Investigating grievances

[Quiffniff]

I’m on a preschool committee and we have received a formal grievance from a member or staff against the manager for bullying and harassment. It’s pretty substantial. Several months of documented events, plus as part of the investigation I have witness statements from people who were present at the time too. And some other written evidence of unprofessionalism in minutes (not minutes by the committee, but by the admin lady, so impartial).

At the start of all this, I read that grievances are rarely upheld so was fully expecting this to go the same way.

But I think this is so substantial that it can’t NOT be upheld?

I’m learning at every step because this isn’t anyone on the committees area of expertise. I am an investigator and we will pass all the info to a decision maker next week.

Perhaps I’ve lived in a bubble but could the manager actually be dismissed over this straight away? Or would she likely receive warnings first and actions to resolve.

have a look at the ACAS website and follow their guidance.

OP does your preschool have a B&H and a disciplinary policy?

If you're an investigator, I don't want to tell you how to do your job, but I presume you've held formal interviews with all parties independently of each other including the employee who is accused of misconduct (they have a right to reply), then documented the results on which to base decisions.

You can't just dismiss someone without having done the necessary rigorous enquiry, documented all the evidence etc. then applied guidance according to policy which will state what constitutes a sackable offence.

I have been an investigator on a grievance. On first reading I thought the manager being complained about was at fault. I then had to do quite a detailed investigation, as timelines were really important.

I spoke to several people who were referred to in the grievance, and some who weren't.

After I put everything together, it was clear the complainant had a)lied b) left quite a bit of pertinent info out c) had an ulterior motive.

Her manager had certainly made one clear mistake, but it was made with good intentions. So I did not uphold the grievance, but recommended some training for the manager and clearer policies in place.

So my advice would be, go into it with an open mind. Talk to as many people as you think would help. Do not think about the possible consequences, that is not your job.

Yes myself and another person are the investigators and we have interviewed the manager, the employee and several staff, allselrstely, some staff mentioned in the grievance and some not. We have minutes/notes from each meeting.

The manager admits she treats this person differently and used performance management concerns as her reason why she is nasty/snappy/ignoring her and has been for months/years.

This behaviour fits with what is outlined the grievance and is also backed up by staff who have seen it. We also have some written evidence of the nastiness.

It’s been going on a couple of years and the grievance explains over 30 events where bullying and harassment have happened. None are jaw dropping horrible, or physical, but they are a clear repeated pattern of behaviour where this staff member is hurt, belittled, degraded, ignored, embarrassed etc.

I need to pass all this to a decision maker. Once they are back from holiday. So you are right, it’s not actually my decision to make.

We do have a a list of unacceptable behaviours jn the staff handbook but I’m unaware of a specific bullying policy (it’s not on our website anyway).

The manager needs clear training about how to handle many situations and desperately needs to improve her people skills, and putting grudges aside to be professional. However despite the committee wanting to implement this immediately, she wants to ‘wait until this is over’

We have pointed out that whatever the decision (assuming she isn’t sacked) that she still needs to manage her employees and the longer time passes where people aren’t managed and she actively avoids and ignores people, the worse it’s gong to be. Half the committee are totally uninvolved in case of appeal. The rest of us have offered guidance, support, researched training and also offered to mediate in 1:1s supervisions and appraisals that need to happen with this member of staff.

We have of course also been supportive to the employee who has had physical sickness and anxiety and been signed off work with stress a couple of times too.

OP I too don’t want to teach you to suck eggs here, but as investigating manager, your role is vitally important and requires a thorough investigation into the detail. Getting these things wrong is costly and emotionally charged for all parties involved.

The accuser requires a thorough investigation and fair treatment but the accused requires the same fair treatment (innocent until proven guilty).

Have you ever done anything like this before? If not, I strongly recommend speaking to ACAS or a HR Consultant to give you a steer on the next steps.

A HRC will be able to review what you’ve investigated so far and advise on potential further investigations before closing off and handing over to the decision maker or, (and this was the first thing that I thought of when i read your post), that given the serious nature of the allegations (and your intial feelings that the accused is potentially guilty of B&H) if suspension of the accused is required? If you genuinely think at this stage the person is guilty of B&H then removing them temporarily from the business may be required (this will depend on your disciplinary and B&H policy)

In theory, you shouldn’t / can’t talk to the “decision maker” (next stage) about the investigation until you’ve concluded it so my advice would be to find an external unbiased person to guide you with this investigation who isn’t involved in any next steps.

