HELP! Bullying, breach of confidentiality SNEAKY

[Lollyf30]

Good Evening

I tried posting to your forum but was unsuccessful.

I have been having issues with the CEO of our company since December due to a number of things:

Really bad attitude
Belittling me in front of colleagues
Moving the goal posts
Over losing me with work
I've been working 10 hour days to catch up but that's still not enough
Giving me impossible tasks

It's like he is trying to push me out, he's done this with a number members of staff in the past. I've bee with the business 8 years and I am a category manager.

Last week my close friend passed away and I decided to visit my GP and explained what o was going through and broke down. They signed me off for three weeks with stress/bereavement.

Since then I've received a text from our internal HR lady to my personal phone asking how I am.. She is also his PA who I've told on a number of occasions I'm unhappy, stressed and I am sick of the constant down talking and negativity.

I did not open or respond to the text as I'm sure she shouldn't be contacting me.

I've also been told by colleagues that my division is merging to one and this has only been mentioned in the last few days.

Another colleague has contacted me explaining that the sales director has told all do the sales team and other team members i am off with STRESS is this acceptable or breach of confidentiality. This has made me more anxious and upset to return knowing my colleagues and assistants know about my illness. Why did they not say I am off and that was that, sharing my personal information is just wrong.

I also achieved my last 3 months targets to achieve bonus for the final quarter to be paid in septembers pay next week, I have a feeling they will use me being off to not pay me and I worked hard for that. Could they do this? It is quite a large sum.

Any advice would be great.

[PAWS]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Just giving this a bump for you. Hopefully a beagle with the right knowledge will be along soon to advice.
I seem to recall that ‘pushing’ someone into resigning can be seen as constructive dismissal but let’s see what the experts think. Although I am not sure if any laws were broken when they told colleagues the reason for your sick leave, it seems like a very inappropriate thing to do and at the very least morally wrong.

[Kati]

Re: HELP! Bullying, breach of confidentiality SNEAKY

[MENTION=19071]teaboy2[/MENTION] might be able to advise here xx

[stevemLS]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Good Evening

I tried posting to your forum but was unsuccessful.

I have been having issues with the CEO of our company since December due to a number of things:

Really bad attitude
Belittling me in front of colleagues
Moving the goal posts
Over losing me with work
I've been working 10 hour days to catch up but that's still not enough
Giving me impossible tasks

The trouble with this type of behaviour is evidencing it. Have you kept a diary?

It's like he is trying to push me out, he's done this with a number members of staff in the past. I've bee with the business 8 years and I am a category manager.

Last week my close friend passed away and I decided to visit my GP and explained what o was going through and broke down. They signed me off for three weeks with stress/bereavement.

Since then I've received a text from our internal HR lady to my personal phone asking how I am.. She is also his PA who I've told on a number of occasions I'm unhappy, stressed and I am sick of the constant down talking and negativity.

I did not open or respond to the text as I'm sure she shouldn't be contacting me.

I can't see anything wrong with this and it could be seen as evidence of your employer proactively trying to discharge their duty of care, particularly where you had already mentioned your unhappiness to this colleague (so carrying with it the implication that you trust her).

I've also been told by colleagues that my division is merging to one and this has only been mentioned in the last few days.

I think that if they had formally contacted you to tell you of this, you may have been complaining about it - it is one thing to make contact to enquire after your welfare and quite another to contact you with work releated stufff, unless you had, for example, a broken leg and had agreed that whilst not being able to get in the office, you were happy to do some work.

Another colleague has contacted me explaining that the sales director has told all do the sales team and other team members i am off with STRESS is this acceptable or breach of confidentiality. This has made me more anxious and upset to return knowing my colleagues and assistants know about my illness. Why did they not say I am off and that was that, sharing my personal information is just wrong.

This is wholly wrong and is legitimate cause for complaint even though nothing can be done about it, it can't be "unsaid".

I also achieved my last 3 months targets to achieve bonus for the final quarter to be paid in septembers pay next week, I have a feeling they will use me being off to not pay me and I worked hard for that. Could they do this? It is quite a large sum.

If your bonus scheme is discretionary there may be difficulty. If, on the other hand, you had met the relevant criteria at the cut off date then it should be paid. In your position I would try not to worry about this element until you find out if it has been paid.

Any advice would be great.

Others may have further points to think about now.

[Lollyf30]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Thank you for your advice! I appreciate it.

Since posting i returned back to work on 21st October - the same week the CEO was traveling on Business.

I spoke with the internal HR person/The CEO's PA who completed my return to work interview and said i did need to sit down with the CEO when he returned. I did tell her i had no issue with this if it could be an adult conversation with no shouting and pointing the finger at me. She was not helpful at all.

I also said i wanted her to tell me WHY the Sales Director saw fit to tell the Sales Team i was off with stress, she said she was unaware of this and would investigate. This has not yet been done!

Ive tried to get back into the swing of things and catch up on what has been going on while i have been away and a lot has happened! I feel like they have had discussions and meetings about my category and job! It all seems to make sense now.

Monday this week the CEO returned from his trip and did not approach me at all to say welcome back or ask how i was! Which i was not shocked about.

I needed to speak with him about a job today and visited his office which i put off for hours, it really is not a pleasant place to be.

