Asked to Falsify Records at Work - Grievance and Scared

LadyGargoyle1

Hi, just looking for some advice. 

I'm about to raise a formal grievance at work and I’m honestly scared about the whole process. I don’t feel supported and I’m worried about what might happen next. The main issues are:

• Probation issue: I’ve been on probation for 6 months and despite asking for feedback several times, I’ve received none. My contract even says probation can be “extended indefinitely,” which doesn’t feel right or fair. 

• Demotion & pay cut: I have been threatened with demotion against my will with a £10k salary reduction. My manager admitted he had “mishired” me (I am an Personal Assistant and he is impossible to work with as he wants to be in control of everything and everyone). 

• Disability discrimination: I have a chronic mobility issue, but no reasonable adjustments have been offered despite my asking. Simple things like not having to walk 7 miles chasing after my boss! 

• Health & safety breach: I was told to do something that clearly broke health and safety rules (falsify records and put fake PAT testing stickers on equipment). I am going to refute to to do this and this is what is causing me so much anxiety). 

• HR not impartial: HR are aligned with management and not treating my concerns seriously. 

I feel unsafe, discriminated against, and unsure of my rights.

What I’m looking for advice on:

• Do I have grounds for a tribunal claim based on this treatment? I don't even know if I want to put myself through this. 

• Is it legal for a probation period to be “extended indefinitely”?

• Should I escalate now to ACAS or HSE, or wait until the grievance outcome if I summon up enough courage to send it?

• How do I protect myself if HR and management are working together against me?

I’d really appreciate any guidance or hearing from others who’ve been in a similar situation, as I’m honestly feeling very vulnerable right now. Just for the record I don't have any savings and live off my wages from month to month. 

I am actively seeking new employment. 

Emmia

HR work for the management/company, not the employees. It is a common misconception they represent workers.

If you want representation then it's a union you want, but they may not take on an existing case

Devongardener

As you have only been employed for 6 months you have fewer protections but if a disability is involved you have a stronger case.
I think you should let the disciplinary process run its course to see the outcome, but you can report the H&S issue to the HSE.

maman

Hopefully, you have a copy of the company grievance procedure which should say that you can take someone with you for support. I don't suppose you are a union member? 🤔

LadyGargoyle1

maman said:

Hopefully, you have a copy of the company grievance procedure which should say that you can take someone with you for support. I don't suppose you are a union member? 🤔

I do have a union rep but he hasn't been of great help unfortunately 😔

Savvy_Sue

LadyGargoyle1 said:

maman said:

Hopefully, you have a copy of the company grievance procedure which should say that you can take someone with you for support. I don't suppose you are a union member? 🤔

I do have a union rep but he hasn't been of great help unfortunately 😔

You can phone the union's HQ or local area and explain your situation. So glad you are in a union. 

Grumpy_chap

LadyGargoyle1 said:

Hi, just looking for some advice. 

I'm about to raise a formal grievance at work and I’m honestly scared about the whole process. I don’t feel supported and I’m worried about what might happen next. The main issues are:

• Probation issue: I’ve been on probation for 6 months and despite asking for feedback several times, I’ve received none. My contract even says probation can be “extended indefinitely,” which doesn’t feel right or fair. 

• Demotion & pay cut: I have been threatened with demotion against my will with a £10k salary reduction. My manager admitted he had “mishired” me (I am an Personal Assistant and he is impossible to work with as he wants to be in control of everything and everyone). 

• Disability discrimination: I have a chronic mobility issue, but no reasonable adjustments have been offered despite my asking. Simple things like not having to walk 7 miles chasing after my boss! 

• Health & safety breach: I was told to do something that clearly broke health and safety rules (falsify records and put fake PAT testing stickers on equipment). I am going to refute to to do this and this is what is causing me so much anxiety). 

• HR not impartial: HR are aligned with management and not treating my concerns seriously. 

I feel unsafe, discriminated against, and unsure of my rights.

What I’m looking for advice on:

• Do I have grounds for a tribunal claim based on this treatment? I don't even know if I want to put myself through this. 

• Is it legal for a probation period to be “extended indefinitely”?

