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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU? Escalating work issue to HR/legal advice

117 replies

WanOvaryKenobi · 27/08/2023 17:35

Hello 👋,

Posted this in the Work chat but didn't get any response. Seeking a bit of advice here.

I started a new role 14 weeks ago that has a three month notice period. The contract wording is:

"Your probationary period is specified in section X (which says 3 months). Should either you or the company wish to terminate your employment during your probationary period, the notice required will be one week. Your probationary period may be extended at the direction of the company."

The notice period beyond probation is 3 months.

So this week my manager informed me that my probation was to be extended, 2 weeks after the 3 month probation period.

I have to be honest I was completely blindsided by this as I have a weekly 1-2-1 with this person and there has never been anything negative raised. Yet at my last meeting they announced that they still needed more time to decide, and in particular I needed to finish a strategy document, and a few issues with my "engagement" and "not being bubbly enough". Again, nothing along these lines has ever been raised in any of the 12 previous 1-2-1s.

As for the strategy document I was told to put it to the side for a few weeks to focus on bigger projects that had tight deadlines. I was never informed that passing my probation was contingent on completing this strategy document. In fact the opposite, I have been told that it is not a priority. If I had been informed of the consequences on my probation I would have worked a lot more extra hours. I'm also just shocked that there have been any issues with my performance or attitude as this has never come up before.

I now have a few questions as a one week notice period is extremely stressful.

I basically want to know if they are able to extend my probation period after the deadline has ended, and with no prior warnings or written confirmation. I have still not been asked to sign anything and some of the feedback, like being "bubbly" and "engaged" feel a bit like subjective measures to improve on rather than concrete achievements, and again these issues have never come up before. So it is not a clear performance improvement plan or official document and I don't want to be blindsided again.

I am also wondering if they do try to sack me if I am entitled to three months notice/pay. I have been looking at other cases and it does seem to me that they have to inform you before the probation period has ended if they are going to extend. Also, my contract does not say I need verbal or written confirmation when this period has passed so it feels like this is done automatically.

Any advice? Thanks.

OP posts:
JustMarriedBecca · 07/09/2023 15:37

I would personally see if they are open to a WP discussion first. If they agree to a settlement it's usually a condition that you get your legal fees covered by an independent firm. Our place has a list of employment lawyers they know will advise independently within the £500-750 legal fee allocation.

I think you can refuse to disclose information full stop as contractually confidential business information is the property of your former employer. You can also, I think, rely on that (and your refusal to disclose it) as potentially their grounds for seeking to manage you out.

Cheeky bastards though.

Might be worth a call to your former employers to say things aren't working out where you are now as you are being pressured to give confidential information about their organisation and have refused to do so. That their conduct is causing you to question your decision to move there and is there any chance of a job role back there?

JustMarriedBecca · 07/09/2023 15:40

P.S this happened to a friend who walked back into her old job after negotiating a £60k lump sum with her new employer. Absolute result (figures obviously dependent on salary which was significant). If 3 months salary is £7,500 before tax, I don't know what a reasonable lump sum would be.

WanOvaryKenobi · 07/09/2023 17:49

Thank you all of you for your feedback, advice, and wisdom.

Just had a chat with said manager. There were a lot of bitchy comments but I didn't rise to it. I also showed them the strategy document as it stands (which they hadn't seen) and they are much happier with it now. They also said my performance recently has been fine. I said that's great as that means we have resolved everything.

They were extremely pissed off that I had spoken to HR about it but that seems to be because it has reflected badly on them.

They want to draw a line under it and currently do not want to put me on a PIP but need to speak to HR first. Which doesn't quite sound right to me but hey ho. I actually do really like the work itself and the industry so who knows.

OP posts:
MavisTheMonkey · 07/09/2023 17:58

@JustMarriedBecca has given good advice.

I know you say you like the work and industry but the mgmt sounds like a shit show so I would continue to be very wary and keep a dialogue open with recruitment consultants.

Also make sure you save all relevant emails (forward to personal email as long as no company / client info) and whilst it's all fresh in your head create a document noting down timeline and details of all the issues you've had to date. I wouldn't put it past them to pull another crappy move in a couple of months time but best of luck

WanOvaryKenobi · 14/09/2023 17:28

Well the inevitable has happened and manager's behaviour has escalated to outright hostility.

