Workplace Bullying, Grievance Procedure, Possible impact on internal job move?

[Shantirocks]

Hi everyone, firstly, the advice on these pages has been so helpful to me, so thank you to all who have posted re these subject headings.

I really need some advice from an HR perspective please: Been signed off work for almost two months now re manager bullying - confirmed by my Doctor's note. I have always had excellent reviews for the 10+ years I have worked for this company and only ever had 3-7 days sick each year. However a new manager started last year and immediately has constantly criticised me/my work processes. I had made HR aware of this a few months back and their view was to be more patient. I also made our senior manager aware two months back and the offered solution of my moving desks to help alleviate the daily negative comments coming from the immediate manager never materialised.
Unfortunately some breathing problems that had been gradually getting worse got so bad, coupled with heart palpitations after a series of patronising emails from the manager, resulted in my being urged to take time off by the company councillor I was seeing, and thus my speaking to my doctor and his confirmation that the behaviour metered out to me was bullying.

Work's Occupational Health assessed me two weeks back and agreed that the current work environment with this manager was detrimental to my health and the recommendation to HR would be for me to be moved laterally to another role (I work for a large company). However HR are only offering the Grievance Procedure and a Mediated single meeting as options. When I queried why the OH's recommendation was not being discussed/acted on, I was advised that this would take too long and that one of the other options needed to be decided on in the short term in conjunction with nothing stopping me to apply for other roles at the same time.

The OH consultant advised that if I did choose the Grievance procedure this would stay on my work record and would be detrimental when applying for other internal roles, and would been seen as a 'black mark' against me internally.

I have also sought initial legal advice, and they said that this is unusual for HR to ignore OH's recommendation, and that to cover myself I should do the Grievance Procedure. I have no idea what to do, as I really do want to stay in the company as I want to change the area/specialism I work in, back to what I was doing before the current role, and this is infinitely easier to do in the existing company, rather than trying to get a role in a new industry/specialism in a new company, if that makes sense. I also am not confident that the G procedure will benefit me, as I would assume that as most of the behaviours towards me occurred when no one else was around, it will be my word verses the manager's, and I have been told that the outcome would be more training for the manager, so no benefit re my health.

I also feel that either of the options offered by HR would not benefit my health at the moment as I still have sever breathing/heart issues when discussing this subject. Any help and advise would be so gratefully received. Thanks so much.

[M1SSUNDERSTOOD]

Basically it sounds like the OH doctor recommended redeployment on basis of ill health? Usually there would be a meeting with HR, OH, you and a union rep to decide this so HR can't just ignore the outcomes. However if the procedures haven't been followed re above then you may have a grievance re that rather than the bullying issue as it might have a different outcome. Depends on whether you want to stay in the organisation and if your health will continue to suffer if you have to go back to your substantive post. I am
not an HR expert just unfortunately in the same position and that is what happened to me.

[Shantirocks]

Thanks, redeployment recommended due to the treatment of the manager to me affecting my health adversely - if that makes sense.

I don't believe that there are any procedures like this, as OH had advised that HR do not necessarily act on the recommendations of OH. Thanks for sharing.

[MrsTrelis]

Hi Shanti, in sorry you're having such a tough time at the moment. Are there any roles available at the moment that would suit the move OH suggested?

HR don't have to act on OH recommendations but they do have to make 'reasonable adjustments' to support you back to work. I suspect if there are no current roles for you to move into then that suggestion isn't seen as reasonable. If you anticipate this going further I would certainly advise you to take up the offer of mediation, then grievance if you feel you can, as this wood show you want to and are willing to take reasonable steps to sort this out, and follow the process. This would definitely be looked at favourably should you take it further.

[Shantirocks]

Thanks for this advice, there are a number of roles available, and always new ones occurring as the company is large. Ideally I do want to continue working for the company, but not with this manager as I cannot see this behaviour improving as it is that person's personality.