Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Work

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

Flip

Original poster

Work worries - need HR advice please

24 replies

Inamessatwork · 28/08/2018 16:52

In the middle of a horrible situation at work. Can anyone clarify the below (for context am off sick with stress, please don't judge)

• since I've been off a peer has been promoted on a temporary basis to be my manager. Should this have been open to all to apply?

• HR are withholding information from me and also not replying to my emails. Is this allowed?

• Am worried sick as cannot afford a lawyer. Any advice on this Too will be much appreciated. As in how far realistically can I take by myself :-(

Thanks for any replies. Am desperate and don't know where to go from here.

OP posts:

Stinkbomb · 28/08/2018 17:02

I think we need a bit more context here. Are you off with work-related stress?

MrsDc7 · 28/08/2018 17:05

More info would be helpful

Bestseller · 28/08/2018 17:07

There is no legal requirement to offer any internal opportunity to all but it is generally considered best practice to make sure you have a decent field of candidates and to avoid situations where staff feel unfairly treated (although in some industries there are union agreements).

The emails query doesn't make sense without context.

Original poster

Inamessatwork · 28/08/2018 17:17

Sorry yes - off with work related stress. Emails to do with promotion amongst other things.. Sorry to be obscure am trying not to give away too much

OP posts:

flowery · 28/08/2018 17:19

”since I've been off a peer has been promoted on a temporary basis to be my manager. Should this have been open to all to apply?”

Yes ideally posts should be available for anyone to apply, but it’s not a legal requirement and if it’s only a temporary acting up post it’s not really massively unreasonable not to open it up to people who are off sick.

”• HR are withholding information from me and also not replying to my emails. Is this allowed?”

There’s no law requiring HR to respond to emails although clearly in the context of a legal claim they won’t be painting themselves in a good light. Whether they are allowed to withhold information depends what information it is.

Bestseller · 28/08/2018 17:21

If it's work related stress then it can be argued that work shouldn't be making any contact with you over anything for fear of worsening your condition. As with most things HR there aren't black and white rules.

If you're ill with work related stress shouldn't you be focusing on getting well rather than worrying about what's going on at work? Presumably you wouldn't have been in a position to take the job anyway, if you're signed off?

Kemer2018 · 28/08/2018 17:27

Are you in the U.K?

tootstastic · 28/08/2018 17:41

I would recommend joining a union. Subs are low and they'll fight legally on your behalf in the workplace and accompany you to any meetings/guide you through your company's grievance procedure.

Bestseller · 28/08/2018 18:04

A union won't help with something that's already going on when you join. I've never found them very helpful TBH, although I still pay my dues for the joint bargaining benefits and to support the movement. I've had better legal support and advice through my house insurance and ACAS.

SassitudeandSparkle · 28/08/2018 18:09

By 'not replying to emails' do you mean that you are not getting the answers that you want about the promotion? Because they don't seem to have done anything wrong with the promotion. Either they are acting up temporarily or it was an open vacancy which you could have applied for (but didn't see it possibly because you were off). Are you asking HR if you should have been specifically notified about the vacancy?

TittyGolightly · 28/08/2018 18:11

If it's work related stress then it can be argued that work shouldn't be making any contact with you over anything for fear of worsening your condition.

This is very very rarely the right course of action.

Bestseller · 28/08/2018 18:16

I know Titty but especially in small companies it's a common misconception, as people are scared to get it wrong and been perceived to be putting additional pressure on the sick employee

Original poster

Inamessatwork · 28/08/2018 18:42

They have been contacting me about other issues but selectively avoiding questions on the same email...

For context, and again trying not to give too much away, stress is caused by grievance to do with peer that has now been promoted so seems as though promotion has been created to aid the other side of grievance iyswim? Apologies for being vague :-(

OP posts:

Amaried · 28/08/2018 19:01

I'm not sure you have any legal right to be consulted about temporary acting positions even if they concern the person you allege is causing you unnecessary stress.
It probably would be best practice though. You are not in a strong position though to be off in stress leave and complaining about promotions to a more senior role at the same time. Most employers would view both of these as mutually exclusive.

