Grievance

[Confusednewmum1]

I need some help and advice. During my pregnancy I was treated really badly, moved around and when I went on maternity leave I was totally isolated from everything work related. There has been a restructuring of the business and the unit I was part of is now stand alone and much smaller. I contacted to discuss returning to work and flexible working. I was flat declined no negotiation and told to take a shift, I raised a grievance about everything that had happened. I have had the outcome today and it’s mostly been not upheld apart from the isolation. The witness statements from other managers particularly the 2 which now run the smaller business unit I am part of contain absolute lies. Discussing meetings that took place that never happened, things that had been agreed. My behaviour saying I was in a rage and aggressive and painting me out to be some mad person. I submitted a sickline at the end of maternity leave hoping that my grievance would be upheld and I would be moved back to the previous business unit. However the hearing manager has recommended reconciliation. This won’t work, they have lied about me and won’t give me any flexible working options. What can I do? I’m stuck, all I want is to go back to work and get on with life and my career. I wish I never took the grievance, which was centred around procedures not people but they have lied. It’s meant that I can’t get away from them as their lies mean my grievance is not upheld and I can’t work for them after this. I love my job have 15 years service and have always worked really hard. I can’t stop crying all I want is to go back to work.

Firstly, well done for being brave enough to take the grievance. Do not regret it - they are very hard to win and if they have lied you couldn't possibly have known they would do that.

Can you look around for another job? Is it impossible for you to stay? Could you take some time off to think about things?

I can look for another job but I have a staff mortgage. I have also worked my way up so it’s likely that I would get a junior post so less money and a bigger mortgage. I just couldn’t manage it. I trusted them and don’t see what the gain from lying other than for me not to come back, but don’t see why they would want that. It’s the most awful thing I have ever been through.

Despite you taking out the Grievance, the hearing manager has recommended reconciliation, which is positive. If you want to stay in a company where you have a significant service history, plus staff mortgage, you need to take a pragmatic approach to this matter.

If you set aside the things they've said that you believe to be untrue, what do you actually want as an Outcome? What is your ask?

That I am simply moved business units, I have been treated unfairly and they have lied. It’s easy to say set that aside but they have waged a campaign against me and all I want is a fresh start.

If they can tell this amount of lies how do I know it won’t continue, I’m incredibly good at my job and I feel they could act to tarnish my reputation which means now way out other than leaving as I could end up unemployable

On the flexible working, have you made a formal request and have they given a reason (however vague) for refusal?

Would it be practical for the business for you to move to another unit, are there vacancies there?

Can you evidence that lies have been told about you? The problem with these situations is that much of it comes down to one person's word against another, and if they're colluding it makes their story more believable to the investigating manager. We believe you, but the investigator has to work on the balance of probabilities.

If you're incredibly good at your job, why would they try to harm the working relationship. Ask yourself why they would do that.

Grievances tend to trigger extreme responses, the minute you throw stuff at an employer, even if it's the truth, it causes them to lock down. They will go on the defensive.

When I said upthread to set aside them lying, I meant for the purposes of this thread, to focus on your ask, which you've clarified. In other words, don't be surprised if they go on the defensive, par for the course I'm afraid.

I can evidence their lies in that they all tell the same story, but with different detail eg.
A says B spoke to them
B says they and C, spoke to A
C says she spoke to D

B says they attempted to discuss a matter with me in June, I have a text in September saying sorry they forgot.

C says they text every few days, I have 1 text in 6 weeks

E says the had a meeting with me when and discussed X Y Z, I was already on maternity leave at that point and they were off sick for a period of time before that. So effectively E never managed me.

To your question about what can you do, if you disagree with the grievance outcome, there should be an Appeal process as part of their Grievance Policy. So you need to put in an Appeal.

In your Appeal focus on the aspects you don't agree with and again state that you wish to request flexible working, attach the form or document you (presumably) sent them originally on the FW arrangements you had proposed. Plus ask them to reconsider moving you to xyz Unit, giving a strong business reason why it is advantageous for the company to do this.

I would not advise you to go in too heavy handed in the Appeal about them lying (even if they did!). Move forward and focus on the facts otherwise it will get down into the weeds too much and could derail your 'ask' which is the move and the FW. It would keep the situation confrontational, rather than taking on board the recommendations of the hearing manager to try and focus on reconciliation. Don't prove their point that you're angry and a mad woman or whatever they said.

Show you are rational and can provide solutions not problems, and that you are upholding your side of the recommendation and see if they will keep to theirs.

I see nothing in your account that would give them any concern you could lodge a Claim for sex discrimination, even though the events happened when you were pg. So they aren't going to be in the least bit invested in trying to 'right the wrongs' as you see it. However if you've had a long career there, they could be willing to give you some of what you ask to retain your knowledge and experience in the business.

Whether you get your career back on track will depend on whether you can compromise and set aside their misdemeanours (as you see it). Relationships with employers can quickly sour if you are branded a trouble-maker and unwilling to see it from their perspective (even if they do very little to see it from yours). There is an imbalance of power, that's life, but you have a lot at stake re staff mortgage and career/income etc so a large slice of humble pie 🥧 can go a long way.

Thanks Daisychain, it’s so good to get another perspective. My worry is that the damage to my career has been done . The union on reflection are certainly driving for a more militant approach. I’ll definitely focus my appeal on the outcome being that I’m moved departments and why this is the best course of action.

Sadly, when dispute like this arises, it can only go a few ways.

Either you raise a grievance about one concrete matter that can be easily resolved with you suggesting how it can be. Matter solved.

Or the people reviewing your grievance agree you have been poorly treated, elevate you to where you believe you should be and give the ones who mistreated you a bollocking.

The last case which is sadly the most common situation. They don't value you as much as you think, would not miss you if you gave your notice, your grievance is just another headache for them that contribute to them thinking you are a pain they could do without.

Sadly it sounds like you might fit in the latter, and however unfair it might be, there isn't much you can do besides hoping they make a significant procedural error you can then use as a mean to frighten to go to court or do so.

Your best bet is either to accept their conditions, lay low and hope time allow all to move on and things get better or you need to look for another job.