Breach of confidentiality and lack of upper management support

[apw74]

HI,

I need advice I have a major with the rather large corporate machine I work for.

I have had an ongoing issue with an employee I manage for over two years. I have followed the process issued by our HR which has failed so on and so forth.

Now 3 months back this employee came into work, and I questioned why a certain task hadn't been competed for over six weeks. This was responded via a verbal assault. I was shouted down in front of my entire team. This employee then picks up his belonging and storms out of the office. Day after a sick note arrives in for stress.

OK I think in form our HR, their thought that walking out is misconduct and this employee should now be dismissed. The employee is off for total of six weeks sick note then goes AWOL for a further seven weeks.

During the AWOL he writes to HR with a flimsy grievance. Which HR wouldn't investigate until his return despite it being very none specific at best. I got no support from my manager or employer. I had to cover this employee’s work myself in his absence.

So the employee announces he's coming back, out HR let me know at tell me to suspend him on his return which I did. HR then holds his grievance hearing, which isn’t up held.

Now I must admit during all this I have been highly stressed and have confided in our HR that I had doubts on my mangers ability to assess the situation. As my manager now was in my role and took on this employee, during conversation my manager doubted everything I told him and actually back this troublesome employee. Issue I have is the HR person has told my manager all my confidences which have made the relationship with my manager intolerable and I can longer trust HR.

So I am told I could be disciplined for this. I feel this is a breach of confidence on HR, but HR claim I was stressing them out with constant calls for updates on the situation. I feel that at no point has anyone in the organization recognized my stress levels I am on two forms of prescription medication.

So now I am persecuted by manager and HR for trying to do the right thing.

Back to the story, the employee has appealed his grievance decision and now played at this late stage the race card against me too.

I am not offered any info or support and now I have no avenues left to turn to for support. I am basically hung out to dry. I am told the employee will return to the work place before his appeal hearing which still levels me in a position where I have to manage someone who alleged I am racist in whatever form this is.

I have absolutely no where to seek advice. I feel I am put in a no win situation and this may be the start of a way to remove me from the business; I am persecuted for doing my job. I feel my manager is creating an unsafe working environment for both me and this employee by not resolving this before his return etc, but all this has been dismissed as noise.

Any advice would be greatly appreciated

If anyone feels I need to explain more etc let me know, this post is long enough as it is sorry.

[bedlington83]

Re: Breach of confidentiality and lack of upper management support

What is the on-going issue with the employee and what have you done to resolve it?

So I am told I could be disciplined for this.

What is "this" and who told you?

I am told the employee will return to the work place before his appeal hearing

I thought he was suspended pending disciplinary action for misconduct in respect of storming out. What's happened with the disciplinary?

Am I correct in assuming that your boss was promoted and that you, in turn, were promoted to his previous position? If so when did this happen?

[apw74]

Re: Breach of confidentiality and lack of upper management support

The employee was suspended pending action and still is due back Monday with the pending appeal and racism claim still open, there were several issues the employee caused not just the walking out, and this was merely the tip of the ice berg. The employee knew he'd not done several other tasks and was blaringly not bothered as I held a meeting with him the previous week so he knew this would lead to a disciplinary hearing. I think as he knew it was going to happen his outburst was nothing but a rant.

the ongoing issue over the last 2 years is simple the employee simply does not want to work for example what takes anyone an hour will take this individual three hours. He does not reply to customer requests. And is quite happy to let things go undone and unresolved, complete disregard for everything. to resolve I've retrained, reduced work loads etc. The employee is now my most expensive one with the least to do on daily basis. However each week he'll be rude and uncooperative, all the while I keep smiling and keep it professional.

'This' in short is me raising concerns to HR about my manager and his ability to look at this situation with the troublesome employee, my manager took the employee on and has said directly to me, that he can't see an issue etc, all this despite the hard evidence I have gathered in the two years. My manager has not even looked at it. I complained he was biased

In the hearing the employee claimed all sorts spread allot of muck about, in the end a decision was made to simply give him a written warning, which he is also appealing against.

My boss was promoted to another area within the business nearly 3 yrs ago, I was taken on as an external applicant, and my then current boss was moved on so they brought this guy my now current boss in last Nov so just over 12 months ago.

Issue really was I have turned around the contract to become better all around etc, he thinks it was great when he left etc. Client made complaints about him, staff complained about him but my boss is well thought of by his boss etc, so rock and hard a place. I can prove that I've have improved the contract and relations etc but this goes under the carpet. Very much large company politics and they are playing the corporate game.

I am left with nowhere to go to seek advice or solace.

[bedlington83]

Re: Breach of confidentiality and lack of upper management support

He's suspended pending a disciplinary hearing, which is then held and the outcome is a written warning but he's still off work and won't return until Monday. That seems a bit strange. Why isn't he back at work now? When was the disciplinary? (I don't have a specific reason for asking I'm just intrigued). Was the warning in respect of conduct or performance?

