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Human Resources and Confidentiality

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  • Human Resources and Confidentiality

    If I were to write a grievance / complaint against my manager and sent it to HR and ask them not to reveal my name, but instead carry out their own investigation, would they have to keep my name secret?

    Complaint is about my manager and stress, references to my age / retirement date, managers scheming / deceit / lies and shouting.

    I do not want HR to pass the grievance to the Regional Manager either, because the manager and RM are buddies. I just want someone from a different department to investigate or HR themselves.

    If my manager finds out I sent such a letter its going to cause animosity. I'm happy to work with the manager but with NO MORE causing me stress, references to my age / retirement date, scheming / deceit / lies and shouting.

    Thanks

    Have been drafting my letter for ages then putting away, thinking I'm only going to cause trouble for myself. But then I keep opening it up again because my situation is unbearable.

    And, no I don't want to go find another job.

    UK LAW
    Tags: None

  • #2
    How could HR investigate your manager's conduct towards you without mentioning your name? I can't imagine how that would be possible.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Originally posted by PallasAthena View Post
      How could HR investigate your manager's conduct towards you without mentioning your name? I can't imagine how that would be possible.
      Oh dear. Just realised you're correct.
      Suppose I just want an outside observer to sort out the problem. When the corrupt Regional Manager gets hold of complaints, they're just buried under the carpet and nothing is done and the manager (her mate) is excused. Seen it before

      Comment


      • #4
        Even if HR did not mention your name, they would have to speak to your manager about the grievance and set out what has been alleged. In doing this I would presume that would identify you to your manager?
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        Comment


        • #5
          Originally posted by ULA View Post
          Even if HR did not mention your name, they would have to speak to your manager about the grievance and set out what has been alleged. In doing this I would presume that would identify you to your manager?
          Yes, I realised that after PallasAthena posted.

          So alternatively I have thought of writing:

          I wish the matter to be dealt with privately and confidential by HR only, in the first instance. I am reaching out directly to HR, having bypassed the Regional Manager because I need the opinion of an outside observer and not those affiliated with my site because I have serious concern that my name will be leaked to MANAGER before an investigation has even begun. I expect then to be witness tampering and MANAGER will seek vengeance or there may be animosity.


          Is that okay or too dramatic with mentions of witness tampering and vengeance?

          Comment


          • #6
            In my grievance letter can I say things like : I believe the manager has lied, is devious and deceitful?
            I have provided examples.

            Can I mention names of people who I think can back up my claims? I've not asked those people if they would support me because I do not want to be seen to be plotting / witness tampering

            Comment


            • #7
              Originally posted by Colonel View Post
              In my grievance letter can I say things like : I believe the manager has lied, is devious and deceitful?
              I have provided examples.

              Can I mention names of people who I think can back up my claims? I've not asked those people if they would support me because I do not want to be seen to be plotting / witness tampering

              I take it your based on England. I would be very careful in how you frame what you say, you should use words such as obtuse, or statements "no wonder they didn't go far enough to find the facts"

              You want to remove the emotion when writing a grievance otherwise you provide the employer a chance to rubbish and say "our point" is proven by the content of your letter.

              Comment


              • #8
                Originally posted by Colonel View Post

                Yes, I realised that after PallasAthena posted.

                So alternatively I have thought of writing:

                I wish the matter to be dealt with privately and confidential by HR only, in the first instance. I am reaching out directly to HR, having bypassed the Regional Manager because I need the opinion of an outside observer and not those affiliated with my site because I have serious concern that my name will be leaked to MANAGER before an investigation has even begun. I expect then to be witness tampering and MANAGER will seek vengeance or there may be animosity.


                Is that okay or too dramatic with mentions of witness tampering and vengeance?

                if youre raising an issue of 'age discrimination' as per post #1, then any detriment you suffer would be classed as victimisation, as they are prohibited when you make a grievance in good faith under the EqA.

                It's called a protected act.

                Comment


                • #9
                  Colonel I would really advise that you do not use the wording you have set out in your post #5 and start of #6.

                  You have clearly stated you feel you are being discriminated due to your age which is a protected characteristic. You will need to set out dates, times and details of the recent events and whether any witnesses where present.

                  I would suggest that you explain that you are going to HR directly, as you do not feel your grievence will be investigsted impartially by your mannagement structure.
                  If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                  I do my best to provide good practical advice, however I do so without liability.
                  If you have any doubts then do please seek professional legal advice.


                  You can’t always stop the waves but you can learn to surf.

                  You are braver than you believe, smarter than you think and stronger than you seem.



                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Comment


                  • #10
                    This is more difficult than I thought. So there is risk that if I don't use the proper words my grievance will be dismissed. Or 'thrown out of the court'?

                    Then should I get solicitor to word it for me? I do have a union. Should I just pass the matter to them? Though they are not quick.

                    My problem is the work load that is piled on me prevents me doing my job safely (risk to public and my own license) because I have to be quick. I end up missing lunch and working past my shift too. Work is piled on because because more jobs finished = more money. I just want the work load reduced and stress to end.

