  • TELLIT01
    TELLIT01 Posts: 16,262
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    All you can do at this stage is wait for your union rep to report back to you.
  • Trooper21
    Trooper21 Posts: 77
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    edited 5 October 2023 at 5:51PM
    Well I have googled ACAS and spoken to them and they seem to think that meeting outcomes should be clear and transparent.

    I want them to acknoweldge their lack of accountability when policies are not followed and what my rights are in challenging that.
  • cjdew
    cjdew Posts: 66
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    Your line manager has probably misinterpreted policy if this is your first trigger point i doubt it's personal.

    I would get the policy and discuss with them and it may be easily resolved. If not contact your hr business partner or rep and explain in a non confrontational way how policy hasnt been followed including screenshots from your absence management system, to show sickness levels. 

  • Trooper21
    Trooper21 Posts: 77
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    Thanks but I know my manager enough to know that it is. This isn't a massive organisation where I am an unknown.

    I have raised my concerns, over and over and over, to naught. I'm not objecting to my sickness levels.

    I am objecting to them not following their own policy.
  • What are you hoping to achieve from this? Your record is already a negative and you may well find yourself managed out. You say she has apologised so what more to you want.
  • Undervalued
    Undervalued Posts: 8,817
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    Trooper21 said:
    Well I have googled ACAS and spoken to them and they seem to think that meeting outcomes should be clear and transparent.

    I want them to acknoweldge their lack of accountability when policies are not followed and what my rights are in challenging that.
    ACAS are very fond of trotting out phrases like "should" but it is meaningless unless it is a legal must and there is a practical and cost effective remedy available!

    You don't say how long you have worked for this company. If it is less than two years you have very few rights.

    Also, HR policies are just that. Unless you have a legal or contractual entitlement to something they can use their discretion and deviate from their policies, more or less as much as they like.

    Occasionally there is no alternative but to file a formal grievance. However is most cases they are best avoided and seldom end well. 
  • Trooper21
    Trooper21 Posts: 77
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    TTO contract. Currently under stage 1 sickness review (which my employer have not followed their own policy on).

    I’ve been notified of my last and final meeting and only realised before Christmas that it falls this week, when I am still on holiday.

    The while experience has been smattered with incompetence and I’m at the stage now where I massively resent having to decline a formal meeting when it has been scheduled outside of my contractual obligations-deliberately.

    WWYD?

    Rep said to write to them with my concerns, but so what they re-issue the meeting? Point out their incompetence? Or let it continue and see where the chips lie when they realise?

    I’m so stressed about it, it is really eating into my life outside of work.
  • Trooper21
    Trooper21 Posts: 77
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    I’ve worked for them for coming upto 3 years.

    The latest update being that the final meeting has been scheduled outside of my contractual obligated weeks, so in my holiday.

    I am just so over the level of incompetence  from managers paid a lot of money and get this aspect of their role, so wrong.

    Also, thread update. I challenged contents of outcome letter and said the letter did NOT reflect the concerns I’d raised…the response was HR told me to do it and your concerns are noted (on an email).

    I need to leave.
  • Trooper21
    Trooper21 Posts: 77
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    @turnitround

    Sometimes, standing upto workplace bullies means it stops happening to other people. If I have to suffer the consequences of them deciding to work outside of their policies…they can differ being made to feel uncomfortable about it.

    The apology is meaningless when it’s not even evidenced or acknowledged in a 2 page letter that conveniently leaves out the fact they haven’t followed their own policies.

    It doesn’t affect my job as I am out and about thankfully but it does affect how I feel as an employee and it bothers me that this is how I’m being treated.
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