Does anyone agree with you about the employee? I know your boss doesn't (and that, I think, is a large part of your problem) but what about the employee's peers? Surely they're not happy doing more than their fair share. What about your peers (if there are any)?

[apw74]

Re: Breach of confidentiality and lack of upper management support

I am not sure why he's not back now. Hearing was last week and from what I understand there is both conduct and performace on his written warning. His peers, I know are already talking of putting in a greivance agasint him on his return, for several reasons mainly as you suggested for his lack of effort. I've not been told by them but I've heard them talking. People do agree with me, the customers for example who complain, won't in writting but on the phone all the time. My peers also agree that is no a bit of 'joke'.

Due to the issues between myself and HR I am now not obtaining any further info.

[alham]

Re: Breach of confidentiality and lack of upper management support

As his direct manager you are responsible for his behaviour/work. Ask for the copy of written warning issued. If the issue of storming out and rudeness to customers/non-delivery of completed work that are part of his duties have not been addressed in the WW, arrange to have a "friendly" chat as a manager/employee during which you bring up all these issues (for example, "if you have issues with me please come and discuss them in my office/privately but do not under any circumstances do it in front of others as it makes you look unprofessional and impacts other staff's morale") and suggest that you monitor performance over, say, one month after which you have a review meeting. Write a summary letter of the subjects discussed, with a copy to him and HR. This way you are covered on all fronts, showing your willingness to resolve issues, good management skills, understanding of processes etc... It may make your life a misery for one or two months but this way you keep your job. BTW, obviously, expect him to bring in stress, illness etc... as an excuse for bad behavior. I suggest that you express sympathy, but stress that "your (i.e. his performance) is important for the company and team, thus if you (he) have any issues you (he) must bring them to you at the earliest".

[alham]

Re: Breach of confidentiality and lack of upper management support

With regards to your line manager, if you follow procedures, keep him posted of your steps to "reintegrate" the recalcitrant employee into the team will only stand you well in the long run. Remember there might be other issues with lack of support - fear of accusation of racial bias, incompetence (for employing him in the first place), maybe even other social connections. So if you bat straight and swallow your anger and stress for a short while you will come out smelling of roses.

[apw74]

Re: Breach of confidentiality and lack of upper management support

Thanks all for comments some good sound advice. I'll certainly swollow pride for now and see what happens. Still waiting to see the WW no one has shown me yet things are still on gong yet I brunt the sharp end and keep smiling. Not a good situation to be in, but lets see !

Appreicate all comments and advice, thanks.

[alham]

Re: Breach of confidentiality and lack of upper management support

Good luck, hope it will work out for you - I know that things like that can very quickly affect not only work morale but health as well.

[apw74]

Re: Breach of confidentiality and lack of upper management support

Hi all, I’d thought I’d add to this post as I need more help.

Since my last post on this subject I can confirm that it has still not been investigated and is now over 3 months old. I have had two further meetings with HR, to check details etc but no investigation. This goes without saying that my manager is fully aware of the grievance in place against him, making things even more difficult. HR have at least acknowledged that the issues reach much further up the tree.
The issue now lies with the fact that the issues created by manager are still outstanding and the fact that his manager is also part of the problem causes me concern as I informed him of my concerns and I was told to work for another dept ! Now this reaches very high up the large organisation. I have commented to HR on the fact that I feel that there allot of people covering their backs on this, as it involves an HR breach of trust as well (all in the posts above). So far the info received is sketchy to the point of none committal the only thing is that HR hope to have a manager to investigate it the next two weeks.
Today my old manager calls me, and tells me that he’s spoken with my current manager about it and my attitude etc. My old manager and I had a good relationship which he tells me he informed my current manager. But he also mentioned that my current manager informed my old manager, that I, let’s say gossip about him. This I do not do. So I am self confident about that but I don’t like the accusation. It turns out my current manager has said this to a few others. So my old manager offers advice to drop the grievance as it won’t do my career any good
I don’t do gossip so I feel clear but, if you throw enough mud some sticks, I feel this is my managers game. I know that if this isn’t resolved and let’s say the worse happens am I correct in thinking as nothing has been made formal and it’s all ‘gossip’ then no court in the land will hear it as any form of evidence if they try discipline or dismiss me?
Also I took advice from here and I document everything, so I need anything from my manager I email, therefore I can prove I have had no response etc.
I feel that this will go all the way as they will sweep as much as they can under the carpet and look to turn it on me somehow, I just have the feeling, after all its three months old with no investigation even started, would this help my case in court the time it’s open?
My main concern is that with the high level people involved that the company will somehow do their best to hide what they can and turn the items around to make it a 50/50 and I gather they want to hold a mediation session on. I am happy to attend but to what ends as it’s gone on so long relationships have died, I can’t see what it will do. I wouldn’t mind but I train in mediation all the time and run several meeting a year for a local charity so I know them well, but there needs to be change for a resolution in my opinion. I can’t see the employer allowing this as it means someone they will try to protect has done some thing wrong.

