Formal grievance or not

[ohw]

I have endured bullying and discrimination since a manager was appointed at work, without going into huge detail as this would be a very long post. They seem to be treating me unfavorably because I'm a woman and because I'm currently 5 months pregnant.

The straw that's broken the camels back is that I went for an internal position and they have given it to a less suitable candidate than me (they are less senior, they have less responsibilities, they don't work the hours specified in the job, they have less experience etc). This person is a man and I'm a pregnant woman, I can only assume I have been passed over because of the pregnancy. The company is only aware of the pregnancy because of unfavorable treatment this manager put me through previously. My union was involved with that and there is already a case open.

I have written a email that I can send to HR asking for a formal investigation and I'm aware that once this has started I can start a ACAS case with a view to take it to an employment tribunal should I get to this point within 3 months (the deadline although extends slightly once ACAS are involved).

I'm the first instance I will ask my Union what I should do. I guess my main reason for submitting the grievance is firstly because of the upset of being turned down for a job for a less qualified individual, but also because I don't know how much more of their poor treatment I can endure.

While formal grievances aren't supposed to go against an employee my concern is that they will protect this more important manager over me and with the pregnancy I need this job.

How long have you been there?

It shouldn’t have but I suspect you already having a grievance open about something else has influenced their view of you - I have no details of course, but perhaps they see you as trouble.

If you need the job and want to keep it longer term I would not raise a further grievance. If it was not for the pregnancy I would suggest looking for another job.

Been there 6 years no issue with anyone else never had formal or informal proceedings against me.

I think you need to ask for written feedback explaining why you did not get the position. The other person being less experienced doesn't mean anything really, they could still have been the better candidate.

You should raise a grievance.

A grievance should not mean you lose your job. Your employer should carry out a fair process, check they are following their grievance policy. Obviously you may wish to resign, but do not do this before seeking legal advice if you intent to go to a tribunal as constructive unfair dismissal can be very difficult/tricky to prove. Also worth seeking advice on limitation, and how long you have to submit your claim to a tribunal, don’t let the grievance process put you off, employers tend to drag these things out in the hope you’ll wait for the grievance outcome by which time the deadline for tribunal has passed.

It doesn’t matter how long you’ve been there, discrimination protection applies from day 1 of employment (Equality Act 2010).

Just from personal experience, a tribunal is probably the worst experience of my life and I experienced harassment and direct discrimination due to disability. Do not underestimate the amount of time and work and stress involved, the employer will try to screw you over in every way possible. As difficult as it is, it may be easier to just walk away especially as you’ll have a new baby to focus on.

Was the promotion judged based on your day to day activity or was it scored from an interview/assessment process?

@Nevermay the other person is much lower down in the career and doesn't have many of the qualifications all the other people in the position have which I do. I am sure they will score me poor in the interview as the person that has been bullying me brought up arguments they started with me months ago which took me off guard.

@BLT24 because I'm pregnant and due to go on maternity leave in a few months I can't resign unfortunately. I am stuck here. So I either resign myself to never getting promoted because of this person or speaking up. He is bullying many others as well unfortunately several have come to me in tears.

@FatAgainItsLettuceTime it was a cover letter, cv and one hour interview. If it wasn't judged from what someone does in the company the. I have no idea why the person brought up every disagreement they had ever had with me.

You can’t resign for financial reasons? I understand. My advice was just don’t ever resign without seeking advice first!

You should raise a grievance - let them investigate why this other person was given the job over you. Just be prepared for them to lie about it. They are not going to admit to discriminating against someone to protect themselves. Might make them act differently in future though but that doesn’t undo the hurt already caused.

Talk to your union first and foremost. Grievances are hard to prove, as is discrimination in interviews. You may have had more experience but did a worse interview.
If you have any documented or witnessed evidence of bullying/discrimination that will help a lot if you want to try and bring a case.
Good luck and sorry you've had a shit time.

Thanks I really don't know what to do after not getting any sleep I don't know if I should call in sick or if that will make me look worse. I have work that I can do today that doesn't involve talking to anyone or interacting with the person concerned. I have emailed my Union, because of a decision this person made a couple of months ago they already have a case open and I had already told them how this person treated me. I'm not sure when I'll get a response and what they will tell me to do.

@ohw did they actually bring up the arguments in the interview?

As an interviewed we judge based on the application, CV and interview. What people have or haven’t done outside the interview is not taken into account. This may be different in your industry.

