Can i be sacked for putting in a grievance complaint regarding bullying?

[Dragnite]

To explain my question, first of all i work in a retail hardware store we recieve our deliveries in cages and plastic tote boxes. On thursday i worked on our seasonal section, as we were preparing to leave to go home my supervisor comes up to me in front of all the other members of staff present that day and says to me

 

"did you not see the seeds in that tote thats on that cage" my response was "yeah they are overstock" she then comes back with "but ive just checked and they are going out", so i repeated "they cant be i worked all of them" i didnt say anything just pulled a face really.... then she says in a sarcastic tone "well pardon me for looking" my natural instinct was im not being spoken to ike that so i just said "whatever". Then a couple of minutes later i left the building and as i did so she smugly says "thankyou"

 

After this i felt a bit well singled out because of the way this was conducted i felt that she should have callled me away from the others and then asked me about this.

 

As well as the above for the last several weeks i have been given the sections with the most stock on everyday and im lucky if i get any help with it. She expects me to get everything finished and some nights it is humanly impossible to do. I feel physically and mentally wonr out from doing this for so long.

 

 

Anyway today i was called into the office by my manager and assistant manager because the supervisor complained about the way i spoke to her. I explained all the above including how i felt. I then told them that i would like to put in a complaint about bullying. My manager then says that if i put in a bullying grievance complaint if i am succesful then my supervisor would be sacked, but if i was unsuccesful i would be sacked.

 

Is that true? if it is i think its complete crap how can a victim lose their job for daring to stand up for themselves?

[Sidewinder]

Difficult one to answer because on the face of it, your attitude towards your manager seems to be lacking a little respect! Sorry to say that if I questioned whether an employee was doing the job that I was there to supervise, and the employee answered 'whatever' and pulled faces, then I would be taking disciplinary action pronto. On that basis, I would say that the employer is probably saying that you would be sacked for insubordination rather than raising the grievance.

 

What matters here is procedural fairness, so to begin - how long have you worked there? What is your record like to date, and have you raised any previous grievances? If you felt so strongly about the way you were treated, could you not have raised the grievance first, rather than wait until you were questioned over the way that you backchatted the boss?

 

I stress that it may well just be the way that you have written this up, and I may be repeating myself, but it does appear to me that there is a difference between standing up for yourself, and lacking respect for the manager.

[Dragnite]

Your reading what i have written in totally the wrong context for starters there is no lack of respect on my part towards my manager i happen to get on with him rather well and find him to be very approachable and understanding.

 

Also please note i only reacted with whatever after i was spoken to sarcastically, not before as you seem to be pointing out.

 

I have worked for the company for 8 years and have a pretty good record with them i am constantly praised for doing a good job. I have only had one grievance before which i won and that was over claiming holiday pay whilst being off sick.

[jonnycooper]

Is your manager a he and your supervisor a she

 

Sorry just making sense of he said she said

 

If I am reading it right, the lack of respect would appear to be towards your supervisor rather than your manager, is that right ? If so take what sidewider said and just replace the word manager with supervisor

[Dragnite]

thats correct

[Sidewinder]

...Apologies - it might have been clearer if I had said 'Line Manager'.

 

Sorry if I had taken anything out of context, but I find the 'whatever' response to anything rather rude in any environment - must be age catching up with me!

 

FWIW, I think that you need some sort of opportunity to explain in detail to the employer that you feel that you are being overstretched, and believe that you are subjected to an unreasonable workload. Making a grievance in response to the prospect of a disciplinary may well be seen as retaliatory rather than genuine - that is your main problem. For better or worse, the supervisor is employed to maximise output and to get the work done, and particularly in today's economic environment, this is often in the face of staff shortages, budget cuts, overtime restrictions etc, so unless there is clear evidence that you are the only one affected (or complaining about it!) then your grievance is unlikely to succeed. What you need is proof that the work you are being asked to do is unachievable, and evidence that the work given to others is straightforward by comparison.

[papasmurf1cx]

"My manager then says that if i put in a bullying grievance complaint if i am succesful then my supervisor would be sacked, but if i was unsuccesful i would be sacked. "

 

I think what they are telling you is there complete opposite of stories here. You accuse the supervisor of bullying which is within your company sackable. The Supervisor is accusing you of insubordination, again which is within your company sackable. The manager is saying when they investigate and find out the facts they will no doubt have to come down on one side or the other.

 

If they reasonably factually find for one side then the other will 'lose out' and find their employment terminated. If the fact find is done in a fair way and procedurally they adhere to what they have to in law then even if their fact find was wrong an ET would probably back them up. We have seen this time and again on here where management back up the insane decisions of junior managers and call it close supervision and not bullying and the ET's don't interfere.

 

So to answer your question, yes they probably can. They normally back the manager so beware.

 

I agree with Sidewinder "whatever" to my mind gives an overtone of disrespect and insubordination. An ET judge may agree despite your protestations.

[Giggins]

I would tread very carefully here if I were you.

 

Your employer cannot sack you for invoking the grievance procedure, as long as you are acting in "good faith". However, I would say the conduct you complain of does not warrant lodging a written formal grievance.

 

Further, the conduct which you complain of does not tie in with having a "protected characteristic" and would not meet the definition of "harassment".

 

I would make all efforts to put this into prospective, and realise that it is no more than a spat. In this economic climate, you do not want to find yourself unemployed.