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colleague lodged a formal complaint against me months ago

(20 Posts)
mayfridaycomequickly Thu 21-May-15 00:14:36

Colleague lodged a formal complaint about me with HR about 4 months ago. (totally unfounded, advised not to by union rep, has history of unfounded complaints etc)

He was told 4 weeks ago that his complaint wasn't being upheld but he appealed.

Company policy states that senior manager has ten days to investigate the appeal.

It's been 4 weeks. I'm absolutely devastated by it - I'm not sleeping, my home life is suffering because it's on my mind constantly.

Would I be within my rights to contact the investigating manager tomorrow and say that I want it to come to a conclusion? I'm off next week but can't look forward to it with this still hanging over me.

MargoReadbetter Thu 21-May-15 00:17:44

You poor thing. These things stink and you should be enjoying your time off, not having ore time to ruminate. I Don't know what's best. Maybe speak to your Union again.

DoJo Thu 21-May-15 00:22:50

Jeepers - it's appalling that they have allowed this to drag on for so long! I definitely think you should get in touch, remind them of the published time-scales and explain that the ongoing situation is causing you significant upset. You poor thing - I hope you have a swift and sensible resolution to this palaver and that your week off is truly relaxing and enjoyable.

emotionsecho Thu 21-May-15 00:27:19

Does your company policy say anything about what happens if the appeal is not investigated within the specified time frame? I would have thought if it hasn't been done you would have grounds to request the dismissal of the appeal due to the time taken to process it. Check with your union or HR it is unfair on you to prolong this and you would surely be within your rights to complain about the company's lack of action and the detrimental effect it is having on you and your performance at work.

mayfridaycomequickly Thu 21-May-15 00:31:50

Thanks - I've spoken to the union but (stupidly) not involved them properly because I genuinely know that the complaint has no basis at all.

It's been a huge struggle - we work in a small department and he's been picking out other colleagues and lying to them about me (telling them that I'm on capabilities, I've had warnings, I'm going to lose my job and he'll replace me...)

I'll ring the investigating manager tomorrow - not sure what to say though!

mayfridaycomequickly Thu 21-May-15 00:33:30

emotion I'll check that tomorrow before I ring her. Thank you

Fluffybear86 Thu 21-May-15 09:21:08

That's awful. No way should you be subject to that in work. I have worked with downright ill and evil people who will do anything to discredit someone but believe me these people get found out eventually.x

mayfridaycomequickly Thu 21-May-15 10:38:29

Thank you - I've just checked the time frame and it's been going on since January... I feel absolutely broken over it all and have just ended up in tears again at work after speaking to my manager - she's been good and is chasing HR but there's still no conclusion.

Will ring the Union when I calm down a bit.

MargoReadbetter Thu 21-May-15 11:28:41

flowers

reallybadidea Thu 21-May-15 11:32:34

and he's been picking out other colleagues and lying to them about me (telling them that I'm on capabilities, I've had warnings, I'm going to lose my job and he'll replace me...)

The unfounded complaint notwithstanding, this is bullying. I wonder whether you feel you could make a formal complaint about his behaviour towards you?

mayfridaycomequickly Thu 21-May-15 16:31:15

Thanks Margo smile

Really I should, to be honest so should many others - he's been doing this to various people for years (although this is the furthest he's ever taken it). maybe once the appeal is over.

I spoke to the HR manager today and he's hoping for a resolution to the appeal by the end of next week (which means a crap week off worrying about it)

I've had lots of support from colleagues so I'm lucky really - although I've spent most of my time between meetings today crying.

I hate that people do this - honestly, I wouldn't put in a complaint unless every other approach had been tried first.

HermioneGrangerHair Thu 21-May-15 19:59:20

You poor thing. flowers I really think you need to speak to your Union rep, and the sooner the better. Not only should they look into the bullying, but also at the failure of management to stick to the timescales in the policy. This is exactly why there is a policy: to facilitate legitimate grievances while protecting staff against vexatious ones. It is a stressful process, and the time limits should give you confidence that it's finite, and let you know when you can put it behind you. But letting it drag on, your employer is putting your mental health and wellbeing at risk, and the sooner you and your Union rep put that to them, the quicker this thing is likely to be resolved. And I'd bet you anything, if you come back at this bully with your own, legitimate and substantiated grievance, it'll put them off making false allegations more effectively than anything else could do.

ImperialBlether Thu 21-May-15 20:03:21

Do you have a colleague who could put in a formal complaint against him for bullying you?

Are you in education, OP?

emotionsecho Thu 21-May-15 20:16:21

This sounds awful and totally unfair, OP, how can the company justify allowing this situation to drag on, they investigated the original complaint and seem to have taken an inordinately long amount of time over it, then he appeals and their own policy and procedures state that they have 10 days to investigate the appeal and it is now four weeks and counting.

I think you do need to get the union or some other body involved on your behalf as this is untenable. Once it is all over I would suggest you have a meeting with management/HR regarding their poor handling of this and raise the fact they have explicitly gone against their own published procedure and policy.

Perhaps you could call ACAS for advice and give them the details of your company policy.

Also, I know you probably won't feel like doing it as it may prolong the situation but I do think you should lodge a grievance against the person who complained about you.

Good luck and sorry to hear how badly you are being treated.flowers

mayfridaycomequickly Thu 21-May-15 20:36:33

Imperial - how did you guess?

He's also told students that I'm no good at my job (I'm a consistent grade 1 / 2 teacher)

You're all right - I need to speak to the union. I also need to fight back. I'm normally a right balshy mare but I'm struggling to find the fight atm!

ImperialBlether Thu 21-May-15 21:05:32

Sounds like the place I worked in - couldn't take it any longer and left after 20 odd years. Poor senior management IMO.

mayfridaycomequickly Sun 24-May-15 19:35:39

It's horrible imperial

We've got a new manager who has, so far, been better than his predecessors... we'll see.

I'm off for a few days but it's still playing on my mind.

mayfridaycomequickly Fri 05-Jun-15 15:20:15

Quick update - the appeal has (apparently, I've had no correspondence from HR whatsoever - person who complained told someone who told me. ..) has not been upheld.

Not sure what happens now. I'm considering putting a complaint in about HR. This has gone on since January :-(

DoJo Fri 05-Jun-15 15:35:45

Good news about the appeal, although how awful that you haven't even been told officially. I would definitely complain to HR - there is no way someone should be left in the position you have been in for so long. I hope that you are able to enjoy the 'news', such as it is, and that you get some resolution from HR about how appallingly this has been handled. Are your union helping you with the post-judgement process? They should be hopping mad about the way HR have gone about this.

mayfridaycomequickly Fri 05-Jun-15 20:45:18

Thanks - I only found out today (my say off) and, because I've had nothing official to say it wasn't upheld I feel very deflated. I thought I'd be overjoyed.

I'll be getting back in touch with my union on Monday - HR can't be allowed to take 5+ months to investigate something like this.

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