AIBU - Lodged official complaint in work

[Adsy1988]

Will try not to drip feed. I was on secondment for 15 months in a role that ended at the end of March. It was a great job, allowed me to WFH at times in order to collect my children from school as my childcare changed dramatically in the last six months, meaning I need to collect them two days each week.

This was an issue when I returned to my old, permanent role, and was not allowed to WFH, meaning I had to get my contract changed to allow me to work two short days (set days) each week, and three longer ones, ensuring I continued to work 35 hours per week.

Six weeks ago an amazing job was created, basically encompassing what I worked on in my secondment and my current, permanent job. I applied, was successful and accepted the position, which was again, a nine month secondment, potentially with the opportunity to go permanent.

I got a Skype message from HR last week, asking if I was intending to take over my current flexible working pattern to the new job, which I confirmed I would be.

Yesterday I went into the office to find an email from my hiring boss stating that my flexible working pattern would not suit this role (bear in mind my new hours mean leaving at 2:30 pm two days each week rather than 4:00 pm), and would I consider doing normal hours for the term of the secondment. I replied, stating this wasn’t possible, as I had to be at school for 3:00 pm two days a week, but with ample notice, I could arrange alternative childcare for stuff that would require me to be in the office on days when I am meant to be collecting my children.

The hiring manager replied, stating that this wouldn’t work, and as a result, was withdrawing the offer of employment.

Now here is the kicker. Basically the hiring manager is seconding me as a favour to another team who doesn’t have the budget. I will have little, if anything, to do with him. I messaged the manager of the team who I technically speaking would report to, and expressed my disappointment. He was perplexed as it had been described to him that I didn’t work FT, and the reason for the offer withdrawal was that I didn’t work 35 hours, and that he had no issue with me leaving early two days per week, as long as I worked the full 35 hour week.

He asked me to leave it with him whilst he contacted the hiring manager as he was extremely keen to have me join his team, I had by far the most experience out of all the applicants. He replied stating he had had a word, it appeared that it was miscommunication in that the hiring manager assumed that I didn’t work 35 hours, and that was the reason for the withdrawal.

I haven’t heard anything further from the hiring manager, and got notification from HR today that he withdrawal of the job offer has been requested.

I have since submitted an official complaint stating that for an organisation to promote a flexible working lifestyle (a main key description of the organisation), to have removed my job offer because I have young children to collect from school, is pure and blatant discrimination.

Was I wrong to complain officially?

Has the hiring manager given a reason why your current working pattern 'wouldn't work' for the new secondment?

That I would be involved in group learning at times and my shifts would not allow for that. Which I don’t agree with as I stated that given notice, I could arrange alternative childcare.

Don’t do anything until it’s officially confirmed (in writing) this is happening and has not been changed and it isn’t a time lag sorting out.

I wouldn’t put it as a ‘complaint’ but I’d ask HR to look into the reasoning behind it and check it’s correct and would genuinely be a problem and why, again you could ask for a report back in writing again. If it’s not a genuine reason but simply a preference than may nudge them into a change of mind. If the reason they give you doesn’t stack up, then complain.

There’s no point complaining if the withdrawing manager has a genuine reason because regardless of what the company policy is, it doesn’t work for that job they are within their rights not to offer, but they do need to give a reason why that flexi working has been turned down and if they can’t give a reasonable explanation, then complain.

Can you not organise a childminder for those few hours? Your local council could put you in touch normally.

Their reason sounds flimsy, unless the group learning is expected to be happening on more days than not (IYSWIM). I agree with the approach suggested above. I think you would be right to say something - it annoys me when companies trumpet in their publicity about how flexible and family-friendly they are, but then fail to deliver on real-life requests.

YANBU. Get back in touch with team lead as well.

How often is the group learning OP?

On the face of it, YANBU to be annoyed about this. It's not clear if you've tried to follow up with either of the managers before making a complaint, though?

