Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

HR and Union

4 replies

JustJoin · 10/12/2013 16:16

Is it possible that HR are so keen to keep unions sweet that they flout their own policy?

I have a colleague who has triggered sickness proceeding since 2011 and hasn't performed his full role for two yrs now...doing a limited role defined by 'what he feels he can do'

Each stage of sickness proceeding explored. OH report received which said 'only he can indicate what he feels capable of'

At every stage he has failed to meet the expected outcomes agreed at the previous meeting but they have been waived to a new date with assurances to our manager that unless he comes back to the full role he will be redeployed or dismissed under capability proceedings. (Two processes because the initial sickness policy leading to redeployment has now become a capability issue because he cannot any longer do his original job due to deskilling in 2 yrs)

He's given a timeframe to re skill... Agrees to this at a meeting and on his return from another sickness episode he announces he needs phased return and can't be expected to take up the full role for another 2 months... So they allow it????

Repeat the above with variations on a theme.

Meanwhile he's started bullying our manager. He seems to have realised that HR will undermine her at every stage and he can almost demand his hours and tasks at work. The manager has lodged a bullying claim which HR have 'parked' whilst other proceedings are ongoing. Manager has just gone on annual leave and he has been given her workstation as it suits him more....

HR profess support to my boss and agree conditions for his return to his full role ...but then go back on everything the minute he starts disputing it.

Most of the staff have expressed the same opinion that he has obviously got some incriminating evidence of the head of HR (half a joke, half not) but we are now wondering if his union rep being the main rep for a large organisation is the link to what seems to be inexplicable behaviour.

We are a really cohesive team normally so this is causing huge upset. My boss is a good friend. She doesn't talk about the issue much, in fact for the first year she hid everything from all staff. It has gradually all come out via various other routes ...however she did confirm the bullying when we asked her directly.

Any insight? Her bullying claim has been sidelined and I think she is going to have to insist the bullying policy is followed exactly. She lacks all faith in HR support and having watched them strip her workstation in her absence to hand it over to him (new chair and keyboard ordered?!) I cannot imagine how she will feel when she returns. Before she left she had expressed fairly strong feelings of despair and said she wasn't sure she could face returning

I have told her to join the union...but it is same union that he uses so she feels she will not get a fair treatment

OP posts:
JustJoin · 10/12/2013 16:18

I should say that the 'conditions' of returning to the full role didn't start until a full year had passed. A further year has since passed and the deadline for return to full role has just been extended for another 2 months

OP posts:
mercibucket · 10/12/2013 16:29

some public sector are terrified of sacking anyone in case they sue and the case gets bad publicity

sisterofmercy · 10/12/2013 17:09

I have no idea what your union is like in your workplace, obviously, so I have no idea how overbearing they may or may not be. However, I would have thought that HR might be more scared of Employment Tribunal and potential high payouts/publicity for disability discrimination if they put a slightest foot wrong which might make them overcompensate. Admittedly this seems to happen more in public sector workplaces where there is a strong union - the staff have more legal advice to hand to fight their corner.

If your friend joins the union, she could make use of their legal advice helplines which most of them have now, and bypass her rep. It might be that there is more than one rep she could talk to.

If you or she wants to check capability procedures then the Acas website has loads of guidance for HR on what they should do which you could use to construct an ideal process and measure how well your workplace does? There's a bit on bullying on there but because there isn't a law against it explicitly you have to do a lot of reading between the lines.

I am sorry that your team feels so unhappy.

JustJoin · 10/12/2013 17:23

Thank you. I think all of us assume employment tribunal is feared but it has reached the point at which there is obviously nothing that he can do to be removed from post. So I do wonder why HR even started the process. He's realised he has immunity and is making the most in all sorts of ways

The rest of the team is really being affected

OP posts:
New posts on this thread. Refresh page