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Legal matters

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Grievance what can I do

12 replies

plezzuns · 16/08/2022 13:50

Hoping someone can help. I am currently under investigation for bullying and harassment from someone I line manage. Said individual has been with the company just over a year and in that time has requested to change line manager 3 times due to clashing with their manager. I am leaving in October for another job and now this grievance has been raised I am so stressed I can't sleep or eat. I feel that I have done absolutely nothing wrong except try to manage a very difficult individual who takes umbrage at basically anything said to them that could be interpreted as a request - e.g. when I asked them to log data in the way the company needs it to be done rather than the way they like to do it. The company have acted promptly and are investigating and I have had sight of the grievance and presented my side. However the vast majority of alleged bullying that I have apparently done has occurred in meetings that were just between the two of us and seem to hinge on what this person felt rather than what I actually said or did. EG they felt bullied when I asked if they could please ensure they were entering the data in the correct way (I asked politely). But obviously I know bullying is about how the person felt rather than your intent.

I can't see that anything I've written (or even anything I've said verbally) would constitute bullying, but am I not going to be found guilty by default if it is all about impact and not action? I am so worried. I have been a line manager for nearly 20 years and always had good relationships with all my colleagues until now.

Grateful for any advice. My work seem to be dealing with it properly but I am so worried.

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MerlinsButler · 16/08/2022 14:06

Sorry I don't have any legal advice. But bullying is absolutely not about how the person "felt". This is similar to people being triggered / unsafe.

If you were expressing opinions then maybe but outlining work expectations is not bullying.

You were appropriately managing work expectations and requirements. As a line manager should. Did you documents these meetings / follow up in writing e.g further to our one-to-one it was agreed that you will follow company procedures for data entry for audit etc purposes. To be reassessed in 2/3 months etc.

plezzuns · 16/08/2022 14:15

I documented everything as I knew this person was likely to have issues with me given they had issues with previous managers

Unfortunately simultaneously they seem to have been going around to other colleagues saying I had upset them. I did not do the same so I am worried witness statements will be biased towards them.

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dexterslockedintheshedagain · 16/08/2022 14:23

From what you've said, it sounds as though the management are well aware of this person (asking to change line managers 3 times in 12 months-who is the common denominator?!!) and are 'investigating' in the interests of thoroughness, and to pre-empt any sort of constructive dismissal claim. As the LM, you are entitled to point out if they are doing something wrong, and to show them the right way ie not how YOU want them to do it, but how the company -THEIR EMPLOYER! - want it done. It's not bullying, it's managing.
Do not worry (though I know that's easy for me to say)

AlisonDonut · 16/08/2022 14:23

If you have done nothing wrong there is little else you can do and worrying isn't going to make a difference.

I was accused of the same years ago, and when the person found out that my manager had advised me to blind copy them him in on all emails to protect myself (and he could pull me up on anything that didn't seem fair) she was shocked as I had spent good time on every email and spent a fair old while cross checking all decisions for fairness. Some people just expect to not have to do any actual work and think it is bullying to ask them to do their actual job.

plezzuns · 16/08/2022 14:28

I am just so worried as everything I have read online seems to state that impact is more important than intent. Admittedly that seems to be more in the case of X makes a joke that upsets someone but they "didn't mean it". That's absolutely not the case here. In my view I have just managed them and made reasonable requests of them as appropriate for a line manager. Admittedly I may sometimes have got frustrated with them as everything I ask of them seems to be met with resistance, but I feel that I have never been anything less than polite and professional.

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Seemslikeaniceday · 16/08/2022 15:58

OP please don’t worry the investigation and deciding officers will have seen this before.

It is stressful going through a grievance do you have a TU or EAP who can offer support?

plezzuns · 16/08/2022 16:40

I have an EAP but no union. EAP haven't been much help really.

Literally everything online is sympathetic to the alleged victim and assumes the perpetrator must have done it. Also the assumption that you can only bully someone if you're their line manager.

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Fizzgigg · 16/08/2022 16:50

I think it works in your favour not to have been talking about your meetings with anyone. It's professional. You don't do that because meetings and performance management are confidential. You would never be seen to be gossiping about her so if course you didn't discuss it with colleagues. That line doesn't hurt your case.

prh47bridge · 16/08/2022 18:48

On the impact vs intent issue, it is true that "I didn't mean it" is no excuse. However, if, as a manager, you ask a member of your team to log data in accordance with company processes and your approach is not offensive, abusive, insulting or intimidatory, that is not bullying by any stretch of the imagination. An attempt to classify it as such by a difficult to manage employee should be disregarded. If anything, it is further evidence that they are difficult to manage. I would not wish to work for an employer who found against you in this situation.

Idontgiveagriffindamn · 16/08/2022 18:54

I’ve been through exactly this but I was going on maternity leave rather than leaving the company. The person you line manage could be the person I managed!
When I took over line managing then I had to address sickness as this hadn’t been done with the previous manager, address performance concerns and also financial integrity (worked for a bank). She played the victim throughout and told everyone else a pack of lies. That was the hardest part because you can’t say anything. A couple of people mentioned it to me outright and I just said I cannot discuss this with them as it was confidential.
That actually worked against her in the end as she tied herself up in lies and couldn’t get her story straight.
You have to remember that just because it’s an unwarranted grievance HR have to investigate otherwise they open themselves up to genuine claims.

Also remember you’re out of there soon and you never have to deal with her again. With my person it affected her after I left as I was asked about her by someone I knew when she went for a job at another company.
I use her as an example in interviews of managing difficult colleagues, HR process. She did wonders for that side of things for me.
I got a sick note for the last 2 weeks that I was working as she was affecting me so much and I have other pregnant related health issues that were exacerbated. If you feel you can’t cope go down this route as well.

devildeepbluesea · 16/08/2022 19:12

Whilst it is true that impact is more important than intent, that does not mean that managers shouldn’t manage.
From what you’ve said you’ve done everything right. If I was your union rep or companion I’d be making noises in the hearing about the employee’s behaviour constituting upward bullying by manipulating you into being scared to do your job.
I know it’s easy for me to say but I honestly don’t think you have anything to worry about.

plezzuns · 16/08/2022 23:52

It's been so hard because I just know they are talking about me to others but I can't prove it.

Hand on heart I don't feel I've done anything wrong. I've been over every one of my emails and I don't think I've ever even been abrupt. Occasionally at meetings I might have become frustrated but only in the way you normally might if you were having a relatively robust disagreeement with a colleague - no raised voices, no passive aggressiveness, certainly no abuse or intimidation. By contrast they have raised their voice to me and spoken to me in a manner I consider pretty aggressive and rude on several occasions. But I can't prove it.

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