Raising a grievance against a company / company management
Discussion
Evening all,
I posted some months ago about some issues my wife was having at work and in the intervening period it has gotten worse. I don't want to say too much about these problems as this is a public forum and i don't wish to prejudice future events but lets just say there have been major lapses in management competencies and blatant lying / fraudulent activities taken place.
The company is currently finalising being taken over / merging with another and as a process of this, a new MD was appointed prior to this happening. My wife has raised many concerns with the new MD about procedures not being in place and not being followed and has attempted at all times (and is still doing so) to try and improve the situation in the workplace.
She has attempted to speak to the new MD about these issues and been fobbed off on more than one occasion until today she finally got a chance to meet with him. (the old MD is now CEO)
The long and the short of it is she was told by the MD that the CEO is "making her a scapegoat" for some reason which was not disclosed. She was also informed that re-organisation of staff would be taking place in the imminent future which has had the effect of us circling the wagons to prepare for the coming weeks and the most likely inevitable announcement of job losses - specifically her own.
To compound this, the company has no HR department nor any named HR Manager to which her concerns can be raised.
Needless to say, the possibility of a formal grievance being put in place has arisen and as such, I'm hoping someone here can help us with a bit of advice regarding grievance procedures and contract law.
Within her contract, it states a few things which the company (in my opinion for what it's worth) are in breach of - Private Health Care (it states that she will be enrolled in the scheme when the reality was she had to contact them herself to be added on), Pension - full details of scheme will be provided when she is enrolled on the scheme including minimum contribution level and also should she want to opt out (the contributions have been taken but she has had no information on the scheme, nor her levels of contribution, nor the chance to opt out), Grievance Procedure - policy is available on request from HPRM manager (they do not have a named HPRM manager, nor any HR department as noted above), Confidentiality Agreement - you can't copy or print information or e-mail to yourself or anyone without obtaining employers consent.
The last item is the most significant one and means it is incredibly difficult to see how you can put a formal grievance in place when you cannot collate the information and evidence required in order to prove your case.
I know that this might be a stupid question - but when you don't know the answer is there really any such thing - but would this clause be legally binding when you are trying to make a formal complaint?
Also within the contract it states (to paraphrase) that she has an obligation to make aware any evidence or suspicion of fraudulent or illegal activity to her line manager and this can be proven with the documentation - but again, if you can't copy it to present to the manager, how can you prove it?
My wife is incredibly calm about the situation at present and fully intends to carry on working to the best of her abilities in an increasingly tense environment. However, as she hasn't been informed of her redundancy, that is all she can really do at the moment.
I suppose all we are trying to do is to be prepared for the worst outcome should it occur and i would appreciate any advice or feedback you may give us.
I posted some months ago about some issues my wife was having at work and in the intervening period it has gotten worse. I don't want to say too much about these problems as this is a public forum and i don't wish to prejudice future events but lets just say there have been major lapses in management competencies and blatant lying / fraudulent activities taken place.
The company is currently finalising being taken over / merging with another and as a process of this, a new MD was appointed prior to this happening. My wife has raised many concerns with the new MD about procedures not being in place and not being followed and has attempted at all times (and is still doing so) to try and improve the situation in the workplace.
She has attempted to speak to the new MD about these issues and been fobbed off on more than one occasion until today she finally got a chance to meet with him. (the old MD is now CEO)
The long and the short of it is she was told by the MD that the CEO is "making her a scapegoat" for some reason which was not disclosed. She was also informed that re-organisation of staff would be taking place in the imminent future which has had the effect of us circling the wagons to prepare for the coming weeks and the most likely inevitable announcement of job losses - specifically her own.
To compound this, the company has no HR department nor any named HR Manager to which her concerns can be raised.
Needless to say, the possibility of a formal grievance being put in place has arisen and as such, I'm hoping someone here can help us with a bit of advice regarding grievance procedures and contract law.
Within her contract, it states a few things which the company (in my opinion for what it's worth) are in breach of - Private Health Care (it states that she will be enrolled in the scheme when the reality was she had to contact them herself to be added on), Pension - full details of scheme will be provided when she is enrolled on the scheme including minimum contribution level and also should she want to opt out (the contributions have been taken but she has had no information on the scheme, nor her levels of contribution, nor the chance to opt out), Grievance Procedure - policy is available on request from HPRM manager (they do not have a named HPRM manager, nor any HR department as noted above), Confidentiality Agreement - you can't copy or print information or e-mail to yourself or anyone without obtaining employers consent.
The last item is the most significant one and means it is incredibly difficult to see how you can put a formal grievance in place when you cannot collate the information and evidence required in order to prove your case.
I know that this might be a stupid question - but when you don't know the answer is there really any such thing - but would this clause be legally binding when you are trying to make a formal complaint?
Also within the contract it states (to paraphrase) that she has an obligation to make aware any evidence or suspicion of fraudulent or illegal activity to her line manager and this can be proven with the documentation - but again, if you can't copy it to present to the manager, how can you prove it?
My wife is incredibly calm about the situation at present and fully intends to carry on working to the best of her abilities in an increasingly tense environment. However, as she hasn't been informed of her redundancy, that is all she can really do at the moment.
I suppose all we are trying to do is to be prepared for the worst outcome should it occur and i would appreciate any advice or feedback you may give us.
