Grievance still not completetd

[TheUmp]

Hi all,

 

I had cause in January of this year to raise a grievance about a colleague.

To explain, I work alone on a long shift and take over from a person who has worked an identical shift during the previous night (ie we cover a 24 hour period)

When I arrived, and he eft, I noticed that he hadnt performed the work that he was supposed to do. This had happened before, but on this occassion, I decided to complain about him, and took photographic evidence to suppport this.

 

When my manager interviewed me, which was about 4 weeks later, he viewed the pictures, and also cctv footage, which I also had a view of, showed the person who I was complaining about, performing an act which would be described as theft. I wont go in to what the incident was, as it is not pertinent, but I upgraded my complaint of harrasment and bulying, due to him leaving me to do his work, to an allegation of theft.

 

The manager did not interview the other employee until July, with no explanation to me as to why the timescales for grievance procedures had not been adhered to.

Following the interview, the manager came and 're-interviewed' me in Septemeber. At the start of the interview, I asked if the other person had admitted to my allegation and the manager confirmed that he had indeed admitted it. When I claimed that this should surely be all that he required to make a decision on the incident, the manager said that it wasnt because the other employee, during the interview had made counter allegations about me. These included me allegedly holding him against the throat and threatening physical injury. He also gave the manager a number of random covert voice recordings of competely unrelated conversations between the other employee and myself. the manager said that even if they were damning towards me, that they could not be used as evidence.

Since that date., I have sent three emails to the manager requesting a copy of the notes of this interview, and he has complately ignored all of them.

Whwether it is pertinent or not, the other employee brings in a lot of revenue to the company by way of issuing ticket enfocement notices on cars.

 

My question is, what can I do as an employee who works alone, and is not in a union to get a resolution to this issue?

 

I have worked there for just over two years now.

 

thanks for reading this

[SabreSheep]

WHat do you want to achieve?

[TheUmp]

Im not sure why you would ask me what I want to achieve.

 

I am asking what I can do to make the manager finish doing his job, and if he doesnt, then what can I do about it. Its nothing to do with achievement.

[SabreSheep]

What outcome do you want from your grievance?

 

What does "Manager finish doing his job" look like?

[TheUmp]

Sorry, misunerstood your comment.

 

I would expect that the manager would complete all of the paperwork,and then make a decision on whether there was a case to answer for the other employee, and if so, take relevant action.

[SabreSheep]

I think first of all you have to realise that if the manager takes action you are not entitled to know what if any action is undertaken.

 

If however bullying and harassment continues then you need to follow the next stage.

[TheUmp]

Sabresheep, your comments are not pertinent or helpful at this stage. I havent mentioned wanting to know about any action, although I would ultimately be entitled to know that the matter has been 'dealt with'

How could any action have been taken before the initial paperwork has been completed?

 

My question on here, is how can I get my manager to stop ignoring my request for notes, and the get the matter progressed to some sort of completion. I also mentioned an allegation made against me regarding an assault, which hasnt been investigated either.

 

Can a manager just decide to stop investigating and ignore correspondence, with no comebacks on him?

 

I may be wrong, but this just seems as though he doesnt want to finish the case and hopes if just goes away.

[Emmzzi]

what's it to you if the manager chooses to act that way? What impact on your life? You seem very over interested.

[TheUmp]

Is this comment for real?

 

I have approached my manager in the correct prescribed way with a perfectly legitimate complaint.

 

It has taken ten months for him to do nothing and then ignore me (which is a form of bullying itself)

[Emmzzi]

It's none of your business how he handles his staff if it has no impact on you, and I cannot see where it does other than you are a bit peeved.

 

So unless there is a specific thing that impacts your life that you need changed, my quite quite serious advice is to wind your neck in, or get promoted so you can deal with it as you see fit.

[obiter dictum]

Being an ex- Trade Union rep i have to agree with Emnzzi (It has been known)

 

You have absolutely no right to know what investigations, conclusions or sanctions are being carried out against this other individual.

 

That is a management position and you are simply a front line employee

 

Even if you raise a complaint of bullying you are only entitled to know what steps have been taken by management if proven to address that bullying issue against yourself. You have no right to know what the investigation or conclusions have reaached with your (Allegations) or this other individual

Edited November 5, 2015 by obiter dictum

[SabreSheep]

If your version of "Being Helpful" = telling you something you want ot hear even if its not really practical, correct or pragmatic, than thats your problem. Not mine.

 

The answer is yes

 

The manager can chose to halt an investigation if he believes there is no further case to answer.

 

Alternatively the manager may be trying to do you a favour due to the counter allegations. They may feel that if they push your complaint then they will have to deal with you formally as well.

 

They are also under no obligation to give you notes of the meeting with the other colleague and your right to information regarding what was said is small unless they decide to formally investigate your conduct.

 

Alternatively a full subject access may give you what you seek but that will cost you £10 and take upto 42 days and even then may have a lot of information redacted due to DPA concerns of the other colleague and will only add to further frustrate your working relationships.

