Grievance Case

[Rks2020]

Need some advice please,
Recently I raised a grievance case against my manager due the the manager making an accusation about me. The accusation was unfounded and basically implied that an agreement I had in place with my previous manager, I could have fabricated. Needless to say that I had this in writing and signed.
I replied that I was not at all happy with the comment made and it was totally unprofessional.
I raised this issues with union and there was an informal meeting arranged where I raised this issue. This was not refuted and on my request I requested an apology, reluctantly given. I stressed that I had been experiencing stress full times and anxiety, sleepless nights as my integrity had been questioned. I requested that the manager be relocated out of my office as previous managers had used open plan areas. This was dismissed by the higher manager stating that I needed a regular face to face contact, I said I will try and see how things progressed.
I had given some time time and I am still suffering silently, had consultations with mental well being professionals, but I still need what I requested.
I had recently decided to put in a grievance case, stating all the facts and my proposed out ome.
I was always sceptical about who was the case manager there is close working relationships between them and my manager.
My grievance case was not upheld. Main reason cited was no witnesses!
Strange that the fact I mentioned in the interview that the incident had been discussed in an informal meeting! And not refuted.
Also it was suggested that I move office to help me with my mental well being. This is absolutely out of the question and not practical. My office is central to all the work areas I need constant access to.
I immediately have raised an appeal, yet to put in all the details as to why.
I did not want to involve anyone else but I have been forced to request that a person who was in the office at the time of the incident to be a witness.
They have agreed though they cannot reme3 all that was said to me but they had the jist of what was said and they recall me talking to them immediately the manager left the room.
My question is, the fact that the grievance outcome basically to me is suggesting that I lied or am not believed and I think the manager must have disputed what I claimed was said to me.
For this I have defence in the way if a witness so where do I stand in terms of the manager basically lying as I do have a witness.
Surely now this is a disciplinary case too now?
I am awaiting relevant forms to fill in for my appeal.

Thanks for any info, advice.

[ULA]

It is not for you to determine whether any disciplinary action is taken against the manager, it will be down to the company to investigate and then make a decision.

What you need to do is ensure that your appeal is as robust as possible in detailing your case and the evidence you have to support it.

[Rks2020]

If I may request some help please and other views?
I have recently taken out grievance against a manger which was not upheld, I appealed, that too was not upheld. In both cases I believe there was conflicts of interest between the person chairing the hearings and the manager as they all have close working relationships.
The appeal was not upheld but it was recommended that the manager work in a different area to mine whilst mediation process is going on.
Soon after manager was relocated I have have had an interview for possible conduct code which alledifli taking time off without permission, which I disputed it's my word against same manager.

Next day I receive another letter stating they have noticed I am receiving allowances which I should not, and that it could have been due to errors.
I have shown the a letter to confirm these allowances from Hr when I took up the post, this was agreed part of me taking up the role.
They have now removed the allowances never the less.
To me this is systematic victimisation as I see it.
Since the incident for which I took out the grievance, I have been suffering from anxiety, low mood, depression. And now am on medication.
Do I have a case against the employer for this?

[ULA]

It is not unusual for mangers to have a good / close working relationship but they should be professional enough to impartially deal with a grievance and appeal. Although not upheld, it does seem that there is an attempt to try to resolve things via mediation, which should be seen as positive.

I would not agree at this moment that the two instances you have related could be deemed to be “systematic” victimisation, there would need to be more instance for it to be classed as such.

Has there been any further action taken after your interview of the alleged taking time of work without permission? If so, what has that been? If not when did your interview take place?

Regarding the allowances:

1. Are you still doing the role for which you were given the allowances to move to that role?
2. On what basis where the allowances given for example were they discretionary?
3. What notice where you given that the allowances would be removed?
4. Have you spoken to anyone in HR and maybe specifically the person who signed the letter confirming them about their removal and on what basis if you are still doing the job?

[Rks2020]

Hi,
I have just received the 1st stage of fact finding for me to read and sign that my statement is true. So I do not yet know if they will take this further to conduct stage though it's a case of my word against managers that I was told they will get my leave authorised.
Regarding the shift allowance, I negotiated that during my interview and my previous manager agree that I can have it, was then put in writing by Hr but there were no conditions put on it that I should have to work x amount of shifts. My manager at the time has left the business.
The allowance was removed, I was given less than a weeks notice, their argument being shift allowance is only paid for people working shift but I did say it was given to me should there need to be cover in emergencies.
I am still doing the same role yes.