@Sisterpita yes he brought up one argument and then basically asked me about it as if he didn't already know my opinion since we had gone back and forth about it. He backed me into a corner that I had no way out of. He also brought up a reasonable adjustment I have for a disability and said how would I manage without it in this role, but that would be against the law.

Was it just you and him in the interview @ohw?

@HundredMilesAnHour two others and one of them who didn't know about the history of the argument picked up the subject and went even further with it. Not realising how sensitive this subject was.

In that case I think you should be including the interview as part of your grievance (or raising it as a new grievance if this isn't possible) . Unless you think they'll deny what was said in the interview and cover for each other?

You have a significant level of protection as a pregnant woman and a disabled employee. I would see an employment solicitor. They cannot victimise you for bringing discrimination complaints.

@ohw wow, that is so unprofessional. The key question will be did he ask the other candidates the same question and we’re they pushed as far as the panel pushed you?

I do think a grievance covering everything from the bullying, change in treatment, interview etc. plus pregnancy. Go via your TU and put it all down as it is showing a pattern of behaviour. The other panel member may be a useful witness but may deny everything.

Thanks everyone, I have written about the interview but also the many instances of what is likely to be considered bullying, eg consistent criticism with no positive feedback individually and in front of others in a project that they admit has excellent outcomes, laughing when I speak etc. Unfortunately on the interview day I vomited a lot and it's happened since I found out who this job has gone to. I hadn't been vomiting before so it seems to be stress. And I'm worried about not being able to get food into me. I spoke to my senior and they told me to forget about it and not to bother, they always have my best interests at heart. I mean I don't know, I don't know what I'd achieve by doing this, I'm hoping it will at least show them I'm logging everything. I'm waiting on the Union to appoint someone to look at the document at the moment.

They clearly didn't want you in the role and put every blocker in your way including bringing an argument into the interview room, setting you up to fail.

unfortunately in this situation, there are things you can't change so you need to think about exactly what your desired outcome is. The relationship is soured, your colleague has been given the job and you're due to leave on maternity. Your employer could drag this whole situation out until your Mat leave and then your grievance with sit there festering in your absence. This is why women are so disadvantaged in the workplace, but you do need to work with your reality. You'll be focusing on your new family in the near term.

In your situation I'd keep your employment going, and during your Mat leave do a survey of the market in your field of expertise, just to see what's out there. Don't see this company as your long term future. Stay there long enough to use them as the bridge in your career to get something better in a new company who treat women better and value your contributions.

@daisychain01 thankyou for this it is really helpful, this pregnancy has been a long time coming and so work has had to be my whole sense of identity and where I get my rewards and sense of purpose. But I'm very aware that in the future my priorities will change and work will instead become a means to earn money as I will be able to enjoy life outside of work (I hope).

Priorities do change and shift through life @ohw thats understandable. Hopefully the break away from this ghastly situation that's ground your morale down can help to clear your head. In the future you can return to your career that bit more resilient and grow in a new role and get the promoted position and responsibility you're clearly ready for in a new company. It's really their loss.

That sounds awful and I would definitely take it further.

In terms of the promotion, I would focus more on how you were treated during the interview. I have offered less experienced candidates roles before as they had better behaviors and leadership abilities. It is much easier to put someone through technical training, additional qualifications etc then to develop or change their behavior - sometimes it is also about fit within a team. That doesn’t excuse their behavior within the interview and line of questioning - just be careful about using a “they are less experienced” argument as experience is one of many things taken into account.

@ohw you should prepare yourself mentally for the possibility that you will lose your job down the line. I know that isn't supposed to happen but it does and they can make this drag out for years.

Definately put your grievance in. The manager who was already under investigation shouldn't have been part of the interview. There was already obvious bias there and he shouldn't have been permitted to air his personal vendetta either. You weren't treated fairly or given the same level playing field as other candidates.

You may not have gotten the role anyway because you flubbed the interview but you'll never know for sure because your interview was used as a lash to punish you for complaining about the bullying manager.

Fight this all the way. Chase the union and you should also speak to ACAS.

@FartSock5000 I may have confused matters a bit, I contacted my union a few months ago because this person took away my reasonable adjustments, it was resolved internally without too much fuss. I hadn't brought up internally about the bullying and discrimination, it's just my union that is aware. It's not like this manager is retaliating for something that happened, they have just always treated me very badly and this is a common theme for the women they interact with, many come to me crying because of this. But nobody has raised anything formally yet, I would be the first.