AIBU to not understand why I am facing disciplinary at work for such a non-issue?

[Scarlett9004]

Hello,
My situation is this. I work in a UK company where all staff are trained to perform every role, yet in practice, particular individuals are consistently assigned only physically hard or only easy tasks-sometimes for many months in a row. I am usually given the harder ones and recently started feeling burned out by the daily grind, so a few days ago, I vented to one colleague, saying that this allocation is unfair given that we all receive the same wages, and mentioned several people who exclusively perform the easier tasks, including one Polish lady (let's call her Annie).

Yesterday, Annie’s husband (let's call him Tommy) approached me during the shift and shouted angrily, "Listen carefully! It's not your business why Annie never does physically demanding jobs. Stop gossiping about this or I will report you!" Offended by his tone, I retorted that I can speak whatever I like and that freedom of speech still exists. He turned bright red, walked away and reported me to the management. They launched an investigation, which I feel might lead to disciplinary action.

Aibu to not understand why the management are taking this so seriously? Can they really punish me even though I haven't been abusive or violent, but just complained about something that is bothering me? In Poland, Tommy would be told to bugger off with such rubbish-I know because I grew up in a neighbouring country! Also, I must note that Annie cannot be pregnant now as her duties, albeit quite light, are not pregnancy-friendly and all pregnant employees are always moved to office roles; this means she is provided with easy work purely due to favouritism.

Yabu - you whinged about a specific person which has no positive benefits, rather than raising with your manager, who could have discussed YOUR circumstances with YOU.

How does bitching about Annie help you or the company?

You have answered your own question as to why Annie is getting lighter duties, she previously performed exceptionally on heavier tasks.

I’m amazed that in whatever time you have been/worked here you haven’t figured out that we have a different working culture and our own employment law in place.

What happens in your “native region” is utterly irrelevant.

Not saying OP is racist, but Poland has suffered badly from racism and xenophobia from neighbouring countries over the years, and Eastern Europeans are perfectly capable of xenophobia and racism against other Eastern Europeans.

The OP would be well advised to leave nationality and culture out of this. It's not relevant. Her employer's duty of care is relevant. If she needs reasonable adjustments, they should be offered regardless of skill or seniority. That's what she should focus on.

He's right it's not your business. Though if he doesn't work there himself he shouldn't really have got involved. But you don't know why people are on certain duties and their health is confidential.

I also don't know the reason you said what Nationality she was? What difference does that make?

Freedom of speech does not mean freedom to insult and shout at your colleagues.

You have no idea what medical issues Annie may have that might have her on lighter duties and you have no right to that private and confidential information.

Frankly, if you think that pregnancy is the only condition that could have a woman on "lighter duties" then you really don't have much imagination at all. There are plenty of others, and they might not always be visible. In fact, the majority probably aren't.

You were very silly to speak as you did, and even more silly to mouth off at Tommy about freedom of speech giving you licence to do and say whatever you liked.

Perhaps the best thing you could do now would be to apologise sincerely to Annie and Tommy for your atrocious behaviour. Via HR too.

If you are unhappy in your role and feel that you are approaching burnout then that is a totally separate issue, and one you should have raised with your manager on your own with no reference to Annie or to anyone else's nationality. You still could, though the way you have behaved doesn't really show you up in the best light I'm afraid.

it’s fairly toxic and unpleasant behaviour on your part.

Why Annie has lighter duties is non of your business. There could be many reasons.

At this moment though you are not facing disciplinary action just an investigation.

Now is the time to apologise and reconsider your behaviour.

I disagree, the op isn't being racist. She's just describing her. The tall one, the blonde one, the fat one, the French one.

Polish people aren’t a “race,” anyway. My dad’s side of the family came to the US from Poland in the 1910s, and while Poles are certainly an ethnic group, they’re not some kind of separate race from white British people or any other type of white people.

The op did NOT single Annie out!! Read the post, she stated several people Including Annie

if there is general favouritism op is within her right to complain and expect something to be done clearly setting out the criteria for allocation of tasks. But I agree gossiping is not ok. I expect op did it in a moment of frustration

Management have no control over Tommy unless he does work there, and he was obviously annoyed that someone was talking nastily about his wife. I assume she found out and had been crying on his shoulder so to speak.