I have registered to have the children attend an after school club, but the waiting list is quite long, will most likely be in the new school year before I hear anything now (I have had their names down for nearly six months).

@goodwinter I have chased both up and not heard anything back. Nothing really that the manager who I would be reporting to could do, as it isn’t his decision. But I requested a chat with the hiring manager yesterday and got nothing back, and then heard today that the offer had been officially withdrawn via HR, which is why I went down the complaint route then.

And not sure how often the group learning is. Certainly wasn’t something which was discussed at the interview.

I think you've been very precipate in complaining officially. Why didn't you go in for a meeting or contact the manager you'll actually be working for first? As an employer, having an official complaint would make me dig in my heels, I'd think you were a pain, to be honest.

Surely you could have resolved this by requesting a meeting with both managers, explaining you do in fact work 35 hours and reiterating that you can get cover if needed?

Can't you loop the direct manager with the hiring manager?

I don't think the official complaint route was the right way, no, and I doubt the reason you have given (collecting your children from school) is going to be successful. Your company seem to have been very accommodating in your previous two roles with them, so there may be a genuine reason for the hours for the proposed role.

I think it would have been better to ask them again informally. They may very well dig their heels in now.

Cross post, right down to the same phrase!

@Cherrysoup surely the best thing would have been for the hiring manager to come to me directly if he believed there to be any ambiguity? I am perplexed as to why this was carried out over email, and why he didn’t request a face to face meeting to discuss this.

As it is, even if I am offered the position I would turn it down as I wouldn’t want to work for such an inflexible manager. But felt aggrieved enough to make the powers that be aware of the situation.

Hmm, yanbu to be annoyed but I think you were too hasty to put in a formal complaint so quickly. I'd have tried a bit harder to sort it out informally.

@Alexa, the official offer was withdrawn. When would have been a correct time to have contacted HR to air my grievances?

When you say make ‘the powers aware’ who are you referring to? As don’t HR normally deal with complaints or a complaints manager?

Yanbu

@Snowy81 I emailed the HR contact who I had been dealing with, replying to his email stating the offer had been withdrawn, saying I was unhappy with how the situation had been dealt with and wanted to raise the issue. He sent me an email address for HR who deal with people and policy.

Could HR just be actioning the offer withdrawal request from yesterday, and the discussion clarifying that you are full time etc hasn’t filtered through to undo that? I don’t think YABU to complain in response to the withdrawal though.

I think you have been very hasty and have now created a very difficult situation for yourself with the hiring manager. Since yesterday when the hiring manager emailed asking you to work a different pattern, you have responded to his email, had job offer withdrawn, been to see the other manager who asked you to leave it with him, he has met the hiring manager and then come back to tell you that all is well and it is a miscommunication, HR have emailed withdrawing the job offer and you have raised a complaint. There's almost no time for you to have drawn breath before complaining! It sounds very likely that HR are acting o the first email and haven't got far enough down the pile yet to the email reinstating the job offer - if indeed, the email has even been sent yet! This is top of your list of priorities, not necessarily everyone else's. Before complaining I would have responded to HR telling them the situation had moved on and could they please double-check with the hiring manager that this communication had now been superseded.

I also think you are cutting off your nose to spite your face by saying that even if they reinstate the offer you will not accept - who is going to lose out most there? You!

Could a contributing factor lie in the fact that you've stated you need 'ample notice' to arrange childcare, which perhaps the new role cannot guarantee?

It could also just be that they've not had a chance to rescind the withdrawal request.

@Adsy1988 Got you now. I had it in my head you were dealing with HR, yet complained to the ‘powers’ being HR, about HR.

Sounds a bit funny to me that the team manager seemed to have no problem with your working pattern once he was made aware that you're still FT, tells you to leave it with him while he speaks to the recruiter, then you just get an email stating the offer is formally withdrawn. Could a senior manager or similar have something against you or your flexible working patterns? Or were they after that first secondment that went to you?