It’ll be worth the invested money for this type of advice because getting these things wrong can be costly (time and money)

ACAS booklet - page 37 onwards regarding grievances

I think this manager is related to mine!

An HRC would be ideal!

Where could we access one? We are a charity committee-run organisation so funds are low and experience is limited. We have been utilising ACAS and our legal helpline as much as possible but I still feel we could really do with an expert to sit down and look at what we have done, and what we have ready to present the decision maker.

If you google HR consultant [your area] there’ll be a selection (avoid the advertised / sponsored ones).

It’ll likely be someone who’s a one person band in that area but they’ll know what they’re doing.

I can recommend a few people and depending on area they’d give advice on the phone or visit you.

Rate of pay is around £200-400+ a day but many will/can charge by the hour and rates will depend on their experience.

Definitely worth doing.

HRCs can be very cheap or very expensive! Just google or check LinkedIn for HRCs in your area and call them for a quote to help with the process.

Just a couple of pointers. Firstly, there shouldn’t really be two people investigating - there usually would only be one. It doesn’t hugely matter though. The person holding the grievance hearing needs to make a decision whether to uphold it or not. If there is clear evidence of bullying, they absolutely should uphold the grievance - they would be risking giving the bullied employee a constructive dismissal claim if they don’t.

Next - if the manager did bully the employee, you do not sack them straight away (although you could serve them notice if they have less than two years service).

You would have to go through a separate disciplinary process for that. The grievance evidence could form the basis for the disciplinary but you ideally need impartial people who haven’t had any involvement in the grievance to deal with any future disciplinary. So you need someone new to investigate, hold a hearing and someone else again to hear any appeal.

Also - if the manager is genuinely likely to have bullied the employee, she can be suspended on full pay pending the outcome of any disciplinary.

Goodness me this is staggering, this is frightening.

this is someone's life we are talking about !! Well, more than one. The grievance instigator. And the manager.

No one opens a grievance lightly.

OP's initial response to say most aren't found in their favour? Is victim blaming. And shocking.

Op says funds are low and not much experience?

in which case such people shouldn't be dealing with such a serious issue : a grievance is a big thing.

I find it absolutely frightening that the op is forced/ asked to deal with something that she has no clue about.

so very wrong.

It is scary to be dealing with it! It’s certainly not what I expected any of us would need to deal with when we signed up to the committee.

Before I even read the grievance I read around on line and so many websites said grievances are 99% not upheld But I am pretty certain this one will be. Or should be. The evidence is clear. Not that it’s my decision anyway.

What concerns me is the number of independent people required for each stage. We are a committee of volunteers and only a handful in number. I’m not sure where this can even go once we have all been used up as investigator, decision maker, appeal investigator, appeal decision maker.

I’m not sure there would be funds available to hire anyone external in. Not without impacting the setting and other staff.

I agree this is people’s lives and careers which is why it’s so daunting. Previous committee members have walked away and resigned as they simply didn’t want to deal with it (or the manager). I don’t want to walk away, because I feel both the manager and the employee will never be able to improve the situation without a lot of support. This has been going on for years (the formal grievance only this month though) and previous committees haven’t been proactive enough. We owe it to them to try our best.

But it is overwhelming. Really overwhelming.

Especially as we are parents and have to see these people each day.

This is definitely a weakness of a committee run setting. It’s luck of the draw who brings what experience to the committee. And whilst there helplines and the like, there is no HR or no Senior level to raise it with.

Believe me I have thought about resigning and walking away myself

What on earth is the point of having a policy if there is no chance it can be used to good effect? Why raise a grievance when you know you will fail 99% of the time? That's just wrong.

I was bullied unmercifully at work and raised a grievance. Management then told lie after lie after lie about me and I ended up losing my job and my health and it nearly cost me my marriage. I still suffer from PTSD. And I still didn't do anything wrong.

Don't let your complainant go through unnecessary hell. If they don't stand a chance of a fair hearing tell them now so they can quit before it damages them.

She is going through hell.

But if she quits, the manager ‘wins.’

The previous deputy manager was bullied out. Well, resigned because she didn’t know there wasn’t anything else she could do. As did two other staff members.

It’s not my decision but I really really think it needs to be upheld but I’m not sure anything short of dismissing the manager, or the manager realising the error of her ways and resigning, can heal the rift and make it a happy working environment again.

It does sound like that manager needs to go. Losing staff at that rate due to one person is a real problem as every time they succeed in getting rid of another one gives them more power to be more unpleasant.

