Bullying allegation - complainer's identity secret

[dixiejo]

I would really appreciate any advice that an employment lawyer or HR professional can give me. Long story short, someone at my workplace has told me she feels bullied by her manager. I have said she needs to inform the bully's line manager and have them investigate (we're a smallish company and this manager also supervises the only HR-type (really just payroll) employee). She has refused, fearing retaliation if her name is used in a complaint against her manager and the manager gets to know about this (if the employer conducts an investigation and decides to discipilne the manager - they'd have to give details of the complaint, wouldn't they?). She thinks that, if the manager is punished (but not dismissed), her work life will be even more miserable than it is currently. I have said that the company would have to protect her against retaliation. But, if I'm totally honest, I don't think there's a lot the company could do to protect her agianst the insidious bullying and I understand her fear.

I feel very sorry for her and understand why she doesn't want to go on the record. She is just biding her time until she can find another job (apparently others in her team are also looking to get out because of this manager).

But I'm not sure that I can just pretend I don't know about the situation. I'm a manager too (different department) and I think I probably owe some duty to blow the whistle on her behalf (even if this is contrary to her wishes)
. I feel really conflicted because on the one hand I totally understand that this person doesn't want to raise a formal complaint but, on the other hand, surely I have some duty to tip off senior management regardless?

can the company investigate the complaint without revealing her identiy? To be honest, from the examples she gives, her identity would be pretty obvious anyway! If she can't be anonymous, what are the options here?

Please can anyone give me some guidance? Thanks

[OhNoMyFanjo]

I have experience of dealing with similar situation but and not a qualified hr bod (just to let you know)

A few things tgat spring to mind;

• a complaint cannot be made without her name ever coming into it as far as I know, you say that it would be obvious from her complaint anyway. How can an employee respond to a complaint without having the complaint details?
  

• breaking her confidence, well only you can say if you feel able to approach senior management with either a heads up and vague details or right through to practically making a complaint on behalf of tge staff. At the end of the day to investigate fully they would have to speak to them all anyway and again this info would be avaiable to the person being complained about.
  

• the person being complained about could be suspended whilst the investigation is carry out.
  

• in reality could things get any worse for her?
  

• I would take care regarding how you comment on this other managers behaviour, you should avoid confirming they are a bully etc afterall you have one side of tge story and there has been no investigation. If directly asked responses such as my opinion is not important here it's how it has made you feel should be good enough.
  

• how comfortable would you feel having a discussion with your manager, along tge lines of a member of staff has approached me, they are unhappy, they are scared, there are a number of this team actively looking for other jobs and ask what if anything they would recommend knowing the company? Is there any evidence? Is it something tgat could be picked up if observations were made?
  

You are in a tough spot, I've been there.

[dixiejo]

Thanks OhNo, that's all great advice (particularly about keeping my own opinion out of things). Much appreciated.

I think I will speak to my manager and perhaps suggest getting the 'bullys' team together and (without naming names) say there has been an allegation and we'll be speaking to them individually about their own experiences. That way, they each know that they are 'in it together' and we're not hanging the complaint on one indiivdual. That won't stop individual names being attached to examples of bullying behaviour but perhaps it'll give them some reassurance.

Do you think that sounds ok?

[OhNoMyFanjo]

Might work better by doing 360 degree feedback.

[OhNoMyFanjo]

Just don't set on one thing your manager/tge management might have other ideas.

[Piffpaffpoff]

360 feedback is a good idea.

I have been the 'bullied' member of staff and would caution against getting the team together in the way you suggest as it may backfire. Everyone in my team felt as I did but when it came to the crunch, no-one else would go on record when I made my complaint. Everyone is different and has their own 'coping strategies' and many will just prefer to keep their head down and get on with things rather than get involved. And there's nothing you can do about it.

[kiwimumof2boys]

I have been through that too, unfortunately. She needs to gather firm evidence (make notes of specific incidents, bullying emails etc).
I think getting an independent mediator in to interview all the team indiviually and confidentially (no names mentioned) would help too.