I am most likely reading far too much into it now, but as I am isolated and have no one to talk to about I am at loss so any advice or opinions I’d appreciate.

[Eloise01]

Re: Breach of confidentiality and lack of upper management support

I am afraid that from where I am sitting you have read this all wrong and have not helped your own situation.

You appear not to understand that HR are there for the employers protection. Their job is to ensure that the employer obeys the law and operates within it, and to protect the employers interests. Anything you say to HR is not covered by any form of confidentiality - they are going to do what they need to do, and telling your manager what you are saying or doing is not a breach of confidentiality. Nobody should ever assume that there is such a right, because there isn't. Nor that HR are on their side, because they aren't.

You also appear to have misunderstood your own position. You may be a manager - but you are also just an employee. Being management doesn't give you special status to expect support from the employer. Regardless of anything else this employee has raised a grievance - a very serious grievance - and is entitled to have that grievance heard fairly and impartially. That means that your managers and the managers above them, HR and the employer must not pre-judge the outcome and must show no favour to either side in the grievance. In short, your manager couldn't have supported you and shouldn't have supported you. Like any other employee, if you need support and advice on your position, the place to get that is your union or a legal advisor who are operating for and on your behalf.

This other employee has as much legal right to be treated fairly as you have - you may have decided that it is an open and shut case of misconduct, but they have exercised their right to submit a grievance and to appeal and the employer must not take your side without fully investigating the circumstances and coming to that decision impartially. To be honest, in respect of this other employee, the employer appears to have acted quite appropriately and has followed exactly the procedure that I would expect an employer to follow. And as a result they have come to a decision, which may not be the decision you would like, but it is the one you have to live with, because it is their decision to make.

Alham has given you some excellent advice here - I sense that if you follow it you would be in a stronger position as a manager. I also think your old manager has given you some excellent advice and you should very seriously consider it. I know you don't want to hear this but your grievance appears, based on what you have said here, to be based on a rather naive and incorrect understanding of how management works and the responsibilities of an employer to conduct legally fair procedures. As a manager, you cannot always have your own way, even if you are right. Alham has given you some excellent advice and appears to have a firm grasp of good management - probably from experience. You should take it as a start - but work on improving your own management skills, because no matter how good someone is, there is always room for improvement. And you should respect that your old manager, who you obviously trust, has given you advice based on his own experience which is invaluable because he knows you and the other players - and the company.

I should also point out, and this is from my own experience of managing staff, that sometimes a different management style or experience may lead to a "troublesome" employee becoming a model employee. The fact your manager is prepared to give a clean slate and make their own judgements is a sign of strength and good management - not one of a weak or incompetant manager.

I would recommend you take your old managers advice - withdraw the grievance, accept that there are lessons that you can learn from this which will make you a better manager (and join a union for the part of you that is still "just" an employee!), and move on. They aren't hiding anything, they haven't done anything wrong or unlawful - you got the wrong end of the stick about where you stand. Sometimes, painful as it may be, it's useful to be reminded where you stand.. You work for them and you don't run the company! A bit of humble pie never hurt anyone, and probably your pride will dented, but it won't cause any lasting damage. Continuing to fight this losing battle probably will.

[wales01man]

Re: Breach of confidentiality and lack of upper management support

Interesting reply Eloise i think we can all get better in our work and different people have different skills and ways of doing things life is a learning curve in work and away from it we learn everday new things and this goes on forever.
Im so glad i was always self employed

[Eloise01]

Re: Breach of confidentiality and lack of upper management support

Interesting reply Eloise i think we can all get better in our work and different people have different skills and ways of doing things life is a learning curve in work and away from it we learn everday new things and this goes on forever.
Im so glad i was always self employed

Yeak, but unless you never work for anyone and never have anyone work for you... sooner or later it catches up with you. And it doesn't suit everyone either. But in any organisation there are lots of cogs, and it is always wise to know how the clock works and which cog you are!

[wales01man]

Re: Breach of confidentiality and lack of upper management support

It worked for me now im retired i know it doesnt suit everone to much of a gamble at times but from what ive heard of and read over the years the biggest problem with working for a company is the others that work there,

[Eloise01]

Re: Breach of confidentiality and lack of upper management support

It worked for me now im retired i know it doesnt suit everone to much of a gamble at times but from what ive heard of and read over the years the biggest problem with working for a company is the others that work there,

You could say that about anything that involves people. You haven't met members of my family!