Certain tasks that are more physical, I can't do at work but if you were to look at me, I can absolutely guarantee you'd think 'She's able-bodied, so she must be lazy/a favourite of management'. Yet, there is a very good reason why I can't do those things, which technically is a disability.

My point is, you have made assumptions regarding your colleague. You have no idea why she's on 'lighter duties', there could be a very good reason behind it. You aren't going to know your colleagues personal medical information, unless they choose to share that with you themselves.

Of course, you may be correct, perhaps your colleague is a favourite of management, and she's given preferential treatment but you don't know that.

You should have raised the issue with the person allocating jobs, in a professional manner, not moaned to a colleagues and bitched about another. Freedom of speech means you can speak without retaliation or censorship from the government. It isn't a blank card, that means you can speak to people how you want. Annie's husband is correct, it isn't any of your business and you were gossiping.

Unfortunately, you will have to see what happens. Your best bet would be to apologise to management if you are pulled up. Say that you are burnt out by having more than your fair share of harder tasks, and were frustrated. You realise you didn't handle the situation correctly, and for that you apologise, as you didn't mean to upset Annie.

The problem isn't that you said it was unfair but that you specifically named people. If you'd asked for work to be allocated more fairly instead of venting you might be in a better position.

But she didn't complain, she just started a rumour about favouritism naming Annie (and others). Annie's DH objected to this as he should and called her out.

That's reasonable, but Poles have been victims of anti-Slavic racist theory all the same. Legislation against racism at work also covers nationality and ethnicity. (But I agree there's no indication OP has offended this way at work).

In Poland, Tommy would be told to bugger off with such rubbish-I know because I grew up in a neighbouring country!

That probably explains why you seem to think 'freedom of speech' exists in England. It doesn't. There is no legal right to freedom of speech and there are actually stringent laws about what you can and can't say about others.

You are facing a disciplinary for making comments about co workers that are not your place to make.

Report Tommy to the management, he shouldn’t have been aggressively shouting at you.

Agreed, except that I would drop the "fair share" rhetoric and simply request reasonable adjustments if needed. And if they're not needed, accept that tasks are allocated by seniority and track record.

This. Fight fire with fire.

I asked a colleague in another department why a job hadn't been done in my department last year and they raised a grievance and went off sick. I would now document any similar discussion and lodge it with HR immediately.

I wouldn't apologise. Another colleague has abused the OP. He needs to apologise as what was said was nothing to do with him.

Of course you are right, but they grow up in a different culture and therefore think and behave differently.

Did management tell you that Annie gets lighter tasks because she performed exceptionally well when she did harder tasks before or after your rant? Is exceptionally well measured by a number (eg bringing in X amount of business), speed (eg closing cases in X time), positive client feedback etc?

If you knew that paying your dues with harder tasks would lead to easier ones then you need to focus on how you can end up with lighter tasks rather than the management decision to have people have a period of harder tasks before being rewarded with the lighter ones. It is shitty for the people stuck with the harder tasks but we can’t really comment as we don’t know the job and industry.

Tommy shouldn’t have got aggressive. The company should be telling him to back off formally.

I would also think about how the company found out about what you said. Lots of people like a moan about work but if someone that you moaned yo reported you then you might have to rethink your relationship with your colleagues and keep that kind of moan to your partner or therapist.

The best thing you can do is make it clear when interviewed that you did not mean to single out anyone and your comments were not directed at Anna, that you are apologetic that the conversation with Tommy got heated but that he was aggressive toward you and in the heat of the moment you responded in a way that you regret. Employers in the UK are required by law to make adjustments for people with a disability. You don’t know her business, it might be the reason she is on light duties. Bosses don’t like bullies or gossips and this situation could paint you as either. If you are not happy with the work you have been allocated, talk to your manager. Explain that you are struggling and burnt out and this led to your speculating about others work which you now know was inappropriate and you apologise for that. If your tasks can’t be changed, then your choice may be to leave. Work culture in other countries is not at all relevant. The bosses reasoning for allocating work in a particular way will not be explained to you.

He does work there

A male employee shouldn’t be shouting angrily at other employees, particularly women. That’s intimidating and unprofessional. I’d suggest to ‘management’ that your bit of workplace disgruntlement sinks into insignificance compared to misogyny and aggression.