I entered the office and he just bashed me for 30 minutes - saying things like;

I cant afford for you to be stressed
This division needs to be rethought
Your job needs to change
The pressure and stress will only get worse from me
You've said your stressed a number of times now (me to the HR lady who is his PA)

When i commented and said "Well what is the plan then" he said, "that is for me to discuss with the board members - not you" This really got me and i got upset he then said, look your crying now... Jeez.
He has also changed my targets making them unachievable, i am assuming he is doing this so when i do not hit targets he an get rid of me for under performing.

I am really stressed and upset at some of the comments he made - he just doesn't care! I think they want to merge the divisions totally and get rid of me but i can not prove this.

I really am considering going off again as i really cant cope with the constant negativity and put downs but the only thing stopping me is my bradford factor, this was brought in last year and since being off i am now at 360 and i am scared i will not be paid while i am off. We do get paid for being off sick but not sure what happens with the bradford factor in place.

I cant speak with HR as mentioned she is sneaky and i feel i have no one else to ask as i do not trust anyone.

Can anyone else help with these new comments.

I appreciate it in advance.

[Noah]

Re: HELP! Bullying, breach of confidentiality SNEAKY

I think this maybe a typo

He has also changed my targets making them achievable,

Are you complaining that the targets are now achievable, I suspect that you mean unachievable .
Have the targets for all other sales people been changed?

[Lollyf30]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Sorry, yes it was a Typo - i am sitting here crying so that maybe why!

Every division has different targets - my overall division is up 50% year on year but that is not good enough. He has also taken out a product which is the divisions big seller saying that my targets wont include this and if we don't grow the division from 1million to 4million then what is the point!

This man is crazy, rude an a bully! There is no other word but bully...

[judgemental24]

Re: HELP! Bullying, breach of confidentiality SNEAKY

This needs now to be nipped in the bud.

The back to work interview is a statutory requirement. (Except coughs and colds) to see how you can be eased back into your designated duties. You should have been put on a phased return, say 4 hours a day for a week, six the next,back up to 8 hours.

How big is your company, do you have an Occupatinal Health Department??

i WILL NOT GO INTO DETAILS YET BUT YOUR EMPLOYER HAS A STATUTORY DUTY ON YOUR WELL BEING.

http://www.legislation.gov.uk/uksi/1...ulation/3/made

You need to submit a grievance to your HR department, Do not be alarmed as that is normal procedure. You need to explain the impossible work targets etc and atmosphere in the office and that it is starting to have a detrimental impact on your health.

[stevemLS]

Re: HELP! Bullying, breach of confidentiality SNEAKY

I don't believe, happy to be corrected, that a return to work interview is mandatory, rather it is considered best practice.

Whether a phased return could or should have been offered is entirely dependent on the circumstances and, certainly at our place, is offered only after prolonged absence.

[judgemental24]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Yes it is mandatory as to the above regulation 3

I am not talking coughs or colds but a protracted absence. Surgery, cancer, acute/chronic psycological disorders etc

You might be on medication for pain relief and your job designation is a driver or machine operator

These decisions are normally decided by Occupational Health

Even though the employee has an obligation to inform the employer any aspects that might impact his work capability, the employer also has a statutory obligation being aware what the absence cause is, to put in control measures to limit any negative consequence.

That can be reasonable adjustmants as to duty roll

[Lollyf30]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Thank you for your reply!

I I feel I am stuck as the HR lady who is also the CEOs PA is not professional and tells him everything, it's not nice.

we have 90 employees who work here and over 8 years I've never been late or off on long term sick, I work hard and I'm always 1 hour early every day.

I am not sure what to add in a letter for a grievance and I am scared as I know from what he's said he dos not want me here (without him saying those words) he's made it clear things will change.

I am just feeling trapped and damned if I do or don't!

[judgemental24]

Re: HELP! Bullying, breach of confidentiality SNEAKY

You cannot stay in limbo with this, you need a resolution or your health will continue to suffer

For a start bereavement is covered under the Equality Act as the stress effects people in different ways.

You will need to submit that letter as it will be evidence if things turn for the worse your relationship with your employer.

My advice will be to sit down and put pen to paper your concerns. Cut and paste it then onto the forum and we can then tidy it up if necessary so it will be a soft landing with your employer.

If he dismisses it we then go in all guns blazing with the relevant health and safety legislation

Do not give in to this bully and quit, fight

[Lollyf30]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Thank you, I really appreciate your advice.

i will put something together later and post it in here.. Thanks again I just feel I am stuck and need it to change.

should I then pass it to the so called HR lady? Jeez I me not looking forward to this at all, if I get upset I hate myself more as he loves that.

[judgemental24]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Let him get upset

By submitting the grievance you are now starting to take control of the situation.

He will have to address this.

If yours is a large company with different offices they wil have to get someone who is independent to hear the grievance from another office. That way impartiality is maintained. That will be an appeals manager. These people are professional and do not take sides and are a sort of concilliator. I myself have worked with them and the majority are trained in mediation and conflict resolution

[stevemLS]

Re: HELP! Bullying, breach of confidentiality SNEAKY

I disagree with some of the advice here.

Regulation 3 does not require a return to work interview, Acas seem to agree that it is best practice but not a statutory obligation http://www.acas.org.uk/index.aspx?articleid=4297

The CEO could deal with any grievance in a small organisation such as OP's, again, only "where practicable" should it be an impartial person who has had nothing to do with it. Again, good practice.

Bereavement in and of itself is not a protected characteristic in accordance with the Equality Act 2010 and would only come into its ambit if it were a causal factor in some long term mental health issue.