• Should I escalate now to ACAS or HSE, or wait until the grievance outcome if I summon up enough courage to send it?

• How do I protect myself if HR and management are working together against me?

I’d really appreciate any guidance or hearing from others who’ve been in a similar situation, as I’m honestly feeling very vulnerable right now. Just for the record I don't have any savings and live off my wages from month to month. 

I am actively seeking new employment. 

This sounds like a break down in trust and relationship.
You are seeking alternative employment.  
Your best strategy might be to keep your powder dry, focus on securing that alternative employment, and obtain the best reference you can from the current employer.

With only 6 months service, your rights are limited.  At such an early stage, I cannot imagine that raising a grievance can really end well for the employee.

Commenting on the specific queries:

 - Probation can be 6 months, or forever.  It is not really a legal term and generally has limited meaning.  The employee has few rights in the first two years.

 - Demotion and pay cut.  That's bad.  Could it in any way be a reflection on your perceived success in the role?

 - Disability Discrimination.  The obligation is to consider reasonable adjustments.  It is not always possible to make reasonable adjustment that accommodate the individual without detriment to the employer. 
Was the employer aware of your disability and the adjustments required prior to your commencement?
If you are exaggerating the claims, that does not help your position.  7 miles walking each day sounds virtually impossible for an individual with a chronic mobility issue.  7 miles is about 10 km.  That takes an elite runner around an hour to cover.  An averagely fit person might cover 1 km in 10 minutes if brisk walking, so that would be 100 minutes, over an hour and a half.  Probably most walking in the work place is more leisurely pace than brisk walking, so this is 2 hours from the working day for an averagely (and mobile) fit individual.  It must be longer for an individual with chronic mobility issue.  Are you really walking 7 miles each day?  If so, the time taken must be impacting your work output, which could be feeding into the perception of under-performing, hence the extended probation and comments around a re-grading.

 - H&S Breach.  You confirmed you are in a Union.  Contact your Union Rep in the first instance.

 - HR are primarily focused on protecting the employer so, yes, they will be aligned with Management.

gm0

You can bog them down in grievance, flex working requests, reasonable adjustment requests and pick a fight with this boss and generate extra work for them and HR.  Which will not endear.  Throw in some tactical sick leave for stress to spin things along while they process your flurry of written requests. A trip to GP

What matters is whether that sort of game ACTUALLY suits your objectives - your end game.  

Do you want to 

a) stay employed  

b) leave cleanly   

c) spin it out (for a bit) while you job hunt - and then once found implement b) via normal leaver (resignation or dismissal for convenience under 2 years)

Be clear what you want. Then act accordingly.  Letting them do and say - what they do.  Not your circus. So don't sweat it.  Let it wash.  Don't create "misconduct" and dismissal for cause.  Stick to the contract and the policy manual. With a smile.

Creating a storm of grievance and requests - may trigger dismissal - (which you may not want).  Or it may enable option c).  

I have always observed that passive resistance with a smile and apparent compliance and slow walking is more effective than policy and open procedural conflict to spin things out.  But it varies by sector and size of organisation and culture.  Some places are more about bureaucratic games.  And don't do X if Y is happening. You are where you are. And constrained by your own preferences for managing conflict. Context.

It sounds like they would have dismissed for convenience already - if not having anyone at all wasn't short term worse than keeping you (for now).  Consider how you change that equation with your next moves.  

Either that reason or because the perceived as a hiring mistake is an embarrassment to this individual. Or both - but something is keeping your pay cheque coming.  Even though this boss doesn't want you in this role (hence the offer).  It is remotely possible they are trying to find a solution from a more positive duty of care motivation but a lot less likely than the other two.  Yet people often have mixed motivations.  Assuming the worst can be wrong. But surprises are then on the upside.

In any event keep emails and records in case there is a tribunal down the trail.

ALSO consider do you have any personal "reputation" established as a good worker in your town, industry, peergroup etc. for what you do - doing it well, integrity, professionalism etc.  Are you known.  A blizzard of disputatious behaviour - however "justified" you may be or just feel based on conflict with an unpleasant individual - potentially threatens that reputation - fairly or not - if word gets around.  A clean reference "worked here x to y" doesn't prevent people chatting without an audit trail in the background.  And they do.  If you poke a Hornets nest. Expect buzzing.  Choice. Consequence.  Poke or Do not.

