Raising a grievance

[Gobbins]

I've worked for the same company for almost 25 years rising through the ranks to be a senior manager with a modest salary, a variable annual bonus depending on how well the company and I have performed and time released shares to retain me for 5 years at a time ( eg 100 shares given out as 20 shares per year for 5 years).

My appraisals have always been good and I've never had any disciplinaries, nor more than a day or two off sick each year etc. I enjoyed my job and had no intention of ever leaving until a change of upper management. Over a year it went from a happy place to work where teams worked together, to a place where a clique formed and there was no collaboration. The clique are 'empire building' and manipulate data and situations to make them appear brilliant and work together to set others up. They are also all male. 8 people have left already this year because of their approach.

Fast forward to January this year and without any consultation and with only 1 days notice, my team of 40 were split so that 35 moved to be under the management of one of the clique (despite having no issues with my team's results) leaving me with a team of just 5 and an ultimatum to manage a very different team that would involve unsociable hours- weekend and evenings- and where 4 previous managers left due to the huge issues including inadequately trained staff, poor staff recruitment and retention, intimidation between colleagues within that team and not following basic safety advice. I said I would consider the role if provided with the resources to make the required changes and an increase in salary to reflect the new difficulties and managing around 120 people as well as more hours/ unsociable hours. I was laughed at and told absolutely no and that I either took it or leave. I knew I was being set up to fail. After I said no the clique did not speak to me for weeks and no matter what I did it was criticised.

My view was that I was being pushed into a no win situation so the clique could encorporate my well oiled team into theirs to expand their role/ salary. Not to drip feed but the clique all socialise and meet outside of work on a weekly and share a hobby and have WhatsApp gossip group chats etc, Management know about this and join in so this behaviour will not change (think ladish rugby drinking type stuff).

I was distraught and wanted to resign immediately but having a mortgage and 2 little girls still at school and being the main earner (husband on minimum wage), meant I had to keep going even though it took its toll on my mh. Thankfully I have now secured a new job. It's further away from my home so will make school pick ups impossible, I can't wfh at all (previously could do 1-2 days pw), I will lose all the built up share options totalling over £20,000 & will be starting from scratch in terms of building up entitlement to additional leave, sick leave, redundancy etc,

I would like to hear others opinions of what I should do. I would really like to walk away with the value of the shares (this years and the next 4 years not yet available) as these were awarded due to the quality of my previous work and to stop me moving elsewhere. The shares are currently worth a total of £20,000 as the share price is very low and ideally I would not have cashed them in until the price had increased making the shares worth £40,000 + I had hoped to be able to use them to pay some off my mortgage, top up my pension and put some in savings for if my girls went to university. I can't discretely find any grievance procedures on my company's intranet (but will ask HR- one of who is having an affair with a member of the clique) and I don't want to potentially affect any references for my new employers.

The shares are the only savings I have. Do I take out a formal or informal grievance? Do I go for constructive dismissal? Has anyone been in a similar position and can offer any advice- thanks -and please be kind as this has been an awful experience where I really thought I would lose our home/sanity. I can't see the point in raising the issues of bullying but I can easily evidence the disintegration of my role not because there was no need but due to restructuring which happened without any consultation. The team I managed still do exactly the same role and use the procedures I implemented.

I am a bit confused with the bit about asking for a pay rise to reflect new responsibilities managing 120 people but just above you said your team was reduced to five? It might be worth clarifying that point as it seems relevant to your salary increase request. Also what is the timing? Did you start the new role?

Whatever you choose to do, check your home insurance, it may well have legal cover for employment issues, and you might be able to get some advice. Constructive dismissal is very tricky to win but it does happen. But I wouldn't embark on that journey without solid advice first. Good luck though it sounds like a nightmare situation.

Are you in a union? If not, contact ACAS.

Constructive unfair dismissal is almost impossible to prove, and you have to show that you completed the entire grievance procedure- and that you didn't implicitly agree to anything by continuing to work under the changes, and that they had no right to make the changes. Which is a very high bar.

Shares are shares. They can go up or down. In any situation. You have no claim against what you might think they might be worth one day.

Honestly, in your situation, you hate your employer now, you have an offer - I'd walk. Your new employer, if they want you enough, might negotiate on some of the terms.

Thanks so so much for everyone's thoughts- it really helps to get some perspective.

Apologies if not clear but the 120 referered to the alternative but impossible position I was offered (& declined) when my team was restructured leaving me with just 5 left.

It sounds like a very unpleasant situation but given that you've found a new external job, your options are very limited. Yes, you could raise a grievance but to what purpose if you've already accepted another job? Are you just considering it because you hope they will negotiate with you so you can get a pay-off? (They won't).

By resigning to move to a new external job, you lose any negotiating power you might have had. You're not entitled to the shares because you're leaving. Yes, you feel pushed out and it sounds like you've had a torrid time but it is your decision to leave. The share options are a reward for staying but you're not staying. You can't have it both ways. I know you feel that you have been pushed out but unless you can prove that they've breached employment law (by discriminating against you etc), you don't have a case to argue. They will just say restructuring/re-organisation etc and from what you've said, nothing has been personally directed against you (and them offering you another role could be offered as evidence that they weren't trying to push you out).

If you didn't have any job already lined up, I would have suggested you try the grievance route. But you're leaving anyway so I think you should just try and put all this behind you and look forward to a fresh start elsewhere. Try not to let this unpleasantness taint how you feel about your new job.

(My former boss and I went through something similar when a new management team took over our division - it was horrendous, utterly soul-destroying and I felt like I lost all faith in humanity - it also meant I ended up leaving the job that I was happiest ever in, couldn't find work for 18 months, and screwed my finances so badly that I was on the verge of losing everything. I'm still fighting to get back to where I used to be but the only way is to look forwards rather than backwards and try not to dwell on what you feel you've lost).