Workplace bullying

[Pucinelli]

Hi,

In December last year whilst in a meeting with my line manager and a colleague I was subjected to a tirade of threats and abuse from the colleague, my manager did nothing, initially, other than say to me "where did that come from." I told him I wanted to raise a grievance to which he responded "he'll probably calm down in 20 minutes and apologise, he's like that." I wasn't happy with this and a little later I formalised the incident in an email to my manager informing him that I intended to raise a grievance.

This email set a process in motion where my manager, the colleague and my senior manager disappeared into an office for an hour emerging after I'd finished work. The following day I was called into a meeting with my senior manager who essentially spun everything I raised and blamed it all on me saying I instigated the outburst because I pointed a finger at said colleague - a blatant lie. This set in motion a rapid decline in my mental health, I'm neuro diverse and don't deal with conflict well, so I went off sick with work related stress.

I have complied with all of the occupational health appointments each of which the outcome report has stated that I would benefit from moving teams away from this colleague. In April an opportunity to return to work arose through moving teams which I requested - I was denied this saying there would be a reorganisation. The business has now arranged for external mediation which takes place this Friday, however, another opportunity to move teams has arose but again I was denied with the excuse that this team may only be temporary.

The business is aware of my neurodiversity and I've stated that the best solution for my return and the continued and sustained improvement to my mental health would be to move teams yet they won't allow me what I believe to be a reasonable adjustment which has resulted in me continuing to be absent from work. I would be very grateful if you could advise me whether I have any legal rights to move team please.

Just to add the union have offered little help and the business including the union have continually dissuaded me from raising a grievance.

[ULA]

I have some questions:

1. Last Dec when you sent an "mail to my manager informing him that I intended to raise a grievance." did you actually raise a formal grievance?
2. Each time you have attended and OH appointment and I presume a report, once you have given your consent, has been provided to your employer, has there been a follow-up meeting with you to discuss the recommended adjustments?
3. When did you make the business aware of your neurodiversity?

As the law stands the Equality Act (EqA) 2010 sets out that employers have a legal duty to consider and implement reasonable adjustments for employees with disabilities or health conditions, to ensure they are not substantially disadvantaged in their roles compared to others. An employer must assess whether an adjustment is reasonable, taking into account factors like cost, practicality, and the impact on their business operations. If an employer fails to make reasonable adjustments, the employee may have grounds for a disability discrimination claim.

[Pucinelli]

I have some questions:

1. Last Dec when you sent an "mail to my manager informing him that I intended to raise a grievance." did you actually raise a formal grievance?
2. Each time you have attended and OH appointment and I presume a report, once you have given your consent, has been provided to your employer, has there been a follow-up meeting with you to discuss the recommended adjustments?
3. When did you make the business aware of your neurodiversity?

As the law stands the Equality Act (EqA) 2010 sets out that employers have a legal duty to consider and implement reasonable adjustments for employees with disabilities or health conditions, to ensure they are not substantially disadvantaged in their roles compared to others. An employer must assess whether an adjustment is reasonable, taking into account factors like cost, practicality, and the impact on their business operations. If an employer fails to make reasonable adjustments, the employee may have grounds for a disability discrimination claim.

Hello ULA and thank you for replying.

Answers to your questions are as follows.

1. Following the email to my manager regarding raising a grievance his response was to call a meeting with my senior manager and the colleague involved whereupon the narrative around what happened was, to say the least embellished in my colleagues favour. Following that meeting I met with my senior manager who told me "it was six of one and half a dozen of the other you raised your voice so there's no point taking out a grievance as I have witnesses to that effect". I then went off sick as my mental health was shot to pieces from these experiences. Early in the new year I emailed the senior union steward asking him if he would support me raising a grievance, he replied saying that he didn't want me to raise a grievance as it was union member versus union member and he'd be overseeing another member being disciplined if it came to that. I then had (several meetings with HR Employee Relations Operations Consultant who. is there to get me back to work, I told her that I wanted to raise a grievance and she spent quite some time discouraging me, to the point were she offered mediation as an alternative to me raising a grievance. The option is still there to raise a grievance but it's being used, almost, as a threat to me.
2. Yes, each occupational health report has been provided to my employer and within each report is a recommendation for me to move to another team within the department. At each follow up meeting the move to an alternative team has been dismissed. A workplace risk assessment has been completed in which I cited this individual as the biggest risk to my return to work, hence the mediation as opposed to raising a grievance.
3. The business was informed at the application stage and I had a follow up with OH to inform them that my medication had changed. Throughout my OH reviews the OH practitioner has been aware of my neuro diversity.

