Should I raise a grievance?

[InAMess2023]

Not sure of what to do here. For context, I love my team and I love my job, but I've been working on this level for ten years now, other than a couple of secondments at the next level up, and I'm ready to progress but opportunities in my field (I'm NHS but a very niche role) are few and far between and I want to make sure it's the right role for me.

A couple of years ago a sort of mini team/extension to our remit was brought in. At the time I was told the role would be perfect for me (and a grade higher) but then due to restructures there was someone in our team who was in redeployment so slotted in - really like that person and it was fine.

However last year someone else was randomly transferred into another of the same role from a different team in our organisation. The role wasn't advertised or even spoken about, she just suddenly appeared. Turns out she was moved because she didn't get on with her existing manager! Fair enough if it was a vacant role but they literally created a job for her - a job that I would have applied for and very likely got had I been given the opportunity.

It came to a head in a team meeting today as we've been told we may be restructured or moved into a team none of us want to work in. The person in question wasn't there but turns out she's not getting along with anyone in our team either. I raised the question as to why she was basically made a role for because of her behaviour and apparently was due to the health and wellbeing of the rest of her old team!

Our organisation seems to make a habit of taking people who are disruptive or underperforming and magicking them up a job elsewhere, sometimes even with a promotion! Yet I'm desperate to progress and been denied a fair opportunity.

Would you take this further at all? I'm just not sure as I adore my manager and it's not really his fault but I just feel it's been so unfair and on a wider scale needs to stop!

Thanks for reading if you got this far.

You are conflating two different issues. Your lack of progression (which isn't a grievance issue) and their inability to properly manage poorly performing staff (which isn't a grievance issue either).

What would your grievance be about?

@disappearingfish I've been prevented from progressing because they've moved someone into a job that would be my next logical role due to them not getting on with their manager?

@equinoxprocess I guess the fact that a role was created within our team without the opportunity for others to apply for it. I know someone else who would have been interested in that role as well had it been advertised.

I am not sure if it constitutes a 'grievance' but I would certainly raise these issues (in writing perhaps and hopefully a follow up meeting) so that you can hopefully resolve especially with a manager you get on with etc.

Unless you are suggesting you have already raised and nothing has been done - again maybe not a grievance but an escalation (conversation with manager plus HRBP or managers manager)

If the answer is that you didn't get these roles because you weren't performing etc that's a seperate conversation but maybe one that needs to happen so you meet whatever requirements and progress to whatever next stage you would like to

They can do that if they want. I can't imagine a grievance getting you very far. Are you thinking that if you kick up a fuss too they might do the same for you?

@Alwaystired2023 I would definitely have met the criteria at least for an interview if it had been advertised, Ive pretty much been doing the slightly more junior version of this job for over six years, and my manager even sold it as the perfect job for me to move into.

Because of it being NHS no one would ever usually be promoted automatically but would still need to apply (had the proper process been followed!)

You don't have a right of progression (as frustrating as that is, and contract dependent). Unless there's discrimination at play there is not much you can do.

@equinoxprocess no not at all, just that they don't keep doing it. I wouldn't want or expect them to do it for me as then id also have denied my colleagues an opportunity (not that any of them want it)

@HunterHearstHelmsley no I know that, I'm not saying it's any way discriminating against me, but to appoint to a role without an open and fair recruitment process seems wrong to me. Especially when it's due to someone being disruptive in their current team

@InAMess2023 I completely agree it doesn't sound fair and I would not be happy! You should absolutely raise and if within the NHS the normal way to do this is through a grievance then do that for sure - or maybe if you mention this to your manager it might spur them on to take your concerns seriously

My only question was 'is it technically a 'grievance' only because in my place of work I think it would be raised through another avenue - but it hardly matters it feels more important than you get to raise this issues and have some sort of resolution to feel happy at work

There's nothing illegal about recruiting into a role without advertising. They may have not followed their own policies but whether that is grounds for an individual grievance I very much doubt it. You can't possibly say you would be a dead cert if the job was advertised openly.

@disappearingfish not a dead cert but a lot more experienced in the relevant area that the person doing the job. It's the fact I never got the chance to even apply that's the issue

I understand, but it sounds like the job only exists because they had to put her somewhere.

I get it, it sucks, but you're better off putting your energy into positive, productive action. Are there any other jobs/teams/workplaces you could apply to?

@disappearingfish unfortunately not. I have an alert set for the 3 grades above me (don't want to move sideways away from the team) across the county I live in plus the nearest four counties (covering pretty much from the Scottish Borders down to Leeds) and the only jobs that seem to come up are ones I'm not qualified for - or that I could ever be eg HR, IT, finance, rather than experience I could gain

This does not sound normal. New posts in my little corner of the NHS are either advertised to a small group if a re-organisation technically puts someone at risk, advertised internally, or advertised externally. The advertising period can be short, but it’s extremely rare for a job to be created without advertising.

I have known a role and it’s occupant to be transferred to a different line manager though. Maybe that’s what has happened? Or her old role at the higher grade was being made redundant so she was slotted into the new role at the higher grade?

@SnakesAndArrows I guess she was moved under a different line manager but the job was completely different... it was from programme management to strategy development. Her old role was never filled

You could ignore this situation. I don’t think the grievance will go anywhere. Having followed that’s process in the NHS myself.

I would email or have a telephone call with the purpose in charge of the service. Saying you are really excited about the restructuring and you have been working in your skill set in the hope that xx (role that was created for your colleague) would become available and you would be prepared to apply to optimistic you would be successful.

Present your self as a solution to a problem. They filled a post with some who can’t full fill the JD, you can and remind them of that.

Also keep looking for other jobs and apply if something else comes up.

No, but do they have the right to fair recruitment of open rules? That’s a genuine question, I would be interested in the NHS guidelines for recruitment processes.