 

What does your T+Cs say regarding grievances? Who would you appeal to as that would be your next step.

 

BUT

 

May not be the wiser course of action.

[TheUmp]

two more missed points.One of you comes across as a Troll by the way

 

Surely I am entitled to have my grievance heard within ten motnhs, which is my original question

[Emmzzi]

I've no idea what your grievance is and what you want done

 

They were not doing work - are they doing it now? if so, job done.

Bullying and harassment - no one has bullied you from what I can see? They have said you may be a bully but haven't taken it further - keep your gob shut is my counsel there

Theft - none of your business

[Emmzzi]

Being an ex- Trade Union rep i have to agree with Emnzzi (It has been known)

 

 

Blimey mate!

[Atlas01]

Well this thread wins the monthly "How to get help on a forum" award for me

 

"My question is, what can I do as an employee who works alone, and is not in a union to get a resolution to this issue?"

 

Step 1. Raise another grievance with a higher level manager.

 

"Surely I am entitled to have my grievance heard within ten motnhs, which is my original question"

 

Yes you are correct, you should have, they didn't (in your opinion), go back to step one above or put up and shut up, there's you two choices.

 

"It has taken ten months for him to do nothing and then ignore me (which is a form of bullying itself)"

 

Not on any planet i've visited lately, it may be failure to follow their own procedures but bullying, nah, take that approach and you'll quickly become captain Ahab in their eyes.

[obiter dictum]

To be honest and just my own opinion on the facts presented:

 

I think the reason why the grievance has been put on the back burner is the immediate line manager is trying to protect him for some reason from a yet undisclosed disciplinary possibility (Do not make waves)

 

My advice would be to keep quiet

 

But that is just my own opinion

[TheUmp]

Thanks to everybody for the advice.

 

To be clear, I have only requested the notes of MY meeting, nobody elses!

 

I was brought up with relatively good manners, and asked this question on this site, in good faith, as it was always supposed to be a source of advice, some that you would want to hear, and of course, some that you wouldn't, which is fine.

 

It is quite obvious that some of the comments made from individuals who have not read the original post properly.

 

I would welcome an investigation about myself regarding assault, as there was another employee present at the time that the incident was supposed tom take place. iI didnt feel it neccesary to put this into the OP becuase if i had assaulted the other employee i would have stated that, and would not be asking for advice, as I would expect to have been sacked ten months ago!

 

As previously mentioned, I agree with some answers and disagree with others, which, as stated, is fine, its sometimes about opinions taken from the details that i originally provided, but what irks me more than anything, is somebody who thinks that because they are hiding behind a keyboard, can tell me to 'keep my gob shut' or 'wind my neck in'

 

would this person speak to me face to face like this ?

 

Once again, thanks to all (but one) for your comments and opinions

Edited November 6, 2015 by citizenB
removed unneccessary rant

[SabreSheep]

two more missed points.One of you comes across as a Troll by the way

 

Surely I am entitled to have my grievance heard within ten motnhs, which is my original question

 

You say you had a meeting, thus it was heard.

 

What you are entitled to know is if there was an outcome or no further action (Even if they cannot state the outcome)

 

Also I have given you an answer on how to get your notes. EG the full subject access request.

 

Your OP reads as if you wanted the notes from the meeting where the other employee made counter allegations.

 

Whilst you would welcome any investigation into your own alleged conduct, that is down to the employer to make that decision. And remember, the allegations do not need to be proved, only that a reasonable person could say it probably happened. The burden of proof in employment legislation is set very low. Again, may be a reason why your employer is trying to protect you.

 

Regarding the Trolling comment

 

Likewise, I spent a long time as a Union Rep and Union Officer that used to fight every battle. One thing you learn over time is that sometimes you have to measure up what you want to achieve vs the prospects of how relationships may go south. I would be doing a disservice if I gave advice without the warning of possible consequences.

 

Emmzzi is just being pragmatic albeit in more direct way than I am

 

We also lack the information regarding the grievance procedures adopted by your company. This also hinders advice. If the appropriate time scale elapsed, you should of tried informally chasing it, and then formally lodging an appeal.

[ericsbrother]

OP, all your comments come across as very confrontational and perhaps you manager thinks the same so has decided to just say nothing and hope it all dies down. You can do a SAR rergarding the voice recordings and CCTV but where do you hope to go with it? As another ex-TU rep and sometime employer/owner of a small business I would have considered what you have said about bullying and harassment and tried to avoid making an issue from it as to be honest it has no legs as described. you can force your employer to follow its procedures but if there is no resolution that can be quantified for the grievance it is difficult to say what would be achieved.

If you were suffering as a direct result of your colleague's failings I could see that it would be worth pursuing but fromwaht you say there has been no personal detriment. Continue to push and you might see an old fashioned example of "management's right to manage" which was never popular, even in it heyday.