I am constantly getting thrown under the bus, publicly criticised, and privately insulated. There was talk of a PIP but no follow up which I'm pretty certain is because there isn't actually anything wrong with my performance. My numbers are continuing to improve, I'm going out of my way to be helpful to the team and just get belittled. I've asked HR for a copy of the employee handbooks as I have an ongoing issue with bullying to put it in writing. Currently also applying for other jobs.

Any advice on how to raise a grievance would be welcome.

OP posts:
WanOvaryKenobi · 24/09/2023 14:18

Giving an update here. This last week has been wild.

I had an informal chat with HR who I think are bricking it as I was told I have grounds for a grievance but asked me not to. The CEO then held an emergency mandatory company wide meeting about company culture and how bullying will not be tolerated (seems to be rife in other areas of the business).

I then put everything into writing to the manager who called me to be extremely defensive and frankly was just an arse. In their reply via email they don't actually address any of the multiple failures.

Since then the manager has tried to be a bit more helpful but HR have decided to do an informal investigation of their own, without me asking them to which I think is the best option as I haven't done anything wrong and am not being malicious.

Then the HR person has quit and the next day they put up a job posting asking for specific experience in dealing with employment law, disciplinary action, grievances, and succession planning.

I got some advice from a contact who is an expert in unfair dismissal and EDI. I have the details of a solicitor I am going to contact tomorrow.

I have a funny feeling shit is about to hit the fan, if it isn't already.

Edit: typo

OP posts:
TapDancingEverySyllableFromEarToEar · 24/09/2023 19:15

Blimey.

WanOvaryKenobi · 24/09/2023 19:20

Right?!

OP posts:
sonicmum2002 · 24/09/2023 19:33

That sounds awful! but as you've only been there a very short time not sure what your employment rights are. In your position, I'd probably leave as it sounds a very toxic environment.

LakieLady · 24/09/2023 19:50

Bloody hell, that fuckwit of a manager behaving like a shit has really put the cat among the pigeons!

When/if HR talk to you as part of the investigation, I think I'd be minded to drop into that conversation that all this started after you disclosed a past MH issue and that you felt the "bubbly" comment was inappropriate, because it is a quality that only seems to be expected from female employees.

A manager with that attitude wouldn't last 5 minutes where I work.

IhateJan22 · 24/09/2023 20:15

WanOvaryKenobi · 27/08/2023 18:40

That is very interesting. What happened? I wonder if my higher up has gone to HR. Is it worth speaking to them?

Nothing, I had to put up with the waste of space. Still do!

blueshoes · 24/09/2023 21:36

Then the HR person has quit and the next day they put up a job posting asking for specific experience in dealing with employment law, disciplinary action, grievances, and succession planning.

This is weird. I wonder why HR quit. Was she part of the problem or the investigation is not just re: you but others and it is a big job so she thought f--- it I am out of here.

Generally, in this situation I would expect the company to instruct employment lawyers to guide the investigation, along with HR. HR does not have to know everything but they have to co-ordinate.

WanOvaryKenobi · 25/09/2023 09:06

It is very weird. There's clearly a lot more going on.

This person wanted to do it informally for the time being.

OP posts:
vivariumvivariumsvivaria · 29/09/2023 18:06

Can you give ACAS the update? Does the HR manager quitting change things?

LittleMousewithcloggson · 29/09/2023 23:32

At the moment you haven’t been dismissed so claiming unfair dismissal isn’t an option. (You haven’t been there long enough anyway)

Whilst the treatment of you is causing you upset and concern, at the moment you haven’t decided it is so bad you have to leave - so no case for constructive dismissal (again, haven’t been there long enough anyway)

Disability or racial discrimination is your only possible option. Tribunals like to see that you have followed the companies procedure first to try to resolve it. This is usually informal (but make notes), and then a formal grievance if it’s not resolved informally

WanOvaryKenobi · 25/12/2023 16:05

Hello! After raising a formal grievance with my solicitor and speaking to ACAS the company decided to settle. Merry Christmas!x

OP posts:
Quitelikeit · 25/12/2023 16:26

@WanOvaryKenobi

god it sounded like hell!

was it more than three months salary in the end? 🤣🤣

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