[Rks2020]

Sorry I have not spoken to HR, but they will just agree with the new managers that I should not get it.

[ULA]

Sounds like the leave situation may get resolved.

Thank you for the further detail on the shift allowance have you ever been asked to cover in an emergency? If so how many times has this happened an over what period?

For those people on shift allowance is there a policy in place regarding changes / removal of shift allowance and if so what does it say?

[Rks2020]

I have covered shift a few times over last 2and half years, not sure exactly how many, but also have always been available to deal with issues from home.
Technically I guess I'm not eligable but as I don't do shift cover generally, my argument is that it was a negotiated deal.
The reason I think this is a case of victimisation is that one of the staff had always begrudge me getting this allowance and tried to persuade previous manager to remove it. Now new manager arrives and takes a dislike to me and especially after raising grievance she is told by this member of staff about the allowance and soon after my allowance is removed.

[Rks2020]

Another point is though I am not sure, am I protected under the equality act, I am awaiting professional diagnosis for mental illness caused by the incident and am now under medication, so awaiting to get confirmation if I need it? I read that if the illness is been for 12 months or likely to last 12 months or more one can be protected under the equality act, would I then have any recourse as being decriminated against? My condition was mentioned in the grievance processes.

[ULA]

Response to post #8

I would agree that you are technically not eligible to the allowance but accept that you negotiated this as part of your move to the role. However, unless it was agreed as a contractual benefit, it can potentially be removed. Most companies allowances are non-contractual and specific to a role and can be removed if the person no longer performs the role or for any other reason.

Potentially if they were going to remove the allowance then possibly it could be argued more notice should have been given.


Response to post #9

If you did qualify under the Equality Act, you would have to prove that the removal of the allowance was an act of discrimination and would not have happened so someone without a disability in the same role or in a similar situation i.e. not really undertaking shift work but still getting the allowance as if they were.

[Rks2020]

MY Dr has given me fit note with his recommendation that my manager works from a different area than me to help with my anxiety and depression, I have sent this to main manager.
I have not gone sick but he has written this, I have sent it in to the main manager in confidence.
This was sent 2 weeks ago, I have not heard anything back, does the emoloyer need to follow the advice of the Dr?
My 2nd stage of mediation talks are not yet complete, but I cannot see us resolving anything especially us working in the same room, at the moment manger is working in different area until end of mediation.
My concerns are my mental health issues will worsen if the manager is allowed to return to work opposite me.
Where do I stand on this if main manager does not follow GP' s advice, do I need to request OH to diagnose my issue?

[Benny8902]

MY Dr has given me fit note with his recommendation that my manager works from a different area than me to help with my anxiety and depression, I have sent this to main manager.
I have not gone sick but he has written this, I have sent it in to the main manager in confidence.
This was sent 2 weeks ago, I have not heard anything back, does the emoloyer need to follow the advice of the Dr?
My 2nd stage of mediation talks are not yet complete, but I cannot see us resolving anything especially us working in the same room, at the moment manger is working in different area until end of mediation.
My concerns are my mental health issues will worsen if the manager is allowed to return to work opposite me.
Where do I stand on this if main manager does not follow GP' s advice, do I need to request OH to diagnose my issue?

I am not a solicitor. I can provide some advice. Which if I was you I would be doing when the time comes. Such as the OH report if they ask for one.

Though for now I would hang fire - see what the outcome of the mediation is. If its not favourable - then I would employ section 44, and I would send the email directly to HR from your personal email, prior to this if need be I can provide a template. Below is some information.