My advice, for whats it worth, is if you want to raise a grievance about anyone above you then you have three choices
1/ Raise your grievance and start looking for a new job
2/ STFU and start looking for a new job
or
3/ Carry on and say nothing
TBH, from what I've read you should STFU and either look for a new job or wait for the redundancy payment
1/ Raise your grievance and start looking for a new job
2/ STFU and start looking for a new job
or
3/ Carry on and say nothing
TBH, from what I've read you should STFU and either look for a new job or wait for the redundancy payment
lenny007 said:
My wife is incredibly calm about the situation at present and fully intends to carry on working to the best of her abilities in an increasingly tense environment. However, as she hasn't been informed of her redundancy, that is all she can really do at the moment.
I'd follow her lead. Stay calm and focus on:a) a new job - CV, training, etc, have some practice interviews, etc
b) keeping positive
c) negotiating the best redundancy package when it comes to it
Thank you for replying to my queries and for the input.
To be honest, i think there has been a bit of a calm today at work and more rational thoughts are prevailing for both of us.
At the end of the day, the grievance will most likely do no good and could potentially hurt her in future employment (although having worked at the company she's at with it's recent reputation is more likely to be a potential issue!). It was more a case of putting a marker down in case the situation escalated and the situation became legal.
Don't get me wrong - there is and had been plenty to complain about, it's just that she's tried to get around it by putting her head down and getting on with work.
Plan A is (and has been for a long time) a decent exit strategy and that won't change.
To be honest, i think there has been a bit of a calm today at work and more rational thoughts are prevailing for both of us.
At the end of the day, the grievance will most likely do no good and could potentially hurt her in future employment (although having worked at the company she's at with it's recent reputation is more likely to be a potential issue!). It was more a case of putting a marker down in case the situation escalated and the situation became legal.
Don't get me wrong - there is and had been plenty to complain about, it's just that she's tried to get around it by putting her head down and getting on with work.
Plan A is (and has been for a long time) a decent exit strategy and that won't change.
The pension is the big one here, as that is actual and factual - plus may lead to a substantive financial loss for your wife.
ON the documentation issue - a flash drive would seem the obvious solution (being neither an email nor a print) Failing that I find dropbox to be handy (or google docs)
I work in HR. My professional advice is that she should go and see an employment lawyer. If they have truly said that she will be made redundant before any process has happened or job losses announced then they are in breach of their stat obligations to staff and she has a clear case.
However, it may be better for her to offer to resign now, with a mutual seperation with enhanced terms (eg notice period plus one month for every year served to a max of six months)
Or something similar.
When a low employee tries to beat a high employee, the low employee almost always loses. The power imbalance makes it an unfair fight.
The only way to beat higherups is to find an ism and get a lawyer. Racism, sexism, ageism, sex-pestery, etc. Any inappropriate words, touches, tasks, etc.
The only way to beat higherups is to find an ism and get a lawyer. Racism, sexism, ageism, sex-pestery, etc. Any inappropriate words, touches, tasks, etc.
Gargamel said:
The pension is the big one here, as that is actual and factual - plus may lead to a substantive financial loss for your wife.
ON the documentation issue - a flash drive would seem the obvious solution (being neither an email nor a print) Failing that I find dropbox to be handy (or google docs)
I work in HR. My professional advice is that she should go and see an employment lawyer. If they have truly said that she will be made redundant before any process has happened or job losses announced then they are in breach of their stat obligations to staff and she has a clear case.
However, it may be better for her to offer to resign now, with a mutual seperation with enhanced terms (eg notice period plus one month for every year served to a max of six months)
Or something similar.
Thanks for your input. From what i understand (and i'm ready to be proved wrong), they are not only in breach of their responsibilities with respect to enrolling her in the pension and not providing the relevant documentation / details of contribution levels / chance to opt out, they are also in breach of the Employment Act in taking unauthorised deductions from her.ON the documentation issue - a flash drive would seem the obvious solution (being neither an email nor a print) Failing that I find dropbox to be handy (or google docs)
I work in HR. My professional advice is that she should go and see an employment lawyer. If they have truly said that she will be made redundant before any process has happened or job losses announced then they are in breach of their stat obligations to staff and she has a clear case.
However, it may be better for her to offer to resign now, with a mutual seperation with enhanced terms (eg notice period plus one month for every year served to a max of six months)
Or something similar.
I suspect as with most things, it'll not be the things you expect to have the biggest impact that'll make the difference. It's not the discrimination, nor intimidation that'll cause problems - more like stuff to do with the pensions.
Regarding the flash drive, digital copies are included as no no's in her contract. She has all her e-mails on the work laptop and is transcribing dates, addresses and the gist of the mails into her diaries but not the full content. No copies then, digital or printed.
She hasn't been told verbatim that she will be made redundant apparently. The conversation with the MD was along the lines of "structural reorganisation due to merger...you are being scapegoated...i really want to keep you and i'm fighting to do so" - so it's been said but not in so many words.
i found out today that the persons who are "scapegoating" her are the triumvirate of ex MD, Director of Ops and Sales Director. The latter two are likely candidates for the bullet due to the merger and the ex-MD is seeing out his days as CEO after trousering quite a pot selling his shares. Hence the need for a scapegoat to deflect attention for a while i suppose.
Todays meeting revealed "its more like being pigeon holed - you do one, two, three things poorly, then you are labelled poor at everything".
Which is ironic, bearing in mind, she has never been criticised for her work, nor had any performance review - nothing.
Happy days.
If she has a work laptop take photos on an old camera (polaroid or film) of emails (they are not digital copies then!!)
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