                    [ I do know a notary public. Do you think a notary can reword my grievance letter and then I type it up myself ] ... probably a silly question. But I need fast action because the dragon of a manager is coming for me . I just sense it.


                    ^^ Yes Benny, based in England


                    My colleague recently contacted a solicitor from my union for a similar matter. The solicitor was hounding my colleague to get on with it and either bring a case or stop wasting time. My colleague just wanted advise in the first instance and not dragged into a case.
                    All I want is a properly worded letter. I want it written by a solicitor and then I'll just copy it. Obviously I'll pay the solicitor. I don't want to get legal involved with my employer so soon.

                    Maybe I'm just being chicken
                    Last edited by Colonel; 6th May 2024, 20:19:PM.

                    Comment


                    • #11
                      No-one has said that if you don't use the proper words then your "grievance will be thrown out of court" what you are being advised is not to use inflammatory language as you have set out in your posts I mentioned.

                      Keep everything very factual, certainly on the age discrimination and detail it as I have set out in my post #9 - date, time, what was said that was age discrimination and whether there were any witnesses. If you are also having an issue with workload and stress it is causing, again give examples of when this has happened and what you have been expected to do and the impact on you e.g. having to work late, missing lunch.

                      You say you are in a union then I would certainly speak with your rep and see if you can get some support in writing your grievance that is what you pay your fees for at times like this. At least expore this before considering spending further money to get a solicitor to draft such a letter.
                      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                      I do my best to provide good practical advice, however I do so without liability.
                      If you have any doubts then do please seek professional legal advice.


                      You can’t always stop the waves but you can learn to surf.

                      You are braver than you believe, smarter than you think and stronger than you seem.



                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Comment


                      • #12
                        Originally posted by ULA View Post
                        No-one has said that if you don't use the proper words then your "grievance will be thrown out of court" what you are being advised is not to use inflammatory language as you have set out in your posts I mentioned.

                        Keep everything very factual, certainly on the age discrimination and detail it as I have set out in my post #9 - date, time, what was said that was age discrimination and whether there were any witnesses. If you are also having an issue with workload and stress it is causing, again give examples of when this has happened and what you have been expected to do and the impact on you e.g. having to work late, missing lunch.

                        You say you are in a union then I would certainly speak with your rep and see if you can get some support in writing your grievance that is what you pay your fees for at times like this. At least expore this before considering spending further money to get a solicitor to draft such a letter.

                        Thanks LB.

                        I had given up a short while ago. Just started up again after reading your message.

                        Please stay online for the next 30 mins or so [EVERYONE]. I'm going to try and finish and send in my grievance. I may need help.

                        QUESTION Can I say:
                        • I am wrongly accused of delays. I feel there is risk of me being used as a scapegoat for the complaints, putting my job at risk.
                        QUESTION:
                        Can I say : I feel that she is devious. [I'm not actually saying she's devious but just telling my opinion]. Or do I have to describe her actions in the hope that HR will interpret them deviousness themselves?

                        Comment


                        • #13
                          • Manager has schemed and behaved deviously in an attempt to discredit me, putting job at risk.
                          How do I say this without actually saying she's scheming?

                          I was thinking saying: Why did the manager act this way? What did the manager want to achieve by her action.

                          Comment


                          • #14
                            Can I get sacked for writing a grievance?

                            ______________
                            Just given up. Its doing my head in. Good night

                            Comment


                            • #15
                              Originally posted by Colonel View Post
                              Can I get sacked for writing a grievance?

                              ______________
                              Just given up. Its doing my head in. Good night


                              You cannot be 'sacked' for writing a grievance, however if you write it in bad faith, or state things which are considered 'defamatory', or use malicious language they can discipline you (well at least most policies and procedures within companies say this) best to read the policy your employer has.


                              I have a few questions.



                              For example when you write:
                              • Manager has schemed and behaved deviously in an attempt to discredit me, putting job at risk.
                              What do you mean? How have they behaved deviously? Or what actions have they taken to 'discredit' you? Would you say this is connected to your age?


                              Then this:
                              • I am wrongly accused of delays. I feel there is risk of me being used as a scapegoat for the complaints, putting my job at risk.
                              Why have they accused you of delays? Do you think this is connected to your age?


                              Do you think managers are targeting you and shouting due to your age? Is this a significant thing are you much older than other employees? Or is the age only concerned around your retirement age?


                              Sorry to ask this question but I think this is important, with your age, would you say your output against other employees is slower due to your age etc, compared to younger colleagues?

                              You also say:
                              work load that is piled on me prevents me doing my job safely (risk to public and my own license) because I have to be quick

                              Are they breaking health and safety, and causing a risk to the public, and or yourself and other employees? Which would fall into HSWA 1974?


                              Sorry for these questions. I understand this process can be a nightmare having been through it myself. If you can provide answers to the above in some detail while remembering not to disclose anything sensitive.


                              Trying to find something for you to sink your teeth into, once you have found that then you can craft an appropriate grievance in the right tone
                              Last edited by ULA; 7th May 2024, 20:40:PM. Reason: Age references removed

                              Comment

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