Employer issues

[Pucinelli]

Hi All, I'll keep this as briefly as possible as it is rather convoluted.

I have worked as a team manager for a multi national food manufacturer for six years, during 2021 I was under so much pressure from my then line manager that I ended up taking time off with depression and was prescribed anti depressants which I remained on for more than a year. in April last year I was involved in an incident, during a night shift when I was the senior person on site, in which an indirect report jumped off his FLT and became verbally aggressive, invading my persona space and pushing his finger into my face. He refused on six occasions to accompany me to my office even after I had contacted his union representative. He then left his truck parked up in impact mode and left site.

I made a full statement and sent it to my manager, the individual's manager and HR, he returned to work and immediately raised a grievance against me for bullying and harassment, he was not investigated as to why he left site let alone the incident in question. Following his return he began a campaign of passive aggression against me, I raised this with the appropriate people asking for support and for the incident to be investigated. Their answer was to move him to plant two but he was still allowed onto plant one and continued to be passively aggressive with me. During the grievance hearing (in which I was found to have acted appropriately) I requested that both parties were suspended given that the allegations raised against each amounted to gross misconduct if proven - this was refused.

I continued to ask for support and advised my employer that this situation was now having a detrimental effect on my mental health, I had previously spoken to occupational health regarding the matter and had subsequently raised a referral for assistance from them. Following my request for support and my detailed email describing how this whole situation was affecting me and that I didn't want to take time off work as I didn't want to go back onto anti depressants and I knew that would happen if I went off sick the business answered this by saying my OH referral was out of procedure and they would complete one, however they added "capability" to their referral. It was now June and there was still no investigation.

In July I requested a welfare meeting with HR and my line manager, this turned into an ambush where I was told I was moving shift and going into a different department, on which I was completely unfamiliar with. During the meeting I wasn't listened to, again I asked for support to prevent me from going off sick and returning to anti depressants, I also went into detail about how I'd had an adverse reaction to the medication when I first began taking it and how I had very serious concerns should I return to it, this was totally disregarded and I left the meeting feeling bullied and desolate. I continued to argue that the OH referral was for my well being and they couldn't take this away to replace it with their referral but the HRBP dug her heels in and insisted that this was going ahead, in response and to prevent this |I raised a grievance and went off sick, this resulted in a return to anti depressants.

I have recently had two meetings with the business aiming for a return to work, during the meetings the HR director has simply been managing my expectations saying "yes we left it too long to investigate we should've done it sooner but now it's too late, the HRBP thought she was helping you by referring you for capability but perhaps should've explained it to you in detail you would've understood." They are also insisting I still have to change shift and department, I have told them that I'll change shift but not department as it's just too much for me to cope with. I have another meeting on Thursday when I'll find out their decision.

My question is where do I stand with all of this? I know I should've taken them to an Industrial Tribunal for their bullying but I just wasn't well enough to think straight during the three month qualifying period and now I feel that I'm just being paid lip service to with no real prospect of support let alone closure.

[ULA]

Can you clarify whether the two meetings you have had recently are as a result of the grievance you raised before going off sick?
Are you still off sick?

Also from a legal perspective their is no Employment Tribunal (it is not Industrial Tribunal) claim that you can make for bullying, unless there is a discriminatory element or whether the fact of the bullying or the employer's response to it is in breach of an express or implied term of the contract of employment? If the latter then once following any internal procedures you would effectively have to resign and try to claim constructive dismissal which can be a difficult claim to bring.

[Pucinelli]

Can you clarify whether the two meetings you have had recently are as a result of the grievance you raised before going off sick?
Are you still off sick?

Also from a legal perspective their is no Employment Tribunal (it is not Industrial Tribunal) claim that you can make for bullying, unless there is a discriminatory element or whether the fact of the bullying or the employer's response to it is in breach of an express or implied term of the contract of employment? If the latter then once following any internal procedures you would effectively have to resign and try to claim constructive dismissal which can be a difficult claim to bring.

Hi ULA and thank you for taking the time to reply.

Both of the meetings so far have been at my request but instead of being open and honest they've essentially used the opportunity to manage my expectations and create their own narrative, such as,"everybody has their own interpretation of events so maybe you just saw the fact that he got off his truck as aggressive." For goodness sake he was roaring in my face an pointing his finger into it, he left site and his truck was found in impact mode - a potential H&S breach but none of this was investigated. I, however, was investigated in the grievance for bulling and harassment that he raised.

With regard to the grievance the business have asked me what I wish to do here, they have pointed out that as a line manager I have to have a good working relationship with the HRBP so any grievance, regardless of outcome, would impact this. I have told the HR director that I will consider further what I want to do regarding the grievance.

[Pucinelli]

Just to add, yes I'm still off sick and the two meetings were to discuss how to facilitate my return to work.

[ULA]

I think on a practical level (my opinion only) that the incident was not properly investigated at the time in respect of your version of the events that happened in April last year and that you were the one who had a grievance raised against you. Given the time that has passed, however unfair you feel the situation was handled it does not appear that anything further is going to be done about it. In addition, any action if taken now against the other person, given the incident was in April would arguably be considered unfair by that individual, due to the length of time since the event.

I would suggest you need to consider your health and how best to facilitate a return to work and that should be the focus of how you move forward with management and HR. A OH assessment would be helpful for both you and the company however you need to jointly agree the terms of reference under which the referral is being made which will assist whoever is carrying out the assessment. You may have to compromise and so long as you get in the referral terms that assist you in your recovery you may have to accept some element of what the company needs to know to assist with a return to work.