Can An Employer Take Action Against An Employee Because They Voice Their Opinions?

[BBB]

I'm in a bit of a funny situation at work. I have a team leader who is going for promotion and he has taken offence at me because I have been vocal in voicing criticism of recent changes brought in by our management. I am not the only person who has voiced criticism but I think I am being singled out because I am the most vocal. He is trying to treat my opinions and voicing of them as a performance issue and wants to invoke the unsatisfactory performance procedure against me. I am of the opinion that he is bullying me and I have stated as much to him. The upper levels of management have dismissed my claim (without even speaking to me about it would you believe).

Any advice would be most welcome. I have been employed where I am for just over 26 years and with regards to my actual job they can't touch me as my performance and standards of work are excellent. I am assessed twice a year ( I am in a training role which is why we have to be assessed delivering a lesson)and the assessments are excellent. My annual appraisals for the last 3 years are also of a good standard. My sickness record is good too, having only taken 7 days sickness within the last 3 years.

The team leader is trying to say that my opinions about the management and their changes are offensive, which I strongly dispute. I personally believe that he has gone down this path to help his promotion process and to show that he is not afraid to tackle contentious issues and to provide evidence of that. I am not prepared to be a fall guy for his personal ambitions.

[natweststaffmember]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

I'm in a bit of a funny situation at work. I have a team leader who is going for promotion and he has taken offence at me because I have been vocal in voicing criticism of recent changes brought in by our management. I am not the only person who has voiced criticism but I think I am being singled out because I am the most vocal. He is trying to treat my opinions and voicing of them as a performance issue and wants to invoke the unsatisfactory performance procedure against me. I am of the opinion that he is bullying me and I have stated as much to him. The upper levels of management have dismissed my claim (without even speaking to me about it would you believe).

Any advice would be most welcome. I have been employed where I am for just over 26 years and with regards to my actual job they can't touch me as my performance and standards of work are excellent. I am assessed twice a year ( I am in a training role which is why we have to be assessed delivering a lesson)and the assessments are excellent. My annual appraisals for the last 3 years are also of a good standard. My sickness record is good too, having only taken 7 days sickness within the last 3 years.

The team leader is trying to say that my opinions about the management and their changes are offensive, which I strongly dispute. I personally believe that he has gone down this path to help his promotion process and to show that he is not afraid to tackle contentious issues and to provide evidence of that. I am not prepared to be a fall guy for his personal ambitions.

Are the criticisms constructive or not?
The bit in bold BTW is the bit that is actually your defence. Have they called you to any disciplinary meeting?

[BBB]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

Yes, I regard the criticisms as constructive, I am not criticising for the sake of it, but because the changes have made the working environment more difficult and it is harder to liaise with the colleagues that I work with on a day to day basis because we have all been put into different teams under team managers who know nothing about what I do. I am now part of a team of 7 staff of which only one of those is involved in delivering training in the same subjects that I do. My team leader delivers training in other areas and has absolutely no expertise in the training packages that I deliver, so I can't even go to him should I have any issues.

I have not been called to any disciplinary meetings as yet, but the mention of using the unsatisfactory performance procedure 2 days ago was a bolt from the blue, along with the team leaders assertion that he regards my opinions as a performance issue.

[fuzzybrain]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

How was the issue raised? Was it done in a one to one meeting, via letter etc?

Do you have a grievance procedure? Your personnel department should have a copy of it.

If this gets as far as displinary action then you will need as much info as possible to fight your case - it will be very hard for them to fight against hard evidence.

Do you have copies of your previous reviews and that no issues where raised on them? If not, I would obtain them and keep copies somewhere safe.

Supervision notes are also a good records of issues discussed - if they are unhappy with your performance then it should be raised informally at supervision and you shoudl be given chance to address these concerns and an plan put together of how to over come the issues and a time scale for this plan.

You could ask for a interview with the manager and take in a witness to the meeting and discuss the issues they have raised with you (some on from personel or another senior that you trust would be a good choice). I would take minutes of that meeting as this could be useful evidence in the future if needed

[Glenn UK]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

FWIW I don't think voicing your opinions whether they're constructive or not is a matter for disciplinary action.

clearly if you were abusive or disruptive then its likely action could be taken. I am not suggesting you were troublesome, merely making the point that having an opinion that doesn't suit the management is not a matter for disciplinary action, your behaviour could be though.

There are a couple of key issues you should remember if you think they are bullying or harassing you in any way.

First thing is keep a diary, the second thing is keep a diary, and finally keep a diary.

Oh and remember there is no such thing as an informal chat. If they know what they are about they will make notes and get you to sign them saying you have seen them, although you don't have to sign to say you agree with them.

It doesn't matter if you wont sign them to say you have seen them, they should give/send you a copy and record the facts so there is no real problem signing them to say you have them or have seen them.

Regarding the changes to the team structure and who you report to and their skills etc. As sad as it may be for you, i don't think you can really complain about how the company wishes to organise their workforce, notwithstanding of course how it might impact on your terms of employment.

it may be crappy and I'm not saying don't say anything but if they feel you're being disruptive or causing problems with your colleagues they may try to cite that.

Finally please don't feel I'm prejudging you, i have no idea how you react or behave at work, i am an employer (hopefully a reasonable one) but know how difficult managing change can be for everyone involved.

JMHO

Glenn

[righty]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

Sorry Glenn whilst I agree with most of your comments my advice to the OP is sign NOW'T under any circumstances & if asked refuse .................. I kid you not but to often have I seen a signed document suddenly mushroom from 1 page to 2 pages or more none of which has ever been seen by the subject

In such circumstances never ever sign anything without 1st seeking legal advice

However if you feel you have no choice but to comply with their demands insist on a copy countersigned by them

[Glenn UK]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

Righty

I don't disagree with your sentiments at all.

I guess the employee is in a difficult position though given that in most cases the employer is perceived to have 'power and authority'.

When we interview our staff whther its for good or bad, notes are produced typically agreed between company and employee and then signed by both parties with copies for each dealt with at the same time.

i guess that we have rarely had to sack anyone and so the produciton of notes seems a generally good thing for both sides so that everyone can be reasonable sure what has taken place.

Perhaps a better course of action would be to sign, initial and NUMBER all pages if forced to? And ensure that there are two copies both of which are signed/numbered by the employee at the same time.

It makes it harder for the unscrupulous employer to reconstruct any documents then.

Anyway good point by righty, i am basing my coments ion the kind of things we do, i realise that everyone else is not as fair as we are.

Glenn

[zeitgit]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

Hello there, Zeitgit checking in. I'll send you a reply later

[zeitgit]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

BBB - It's been a while since you first posted this thread. I was wondering how things are going at work? And are you remembering to keep that diary of all interactions with your line manager?
Given that bullying at work is so stressful, it might be a good idea to speak to your GP about it, get it on record. If, forbid the thought, you end up in a position of having to go to employment tribunal, you have some external documentary evidence of how it's all impacting upon you.

zeitgit

[Ragdog]

Re: Can An Employer Take Action Against An Employee Because They Voice Their Opinions

Just thought I would say, you cannot get compensation at a tribunal for plain bullying, the case has to be made for sexual discrimination, religious etc. I know this is not fair as someone may just be bullying you because they dont like you, it does not necessarily have to be for any other reason but the law is not always fair.