Advice please
Author
Discussion

Rooster

Original Poster:

2,241 posts

266 months

Saturday 30th November 2013
quotequote all
I am a senior manager with the NHS, been in post seven months, passed my 6 month probation. Thought it was going well (doing my job within the JD plus some, saving money through reviewing procedures and highlighting necessary changes). In my first three months I was pulled up on being too enthusiastic and gregarious so tried hard to stay quiet and not be too "out there". I have obviously failed miserably because last night I was pulled into the head of Depts room, door closed and told that there are complaints about my gregarious behaviour, apparently I sometimes sing because Im happy. He told me it was a 5 min one way conversation, either I sort it out or he will be managing me out of my job. TBH I can be a little noisy but I work with three blokes who spend an enormous amount of time laughing and telling inappropriate jokes (I have no beef with that because I quite like the commerarderie) but I feel Im being singled out as they are equally as noisy and nothing has been said to them. Plus we have an office of women across the corridor who have been dubbed "loose women" because they cackle so loudly, yet nothing has been said to them.
What do I do? Suck it up and keep my head down or bring it to the attention of HR because I feel Im being discriminated against. I do not want to lose my job but today Im so unhappy Im not sure I can go back in on Monday.

rog007

5,829 posts

253 months

Saturday 30th November 2013
quotequote all
Tough one. I would firstly say that sacking someone for being too loud would be a challenge for any organisation less say a library (sorry!). I suspect this requires a little self reflection and a dose of 'can you see yourself as others see you' and might they have a point? I'd have another chat with your line manager and seek some honest and detailed feedback, including asking him exactly what it is he wants you to change as you're really keen on improving and doing a great job for the organisation. Seek out feedback in a positive way and usually only good can come of it. Good luck!

Edited to ask what Band are you and how many people do you line manage?

Edited by rog007 on Saturday 30th November 17:48

Big News

1,937 posts

208 months

Saturday 30th November 2013
quotequote all
rog007 said:
Edited to ask what Band are you
One-man, by the sounds of things.




getmecoat

Rooster

Original Poster:

2,241 posts

266 months

Saturday 30th November 2013
quotequote all
band 6, no staff, I am responsible for the sustainability of the whole Trust (educating 7500 staff) which includes two hospitals and 6 further premises.

nagsheadwarrior

2,789 posts

208 months

Saturday 30th November 2013
quotequote all
Do you have a christmas jumper?
Do you wear Homer Simpson socks?
Have you any novelty ties?

If you answered yes to any of the above then they are correct,you have become the office "joker" please resign immidiately.

If not then get serious n legal on their ass,get everything down in writing in triplicate and make it clear you'll fk them if they fk you...........this may not be good advice.

Rooster

Original Poster:

2,241 posts

266 months

Saturday 30th November 2013
quotequote all
no to all of the above. Im not the office joker maybe just the office joke, after all I love cars and none of the muppets can understand that!
Think I need to seriously think of what to do next but I really dont want a new job as this one is so rewarding, just a shame my line manager is an ex RAF bully who has odd ways of managing staff! Thanks for the advice, some good, some...way of beam!

h0b0

9,059 posts

225 months

Sunday 1st December 2013
quotequote all
You sing at work? Unless you are an elf building toys for Santa you are acting inappropriately for the environment. Telling off colour jokes is not good behavior either but it will be less distracting than singing. If I was your manager I would have been more direct on the first instance.

Time to act like a professional.

CountZero23

1,288 posts

207 months

Sunday 1st December 2013
quotequote all
From the limited information I have I'd say the boss is a tosser or you guys just don't get on, if you're happy with the rest of the job then just get some headphones on and keep a low profile for a bit.

To be fair if anyone started singing in my corner of the office I'd get the royal hump.

craigjm

21,409 posts

229 months

Sunday 1st December 2013
quotequote all
rog007 said:
Tough one. I would firstly say that sacking someone for being too loud would be a challenge for any organisation
Why?

rog007

5,829 posts

253 months

Sunday 1st December 2013
quotequote all
Using that reason alone would be a challenge to create a case for dismissal. In any subsequent employment tribunal, evidence of poor performance or wrongdoing would usually need to be demonstrated. A tribunal may look at it like the person who is very overweight when all around are not; the person who dresses differently; the person who wears a long ponytail when everyone else around has short hair; that's diversity. Someone who's natural state is gregarious but who otherwise performs well could have a strong defence in any subsequent employment tribunal. Poor performance that has not responded to supportive interventions however is another issue. That's my experience anyway.