SassitudeandSparkle · 28/08/2018 21:10

I assume you are dealing with HR in connection with the grievance - I would stick to that tbh for now and ignore the promotion. Have they given you a timescale or are they waiting for your return?

Original poster

Inamessatwork · 29/08/2018 07:41

Thanks all.

The role is new so I am suspcious that it has only been introduced since I've been off and I haven't been off for that long.

HR have told me about other work related changes but I found out about this one from someone else.

The grievance is to do with being treated differently despite being peers but now this person is my senior.

OP posts:

daisychain01 · 29/08/2018 09:08

since I've been off a peer has been promoted on a temporary basis to be my manager. Should this have been open to all to apply?

Reading between the lines, this temporary manager role will perform new responsibilities of which being your manager is one (and being manager to other people in the team?).

Do you believe you have the necessary qualifications and attributes to have been considered?

There is no harm in expressing your disappointment at not being given the chance to apply and be considered for the role. If it is only temporary though, what would be the benefit?

Unless they are openly discriminating against you (and you have some proof, ie the reason you've been overlooked is based on a protected characteristic like sex, age, pg for ex) then I would pick your battles.

If you have an ongoing grievance being processed via HR, focus on being heard about the points you have made, and try to get resolution. Also focus on getting well again, health is more important than anything. If you feel ready for promotion, look for openings away from the current environment, where there's no history, and you can start afresh and "reinvent" yourself to suit the future role.

flowery · 29/08/2018 10:57

So you think the promotion might be to justify the less fair treatment?

It won't surely affect the grievance in that if the less fair treatment was from when you were peers that hasn't changed?

What information is it you are concerned HR are withholding from you?

swingofthings · 30/08/2018 08:15

To be fair they could have arranged interviews offered you to come and then what? Would you have gone despite being to ill to work? And if you'd gone how could you have justified coping with more managerial functions when you are currently not able to manage the stress of your current role. Also the position is temporary so likely to justify that it is to deal with a immediate business deal which you couldn't support if you are sick.

Unfortunately the moment you go off sick with stress you put yourself in a weaken position when it comes to promotions. What are your plans? Do you want to go back to your role?

Original poster

Inamessatwork · 30/08/2018 11:31

Daisy chain "Do you believe you have the necessary qualifications and attributes to have been considered?", yes i do. The role came up before and I applied but was then decided it wasn't needed.

Flowery yes, I think it has been created again (and very quickly) to justify it. I have been made aware of several other changes to my sept that will impact me and my role (again all rushed through) but have not been told about these by HR. All which may justify the other side of the grievance. I have been in fairly regular contact with them.

Swing - the stress is related to treatment by others not my actual role but the treatment is making it impossible to perform my role. That seems massively unfair that I will put myself in weaker positions for future promotions as they have caused me stress.

I feel as though am in a hopeless situation and it's really affecting my day to day :-(

OP posts:

Original poster

Inamessatwork · 30/08/2018 11:32

Dept not sept

OP posts:

SassitudeandSparkle · 30/08/2018 12:08

OP, I do feel that you are approaching this from the wrong angle really. If you have put in a grievance then that was about something specific. You are looking at everything that is happening as if it was related to the grievance, even if it happened afterwards. While the grievance will be a major factor in your life, it's not going to mean as much to your colleagues. I really doubt that they are conspiring against you.

I'm guessing that this colleague has worked their a shorter time that you have? Although you went for interview for a similar role it doesn't sound as if you were offered a role or told you had been successful?

Focus on your own health. That's the most important thing here.

PrimalLass · 30/08/2018 12:21

Honestly? It appears as though even if you applied and interviewed then they would have appointed your colleague anyway.

daisychain01 · 30/08/2018 17:57

Based on what you've said, I would distance yourself from this whole situation, because it will continue to gnaw away at you, as to why they didn't select you. They have made their decision, there is unfortunately only ever one winner in these internal promotions, the person management selects. Everyone else is left deflated with the misfortune of seeing a colleague they might have (rightly or wrongly) viewed as less able than themselves in the prized position. Hey, that's life. Being a manager is all about taking it on the chin.

Build up your resilience, and come back to work determined to look for a permanent promo (not a temp one as in this case) where there is no past history to drag you down.

Flip