Remember you are also going to generate stress and some activity demanding your attention - by invoking some of these more formal processes. Once the processes attached to them kick in - these make demands on the employer and on you to take particular actions for them to document legal compliance of assessing, considering, evaluating, rejecting particular things.  To remain tribunal proof.  With some occupational health is relevant etc.   

So you do it because it advances one of your priorities. 
Not because it exists as a process or just because you can.  

Damp down any emotional need to "prove" another individual is "wrong". It's not about winning or losing or proving this "bad boss" is wrong. 

It's about what you want to happen. And how to get it most effectively.  Reframe it.


HR are not meant to be your friend - and are not

HR's job is to advise or enforce (companies vary) in legal and company policy constraints on hiring, pay and rations and firing.  Not your friend.  Boss may ignore and dig a tribunal shaped hole for the company.  Happens all the time.  Plenty of little I know best emperors out there.

Probation is a "new joiners process" not about employment rights more generally.

Probation is irrelevant unless a contract specifies enhanced terms - access to benefits once passed.  Otherwise the 2 year rule is what matters.  You have little leverage.  What your contract says about it is what counts.  

Probation has long been a sensible thing to formalise actively considering whether people are establishing in a role and need help and feedback to do so.To put some process over it. Different places take it more or less seriously.   And chase managers with more or less vigour to make sure they do it (usually via documenting it).  Big companies sometimes more.  And smaller ones less.  

It is also about expectation management.  Clearly the clock for being officially in the job at level and any countdown to advancement doesn't begin until you pass probation.  And some take longer.  So it's just another "more for less for longer" tool in the performance and pay and rations box as well as a sensible hiring practice.

MyRealNameToo

LadyGargoyle1 said:

• Probation issue: I’ve been on probation for 6 months and despite asking for feedback several times, I’ve received none. My contract even says probation can be “extended indefinitely,” which doesn’t feel right or fair. 
  

Probation is simply a contractual term and whilst it can be linked to things like notice period or certain benefits it has no broader meaning in law. Less than 2 years service you can be let go for any/no reason (other than protected characteristics) whereas after 2 years you can't and gain access to employment tribunals for unfair dismissal etc. 

So yes in theory you may never pass your probation so always be on legal minimum notice and/or never gain access to certain benefits but your employment rights still kick in after 2 years. Similarly you can pass probation in 3 months and then be let go the next day with the appropriate notice as your still under 2 years service so no rights. 

LadyGargoyle1

Thank you all for your advice. 

I have decided to hand my notice in as I do not need the stress and anxiety of working at this toxic company. 

I will have to up my job hunt over the coming weeks. 

I will however make it clear that my reason for leaving is because of the health and safety breach and that I am not going to falsify records. I will put this in writing to cover myself. 

Why can't management and companies just behave! 

Grumpy_chap

LadyGargoyle1 said:

Thank you all for your advice. 

I have decided to hand my notice in as I do not need the stress and anxiety of working at this toxic company. 

I will have to up my job hunt over the coming weeks. 

I will however make it clear that my reason for leaving is because of the health and safety breach and that I am not going to falsify records. I will put this in writing to cover myself. 

Why can't management and companies just behave! 

Your anger is clearly evident.
You might be better served taking a deep breath - pause any reactive steps until at least after the weekend.

If you leave without securing your next role, do you have the financial resource to be self-supporting?
Access to UC may not be available if you are deemed to be "intentionally unemployed".

A more conciliatory resignation letter may better serve your own interests, particularly if you need a reference from the current employer. 
Remember, you may cross paths with the same individuals in a different setting in the future and it will be best if any such interaction is from a clean sheet rather than either or both individuals having some resentment / pre-conceived perception of the other.

Securing your next job may be easier if you remain in employment - leaving of your own will with nothing to progress to can sometimes be seen as indicative of an unreliable individual (no matter how well-meaning the intention at the time).