Sorry for your dilemma, I know it's not easy. Hopefully the right thing to do will become very clear.

I would strongly advise you to look for a local HR consultant to help you OP. If this goes pear shaped it could cost you a lot more than their fees would be. As pp said, google small business HR support in your area to find some options, or if any of the committee members has any local business contacts, particularly local accountancy practice, they may be able to get a recommendation which is even better.

My business has consultants in several different areas so if you’d like to see if one of ‘mine’ is local to you let me know. One of them has a bit of a small charity specialism and another one has a couple of committee-run nursery clients, but of course neither may be near you and someone competent locally who can come in and see the committee would be the best bet. I’m sure there are lots nearby.

It’s been going on a couple of years and the grievance explains over 30 events where bullying and harassment have happened. None are jaw dropping horrible, or physical, but they are a clear repeated pattern of behaviour where this staff member is hurt, belittled, degraded, ignored, embarrassed etc

OP, please have some empathy here - asserting that "none are jaw dropping horrible, or physical" absolutely misses the point of this entire situation. Who are you to judge? Especially as you then go on to say the person was hurt, belittled, degraded, ignored, embarrassed

Please please pass this matter on to an HR expert, especially one who understands the nature of workplace bullying, because you clearly are out of your depth on this. Also you don't seem to know the distinction between bullying and harassment, another reason to get a professional involved.

Please don’t put words into my mouth.

I mean to say standing alone, none of the events would likely bring about any action. As a one off they could easily be swept aside. But it’s the repeated nature of them that are building a bigger picture of workplace bullying. I know this is causing someone a lot of upset and anxiety and we are trying our best to work through the motions.

I have already sent of some enquiries about an HR consultant locally. I genuinely don’t Know whether the preschool will be able to pay for their services or whether the committee will pay from their own pockets. Or whether it will just be me paying for them if the rest of the committee don’t agree with the need for external support.

But yes I am way out of my depth.

I would very much like an expert to deal with this. If nothing else, the (likely) upheld outcome would be more respected.

The manager already tells everyone I’m incompetent at sorting this out. She thinks I’m a joke.

This is not a patch on how the employee feels. Hence why I’m soldering on.

I am seeking what HR help is available.

OP, I think you’re way out of your depth here.

At the start of all this, I read that grievances are rarely upheld so was fully expecting this to go the same way

You already have preconceptions about how this process should go.
I’ve sat on hundreds of grievances and can assure you that you’re wrong in your assertion.

If the committee/treasurer can’t or won’t pay for HR consultant help as its taking funds directly from the children. We barely break even year on year so this could be a possibility.

What can we do?

Good grief the manager is having a go at you too!

For what it’s worth, I had preconceptions, and this entire process was new to me. But now I have more information, my views have completely changed.

And I will no longer believe everything google says.

PPs have mentioned ACAS but you haven't said whether or not you have consulted them. They are free. You really should/

The Acas helpline number is 0300 123 1100. It is available Monday to Friday 8am-6pm.

We have consulted with ACAS but whilst they are great at telling us what is required at each stage, I think we really need someone who is well-versed in decision making. And also an expert in handling what comes next.

If anything, the decision itself regarding the grievance is the small bit. It’s then the action taken against the manager (or not, and steps to resolve the matter). Both of these outcomes will be challenging in their own ways.

This is such a pile of poo.

Please don’t put words into my mouth.

I mean to say standing alone, none of the events would likely bring about any action. As a one off they could easily be swept aside. But it’s the repeated nature of them that are building a bigger picture of workplace bullying.

Look, I do recognise you've come on here for advice and support, and hopefully you feel people (including me) have given you useful, practical pointers to help move things forward. But please be aware:

• no two cases are ever the same (a point already well made). It sounds like your Google search was just to try and and make sense of what needs to happen, but your organisation is letting you down badly, and placing you personally in a position of considerable vulnerability if they've landed all this on you with no training, access to policies etc.

• the nature of bullying and harassment is that it is very often a dripping tap/boiling frog treatment, so those isolated incidents you mentioned are the hallmark of B&H, they are never a big deal in isolation, they must be viewed holistically and in context. Bullies are often clever, calculating monsters, who will cover their tracks by keeping those individual incidents just within the bounds of 'acceptability' when in fact they can cripple someone emotionally. They abuse their position of power and authority. Think about whether this could be the case with the manager in your organisation. Bullies don't have to physically hurt someone to do permanent lasting damage.