craigjm

21,409 posts

229 months

Sunday 1st December 2013
quotequote all
rog007 said:
Using that reason alone would be a challenge to create a case for dismissal. In any subsequent employment tribunal, evidence of poor performance or wrongdoing would usually need to be demonstrated. A tribunal may look at it like the person who is very overweight when all around are not; the person who dresses differently; the person who wears a long ponytail when everyone else around has short hair; that's diversity. Someone who's natural state is gregarious but who otherwise performs well could have a strong defence in any subsequent employment tribunal. Poor performance that has not responded to supportive interventions however is another issue. That's my experience anyway.
You don't need to create a case he has been there less than two years

Rooster

Original Poster:

2,241 posts

266 months

Sunday 1st December 2013
quotequote all
Thanks Guys, think its time I was in a room on my own (he has been saying this for months anyway) and in the meantime get my head down and zip my mouth. BTW the inappropriate jokes are done by all the others and include sexist comments to one of the very good looking young women in the next office. The boss has warned them but to no avail. I understand the two year rule and as Im only on a 3 year contract. Think I will man up and also look for something else while keeping my head down.

Rooster

Original Poster:

2,241 posts

266 months

Sunday 1st December 2013
quotequote all
CountZero23 said:
To be fair if anyone started singing in my corner of the office I'd get the royal hump.
I dont do it often, what I am surprised at is that the other guys put the complaints in about me, just wish they had told me directly rather than going behind my back to the boss! Personally I think thats very underhand!

rog007

5,829 posts

253 months

Sunday 1st December 2013
quotequote all
I acknowledge you're referring to the law change last year; but as ever: It is not always necessary for an employee to have accrued the required qualifying service to claim unfair dismissal. Some dismissals will be automatically unfair, regardless of how long the employee has been with the employer. http://www.personneltoday.com/hr/6-april-2012-empl...

So the distinction here I think is the ability to release an employee v the employee able to claim unfair dismissal as a result of that release if he considers it unfair?

2 sMoKiN bArReLs

32,005 posts

264 months

Sunday 1st December 2013
quotequote all
Hi Rooster

1) Howdy! Long time
2) I'd front it out with the complainants, one by one
3) Cool, calm & collected is the order of the day

Rooster

Original Poster:

2,241 posts

266 months

Sunday 1st December 2013
quotequote all
2 sMoKiN bArReLs said:
Hi Rooster

1) Howdy! Long time
2) I'd front it out with the complainants, one by one
3) Cool, calm & collected is the order of the day
Hey there 2SB, has been a while!!!
Me calm, unheard of! I am going to confront them tomorrow but in a positive way.
Odd that my boss has done this twice now and each time at leaving time on a Friday, almost like he wants me to have troubled weekend.

craigjm

21,409 posts

229 months

Sunday 1st December 2013
quotequote all
rog007 said:
I acknowledge you're referring to the law change last year; but as ever: It is not always necessary for an employee to have accrued the required qualifying service to claim unfair dismissal. Some dismissals will be automatically unfair, regardless of how long the employee has been with the employer. http://www.personneltoday.com/hr/6-april-2012-empl...

So the distinction here I think is the ability to release an employee v the employee able to claim unfair dismissal as a result of that release if he considers it unfair?
You would have to be a pretty piss poor HR practitioner to let that happen.

h0b0

9,059 posts

225 months

Sunday 1st December 2013
quotequote all
I'm fairly sure "employee irritates the st out of other employees", "does not fit in to working environment", "ignores direction" and "given verbal warning" are enough of a case.

In fact, this sounds like the reason for the rules.

CarTimeNow

956 posts

195 months

Sunday 1st December 2013
quotequote all
i feel for you, the nhs are very mush "face must fit" i was managed out because i didn't fit, i worked my arse off, but because i would actually take my breaks (necessary for the role i was doing) i was pushed out.

good luck!

Rooster

Original Poster:

2,241 posts

266 months

Sunday 1st December 2013
quotequote all
CarTimeNow said:
i feel for you, the nhs are very mush "face must fit" i was managed out because i didn't fit, i worked my arse off, but because i would actually take my breaks (necessary for the role i was doing) i was pushed out.

good luck!
I feel for you mate, that is definately what I think is happening here, my face defo doesnt fit!