Hi There Newbie to the forums could do with some advice

[sixftthreeuk]

Hi there.

I am just having a few issues at work with my district manager. If theres anyone around who might be up for listening to me i'd appreciate it cheers.

[des8]

Re: Hi There Newbie to the forums could do with some advice

Hi and welcome to Legalbeagles,

Feel free to post up, and although it's the weekend someone is sure to be along with their input.

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

Ok here goes.

Basically I work for a large UK company with 10,000 plus members of staff I wont mention who they are as I don't know who is watching.

I was called into a meeting about some work process related issues that turned into my line manager and her boss the district manager ambushing me about other members of staff having it in for them and basically were accusing me of spreading malicious rumours around about the two of them so that I would name the people they wanted to get rid of. I am the kind of guy who just gets on with their job and does it well, i've never had the urge to suck up so to speak to the management. My line manager has however done almost nothing but this for over a year and as far as I can tell its been noticed that she isn't doing her actual job and it's gone around the district at work and for some reason I am the one to blame even though everyone can see it and it doesn't need to be spread around.

I was also threatened with this possibly becoming formal in the future at the discretion of my line manager as well. Some veiled threats about her husband coming to find me were also made in the meeting which the district manager seemed to find funny.

As a solution to the issues between the line manager and myself I got a week at another site followed by a week of annual leave. Upon trying to find out my shifts for my return from annual leave I was informed to speak to someone else by my line manager and then found out a few days later that she had made a formal grievance.

I have spoken to my friend who is a solicitor and he has advised me to take him along to any grievance meetings.

Is it allowed for two people who are involved in the allegations to call me in and ambush me with it?

Should one of them then be dealing with the formal grievance?

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

No its certainly not allowed for the persons involved or making the grievance to conduct the grievance hearing. Also whilst you can ask that your solicitor (friend) attend the meeting with you, they do not have to permit it. As your right to be accompanied is limited to Union rep or colleague!

May i suggest you make a counter Grievance outlining the facts and how they have bullied you and threatened you and remind the company they have a legal obligation to protect all employees from bullying and harassment!

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

I know its a bit cheeky to ask him to attend with me but I am going to try it anyway.

My plan is to attend the meeting and once I get the actual paperwork end the meeting so I can arrange to get witnesses etc and then do a counter grievance.

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

You can ask them to send you copies of documents and evidence they intend to produce at the meeting in advance of the meeting to allow you to prepare.

Also had they sent you a letter telling you of the meeting and your right to be accompanied etc?

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

Nothing yet they just expect me to get on with it and keep worrying

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

Right,, well if they trying calling you in out of the blue, ask if its a grievance meeting? If they say it is, advise them you refuse to attend as they had not written to you to inform you of the date or time of the grievance hearing our you right to be accompanied. Or simply go to the meeting, but put a stop to the meeting and state the samething once it becomes apparent it is a grievance meeting, and then walk out calmly and return to your work. That way the ball is in their court and any action they take in response will likely go against them, since they did not in form you of the meeting in writing or your right to be accompanied which are statutory rights!

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

The problem is we work across various sites and the last time I got called in for a meeting it was about something unrelated and then got hit with an informal meeting about the issues that are now part of the grievance so I'm wary of going at all.

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

Problem is, if they are calling you in for another unrelated matter, and not to have a grievance hearing. Then by refusing to attend, unless they stated it was a grievance hearing, you'd be in breach of contract for failing to obey a reasonable request from the employer to attend a meeting! Though granted travel distance and duration is a factor as to whether the request would be reasonable. Example - If you were say within 100 miles and could get there in 2 hours, with plenty of time to spare from the remainder of your working day, that's reasonable. But if you were 100 miles away and had only 1hr left before finishing work, that be unreasonable.

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

I get your point I will walk out if the meeting becomes about the grievance without my prior knowledge. Is it reasonable to think that instead of a phone call 3 weeks ago I should have something in writing by now?

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

Well considering its been the xmas and new years break, then its perfectly reasonable for their to be some delay, especially if they had a week or fortnight off over the festive period.

Yes definitely best to go to any meeting and only walk out if it becomes a grievance meeting or if that issue is what is being pushed. Though remain polite and calm, and request that if they wish to hold a grievance meeting then they are to write to you informing you of a date and time, along with your right to be accompanied. Also request they supply you with any evidence they intend to rely on in the meeting no later then 5 days prior to the meeting, so you may go over it and seek any necessary legal/employment advice!

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

My main concern is that the level of unprofessional is displayed so far will mean that I'm not treated fairly. In fact I've discovered that my district manager has even called people in that I am close to asking questions that I can't see are relevant to the issues in question that I believe to be just out of order to ask.

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

My main concern is that the level of unprofessional is displayed so far will mean that I'm not treated fairly. In fact I've discovered that my district manager has even called people in that I am close to asking questions that I can't see are relevant to the issues in question that I believe to be just out of order to ask.

We can ask for disclosure of the notes and witness statements in connection to those meetings. when requesting they disclose all evidence, interview notes and witness statements to you (they'd have to produce them at ET stage in any-case so can produce them with personal details blanked out at grievance stage). Which we will do once they write to you informing you of a date for meeting. For now, sit back and relax.

Oh make sure you secretly record the meeting, and if possible ask for a toilet break but leave your recording device in the room - You'd be amazed at what they may say whilst your outside the room, that can be used against them!

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

I've had my letter saying I am in next thursday. No details of the grievance but says that I have been invited to an investigatory meeting and then there are guidance notes about the procedure.

In the guidance it says I will be invited to a short meeting to find out the grievance details and receive notes etc. Where I can then go away and have another meeting to respond.

In the covering letter it says its to get my side of the story.

Also in the guidance it says an impartial manager usually a level above the complainant will be doing the investigation. What is an impartial manager? Because he is her line manager and at the informal meeting in november the allegations involved elements that would be of a personal concern to him.