Employment Grievance

[Siverlady]

I have taken a grievance out against someone I work with, this has been ongoing now for 7 weeks. HR have finally got back to me and told me that although I could go ahead with the grievance, this would not be advised as they say the grievance is against what they call corporate process, and evidently corporate process is not something I can challenge. In our handbook, it states, We must never engage in behaviour that might be considered to create an intimidating environment, I feel this is where the policy was breached by this individual, as I was made to feel isolated, hurt and intimidated. Therefore they seem to be contradicting themselves with what is process and what is in the handbook. My question is can I challenge corporate process as being totally unfair in this area, HR tells me I cannot, do you think this is another way of them trying to prevent me taking this matter further as I really don't understand this jargon, also where can I get a copy and understand corporate process.

[Eloise01]

Re: Employment Grievance

I have no idea, I'm afraid, since I have no idea what "corporate process" means because this is your employers policy, not law. So the only person who can answer this question is the employer.

[scoobydoo]

Re: Employment Grievance

Have you actually made a complaint in writing or is this just verbal at the moment? Perhaps you could explain a bit more about why you felt the way you did. Was it what was said to you ? Or was it the fact that what you were told was acceptable but the way it was done was not? A few more details might help.I agree with the poster above - your company policy may not necessarily be in line with employment law - so it really depends on how strongly you feel about this and what you want to achieve by your grievance.

[Eloise01]

Re: Employment Grievance

Just to clarify, I did not say that the company policy may not be in line with employment law, not did I mean to imply such. The law is very simple in relation to grievance procedures - there must be one! And that is pretty much it. What it says and how it may relate to other policies is a matter for the employer to determine, and those matters are not laid down in law. So the explanation of what they are and what they mean is in the hands of the employer - anybody not familiar with the specific employers policies can't answer the question.

In effect, what I am saying is that you need to tell me what this means, because otherwise there is no legal context in which I can put it. So you would have to ask the employer!

But I would agree with Scoobydoo that whether you wish to take this further must be decided on how important this matter is to you because I think you have had a clear indication as to the fact that you will not win if you decide to proceed, and there is no right to appeal an outcome of a grievance to a tribunal.

[Siverlady]

Re: Employment Grievance

Yes I have put my grievance in writing. I have worked for the company for 35 years and to me its a matter of fairness and principle. I have no doubt in my mind that what this individual did was wrong, unfair, and unacceptable. However the company obviously are viewing it differently and are actually saying this behaviour is acceptable to them. I want to challenge this process but don't really know where to begin.

[Eloise01]

Re: Employment Grievance

In that case, bearing in mind what I said (we cross posted) you must proceed with the grievance. But if what they did is acceptable to the company, and not knowing what they did, I can see no way forward for you - you will lose and that will be an end to the matter, unless you can show me otherwise. Is the principle worth that? If it is, tell HR that you want the grievance heard.

[scoobydoo]

Re: Employment Grievance

you are right Eloise I am not an expert on employment law.I was just trying to establish whether the "intimidation" was implied or real - because I could imagine at times that could be a matter of opinion.And I agree that the employer should be able to explain quite clearly why the behavior was acceptable within their Corporate policy.

[Siverlady]

Re: Employment Grievance

Thank you for your advice, that has given me something to think about. You have stated what I suppose I am in denial about which is, stand by my principles and all I believe to be just and fair, and lose anyway or walk away from this grievance and still lose!!

[Eloise01]

Re: Employment Grievance

you are right Eloise I am not an expert on employment law.I was just trying to establish whether the "intimidation" was implied or real - because I could imagine at times that could be a matter of opinion.And I agree that the employer should be able to explain quite clearly why the behavior was acceptable within their Corporate policy.

No problem. I just wanted it to be clear to the OP as I know some people have the idea that there is some sort of external appeal to grievances, and unless company policy says there is, there isn't. And it seldom says there is.

Without knowing the details of the grievance it's really hard to comment, but I have one observation and one suggestion: the observation is that principles are fine - I have a lot of them personally and I like all of them - but they do not put food on the table, and what might continuing cost you?; my suggestion is to consdier whether there is a half way house, such as mediation, although I am not sanguine that would be of much use if the behaviour (whatever it is) is accepted by the company and is not unlawful in itself.

[scoobydoo]

Re: Employment Grievance

Thank you for your advice, that has given me something to think about. You have stated what I suppose I am in denial about which is, stand by my principles and all I believe to be just and fair, and lose anyway or walk away from this grievance and still lose!!

I do not think you should feel that you have lost because you have already been brave enough to stand up for what you believe in and made a complaint in writing and I am sure a lot of people would not even go that far. Presumably that information would have been passed on to the person you had the grievance against and perhaps they will change the way they treat you . So in that respect you may have won. Out of interest do any of your other work colleagues have a similar problem with the person in question?

[scoobydoo]

Re: Employment Grievance

[QUOTE=Eloise01;344829]No problem. I just wanted it to be clear to the OP as I know some people have the idea that there is some sort of external appeal to grievances, and unless company policy says there is, there isn't. And it seldom says there is.

And Eloise I genuinely find this interesting. As an employer just about to write our company policy handbook I had assumed that employment law would supercede our policy if it was not written within current legislation. It is a very complicated area .

[Eloise01]

Re: Employment Grievance

[QUOTE=scoobydoo;344839]

No problem. I just wanted it to be clear to the OP as I know some people have the idea that there is some sort of external appeal to grievances, and unless company policy says there is, there isn't. And it seldom says there is.

And Eloise I genuinely find this interesting. As an employer just about to write our company policy handbook I had assumed that employment law would supercede our policy if it was not written within current legislation. It is a very complicated area .

Employment law always supercedes employers policy. Unfortunately, employment law seldom says as much as people think it does. Even before the statutory disciplinary and grievance procedure was repealed, it really didn't say much. You must hear grievances. There must be a right of appeal (but internal only). And there was no real penalty if an employer didn't as no sanction existed for an employer who didn't.