1. If you are mandated to attend OH - YOU MUST inform the OH provider that, you will be recording the conversation, and that if they fail to make an accurate report that matches the audio recording you will file a complaint with the General Medical Council or his equivalent governing body. This because OH providers duty of care is to the employer. NOT you. Also have a family member attend for note taking and inform the OH provider of this.
   .
2. You are legally allowed to review the report before it is dispatched to the employer. If the report is not accurate or favourable to you, then under s.4 and s.5(1) of the Access to Medical Reports Act 1988 you are legally within your right to refuse said report being disclosed. Your obligation per contract of employment is generally that you MUST be evaluated by the companies OH provider. And that's as far as they state.
   .
3. Then tell your employer the below - paragraph 16 of Merseyside and North Wales Electricity Board -v- Taylor [1975] ICR 185]:
   “The Court of Appeal made observations on the significance of a medical certificate, but in the absence of any contradictory medical evidence, the thrust of the decision is that in that case a tribunal should not go behind what appears on the face of the medical certificate. It was not open, once that medical certificate had come in, for the Respondent to maintain any doubt as to the reason for absence in the absence of any contradictory medical evidence.”
   .
4. Then for the fact if they refuse to remove the manager from working with you , and you have medical evidence to that effect, which is your FitNote provided by your GP stating as a matter of fact you have 'anxiety with depression', then section 44 of the ERA 1996 can be used.
   .
5. Which provides employees with the right to remove themselves from a working environment that poses a serious and imminent risk to their health and safety. (Such, the manager still returning to work with you post mediation) so you can remove yourself from the working environment if it "could" further exacerbate your health. Which with 'Anxiety and depression' you could make a strong argument for.
   ..
6. On the point of covered under the Equality Act - it's a low threshold, it's more about the effects of the impairment. Remember that when attending your GP to have every detail written down, even if it seems minor to you, such as not sleeping, panic attacks, low energy, heart palpitations. Follow up with your GP say couple weeks.

[Rks2020]

Thanks very informative info

[Rks2020]

I am finding my office being reorganised, when I am on leave, then receiving emails explaining where things should go and what I need to do ect.
This is making me feel very uneasy and unsettled, seems to me that is deliberate to say, "I am coming back"
I know I sent the head manager an email in confidence about me being on medication and the fit note stating I should not be in same working as my manager but do I need to explain / disclose my mental state to my manager hoping it would stop the manager of making such moves prematurely of final mediation outcome?
Also the manager disclosed in 1st mediation that they will be allowed back into my office after mediation, I was asked if this could happen sooner, I replied that I was not in the right place mantally at the time.
I think and I know I am suffering from these anxiety attacks and GP has confirmed this in Fit note, do I also disclose this to the mediator in confidence as I'm also experiencing lack of concentration, making more errors, forgetting simple things now, which my manager could use against me as unable to perform my job?
But this situation is getting worse, I have booked another consultation with phycologist due to this.

My union rep has advised me to start filling out ET1 form, just looked at it seems very time consuming but I will do it as I do not feel any of my concerns were taken seriously and also have no confidence in the managers who overseen the grievance's I have filed to be impartial as they all work together in same dept.

[Benny8902]

I am finding my office being reorganised, when I am on leave, then receiving emails explaining where things should go and what I need to do ect.
This is making me feel very uneasy and unsettled, seems to me that is deliberate to say, "I am coming back"
I know I sent the head manager an email in confidence about me being on medication and the fit note stating I should not be in same working as my manager but do I need to explain / disclose my mental state to my manager hoping it would stop the manager of making such moves prematurely of final mediation outcome?
Also the manager disclosed in 1st mediation that they will be allowed back into my office after mediation, I was asked if this could happen sooner, I replied that I was not in the right place mantally at the time.
I think and I know I am suffering from these anxiety attacks and GP has confirmed this in Fit note, do I also disclose this to the mediator in confidence as I'm also experiencing lack of concentration, making more errors, forgetting simple things now, which my manager could use against me as unable to perform my job?
But this situation is getting worse, I have booked another consultation with phycologist due to this.

My union rep has advised me to start filling out ET1 form, just looked at it seems very time consuming but I will do it as I do not feel any of my concerns were taken seriously and also have no confidence in the managers who overseen the grievance's I have filed to be impartial as they all work together in same dept.

ULA Will be able to provide more concrete advice.

Though I would advise for you to return to your GP and be signed of as 'unfit for work', then I would send an email from your personal email address to the HR department, and in that email I would state;

Please find attached my Fit Note which cites "condition you have" as the reason for my disability-related sickness from work.

Please confirm receipt of the attached

Yours sincerely,

x