Appealing a grievance outcome repeatedly

[Quiliyp]

A colleague put in a grievance about me around bullying and harassment. It went to formal investigation - all 14 incidents/points which they had raised I was cleared on. I was able to provide extensive written (email) evidence to show this had not happened or was being portrayed in a different light by my colleague. All witness statements/interviews also showed I was innocent and again her version of events was incorrect ie “Quillyp shouted at me” - Quillyp was actually talking in a normal tone of voice.

When the outcome letters were sent out colleague immediately appealed the outcome. The points she raised were investigated by another manager independent of the first investigation, again, I was cleared of any wrongdoing. Outcome letters have gone out again.

Ive now been informed she has appealed against this second outcome and wants the whole investigation redone. The policy does not allow for a second appeal but work are inclined to let her due to her “distress”

Frankly I’m quite distressed at the whole thing. It’s been going on for nearly 6 months now (supposed to be a 28 day process). It’s horrible - I was cleared and she will not let it go

Can you go to HR and let them know that this constant cycle is distressing to you?

Tell them, given that 2 investigations have cleared you, this seems like bullying , on her part, but also on those who pander to her ?

I don’t think I would be passive about this, but I would try to be calm.

Christ your HR or management team need to grow a pair and tell her “no”. I would tell them that if they agree to this you will be raising a grievance against her and them for bullying and harassment

Appeals are meant to be final. What are your HR playing at?

Yes quite ! If the process is that it's investigated twice and that's done then there's no reason to do a third. And I'd raise a grievance myself on the grounds that's really distressing and impactful on you.

She has exhausted the appeals process so the answer should be no. She can then take them to a tribunal if she has over two years service. Your employer needs to consult an HR lawyer if they don't understand the process. Happy 😁 to recommend

I have informed them of my distress and that I feel the policy is being used to bully me now

“we don’t expect the outcome to change, you don’t need to worry”

wtf???

Have they put that in writing?

Can you raise a grievance against her for using appeals to bully you?

Of course not, they can’t prejudice it

op, what’s the root cause here, why is she coming after you so hard?

Yes

“we don’t expect the outcome to change, you don’t need to worry”
Well they should not be conducting any appeal with an expectation of what the outcome will be

I think the issue is that 10 of the 14 “issues” aren’t even subjective, I either did them or I didn’t. And it’s been shown twice I either did or didn’t

ie - Quillyp has been obstructive around XYZ process. I then provided evidence to show XYZ process has been followed on each occasion within the company KPI. There’s nothing subjective about it. The evidence is there in black and white

Quillyp shouted at me - 4 other witnesses said I didn’t shout. I said I didn’t shout. The TEAMS recording shows I didn’t shout.

And on and on and on

Yes, and for HR failing to follow their own grievance procedure by allowing a further unwarranted appeal following the final appeal decision.

Then that’s an unacceptable process. You cannot carry out an appeal whilst already having decided the outcome.

Raise a counter grievance. The process is being abused and this person has raised their grievance in bad faith and dishonestly.

I had something similar happened to me. Again a 6 month process when it should be 28 days. After it being dragged out for so long, I ended up sick with the stress of it, used the paid time off to job hunt. My name was finally cleared and I then handed in my notice for a much better job.

"The policy does not allow for a second appeal" what is the point of the policy, if they're considering disregarding it & allowing a second appeal? Madness!

I absolutely agree with pp. Raise a counter grievance.
It is at best, preach of policy on the company's part and at worst, harassment.

I would also recommend calling ACAS. They can offer you some very good advice and support.

Why are they not telling her the process is done and there is no further right of appeal?

Going against their own policy’s by allowing a third process could be seen as constructive dismissal of you. Making it so hard for you to do your job.

why is this person so focussed on you? She sounds as though she needs to be managed. She sounds like a Cry Bully. I’ve seen many of them.

What are your union doing about this?

Please phone the ACAS helpline. It’s free expert advice. You don’t have to give any personal details if you don’t want to.

https://www.acas.org.uk/contact

A counter grievance is probably the way to go here for malicious targeting and bullying.

Good god. When are your HR team going to do their job properly?
I agree that you need to call ACAS and raise a grievance regarding bullying.

I had this when someone raised one about me, what are you worrying about it’s all rubbish and untrue. Well maybe but still quite stressful and unsettling, especially as I wasn’t allowed to see the grievance details in full. It’s so weighted in favour of the person alledging wrongdoing which I get but when it’s a vexatious grievance or trying to frustrate a capability process as in my case it’s not nice!

you have my sympathy, are you more senior than her, I was and expected to just “suck it up”. I’d now be making a real fuss though, she is taking the piss and they are allowing her to.

@Quiliyp do you think she may be wanting to take this to an employment tribunal at all?????