My role is in middle management for a multi national car manufacturer, I work on the launch of new electric vehicle, my colleague involved in this matter is very talented and would be a massive loss to the project should anything happen to him whereas I can be replaced by any competent manage hence the reason they have closed ranks. It's my opinion that they don't want to move me as that leaves a trail that something has gone wrong and leaves him with an indelible mark that he was involved in something that required intervention. If I return to my previous team his behaviour will, at some point, resume as I'm not the first person this has happened to.

Your help with this is very much appreciated.

[Pucinelli]

Bumping this to see if anybody else can help me as ULA appears to be away.

[ULA]

Thank you for responding back.

1. So in summary it would appear that a formal grievance has not been raised and the incident occurred last Dec. Instead the outcome of you raising it with your manager is that it has been treated "informally" and meditation is being offered as a solution.
2. Would you be prepared to consider mediation as part of a process to try and get to a point where you can return to work?
3. At least from the start you have informed your employer of your neuro diversity and they do have a responsibility to consider reasonable adjustments that may have been advised either by OH, a consultant or GP.

If you do agree to the mediation and it fails, and then you request that the findings from OH is considered, you may be able to raise a grievance for disability discrimination for consideration not being given to the request for a reasonable adjustment in order for you to return to work.

Just to let you know that this was posted late last night but due to technical issues did not upload to the site.

[Pucinelli]

Thank you for responding back.

1. So in summary it would appear that a formal grievance has not been raised and the incident occurred last Dec. Instead the outcome of you raising it with your manager is that it has been treated "informally" and meditation is being offered as a solution.
2. Would you be prepared to consider mediation as part of a process to try and get to a point where you can return to work?
3. At least from the start you have informed your employer of your neuro diversity and they do have a responsibility to consider reasonable adjustments that may have been advised either by OH, a consultant or GP.

If you do agree to the mediation and it fails, and then you request that the findings from OH is considered, you may be able to raise a grievance for disability discrimination for consideration not being given to the request for a reasonable adjustment in order for you to return to work.

Just to let you know that this was posted late last night but due to technical issues did not upload to the site.

Thank you, ULA, for your reply. I have entered into mediation where my colleague simply came out with a pack of lies and eventually walked out because I wouldn't apologise to him, so unfortunately the mediation failed. I will email HR tonight requesting that the OH considerations are again reviewed. Would there be any mileage in now raising a grievance?

[ULA]

I would consider that you give them a chance to review the OH suggestions first. You never know, there may be some consultation with you about them or alterative reasonable adjustments that they may suggest.

[Pucinelli]

I would consider that you give them a chance to review the OH suggestions first. You never know, there may be some consultation with you about them or alterative reasonable adjustments that they may suggest.

So today was my latest absence review on site following my email to my employers asking them to review the recommendations of the previous OH reports and requesting a move to a different team as a reasonable adjustment under the Equality Act for my disabilities. Despite them previously saying a move wasn't possible, on this occasion the HRBP told me that she'd spoken to both the HR director and the senior launch manager and it was agreed that, as a reasonable adjustment, they would move me to lead a different team within the Launch Department. My manager didn't look too pleased as he was showing me the new structure, but would seem that unless I add reference to my disability and the Equality Act they don't come into consideration.

Thanks very much for you help with this and come payday I'll be making a donation to reciprocate your help.

[ULA]

Pucinelli thank you for the update and pleased to hear that the HRBP has reflected on the need to consider a move to lead a different team as a reasonable adjustment for you.

Wishing you all the best.