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

Silly girl needs to be given a hard NO.
Or you get yourself signed off with stress and they lose a good worker for her antics.

I was going to say the same as @Mariposistaaa.

Raise a counter-grievance plus a complaint against whoever has decided to not follow process and allow a second appeal

Then get yourself signed off because of stress at work

You really do need to file a formal grievance for bullying now.

She is using the process to punish you and your HR team are letting her.

Agree. She is a bully with a nasty chip on her shoulder and she will keep on making your life a misery until she is either stopped (if your managers have the balls to do that) or you can't take anymore. Your wellbeing takes priority here and your employers have a duty to safeguard you.
A second appeal is not allowed so why is she being allowed one.
I am a manager. I like to think I am very fair, but I do not have time to be dealing with petty 'he said, she said' with silly girls with less maturity than my Year 4 daughter. You are all there to work, not to make each other's lives difficult. She would be given a firm warning to back off if she worked for me and it would count against her in her annual appraisal.

I agree with others, but this was my thought.... HR are being unusually flexible, which suggests to me that they are doing avoidance - they are trying to show they have gone above and beyond as a defence against a legal claim. It isn't right or justified, but it is the most sensible explanation. Is there a reason she has taken against you, that you know of? Or is there something about her that makes a claim more likley to terrify them?

I will declare before I get savaged, that I have severe disabilities. You'll see why I said that in a second. A few years ago my (very large, public sector) employer had a blind employee who was bounced around departments like a yo-yo. The reason was very simple - he was rude, incompetant, and did whatever the F* he wanted to. And had been doing this for years. Every time a manager picked him up on it he put in a grievance, claimed disability discrimination, and HR bounced him to the next "recipient". Pretty much what you are describing - HR just let him get away with it, didn't follow policy and didn't support the managers, and all because he had a disability. It came "our turn" to inherit him and our director asked various managers to allocate him some work. We didn't know the history, so of course we stepped up. The pieces of work I allocated resulted, within 6 weeks, with complaints from multiple partners, no work done, etc etc. And I started formal processes... was told to drop them and said no. They had never come across "no" before - didn't know what to do. But because I refused to back down he resigned - and never brought the feared claim because he would never have won it.

I do wonder if there is a similar background here, and HR are running scared when they should just do their job?

There should not be a second appeal. Appeals are final. I’d be posting a grievance

If they don't expect the outcome to change, they are not helping this person either by setting up a third failure.

I would get my union involved (or consult acas) and put my reasons for refusing to cooperate with a third appeal in writing.

I too have been in this kind of situation. I wish I had been firmer.

You could offer to attend no-fault mediation, but I wouldn't have been willing to in my circs

I agree that it's time for a counter grievance on harassment and a complaint against HR for not following their own process. I suspect this will significantly reduce their desire to pander to her "distress". Seek your union's support if you have one.

Something similar happened in our organisation, and the root cause of it was a HR team terrified of upsetting someone who clearly had severe mental health issues. Because understandably, if you have any kind of inkling that a decision you might make may lead to someone harming themselves (or others) then it would naturally be very scary, especially to a less experienced/younger professional. HOWEVER. This is where you need to escalate within HR to get someone with a higher level of authority to chuck it out and make sure the person is dealt with appropriately. So awful for you OP, I really hope you get it sorted. The time it's taken them to sort it is SO unacceptable anyway!

Hear hear.

Raise a grievance against her and HR?

The process is the punishment. It's bloody stressful to be involved in these things, even when you know you haven't done anything. (Been there, done that, had the sleepless nights.) Agree with everyone else - speak to ACAS, speak to your union.

If you start a counter-grievance then that will need to be investigated, which is going to open the door to a re-investigation of the original allegations, and the whole thing could just go round and round ad infinitum.

Your HR people seem to be sadly lacking in empathy and basic intelligence if they don't understand how stressful a second appeal would be for you.

They have a procedure, and it's been followed and exhausted. As others have said, HR (and/or the managers hiding behind them) need to just say no. If she takes them to a tribunal then so be it.

Edited for typo.

Honestly if they allow this appeal and the policy is quite clear there's no appealing an appeal outcome, I'd take out a grievance against the organisation.

Regardless, I'd make a formal complaint about her using the grievance process to bully you. The only outcome she will accept is for it to be upheld isn't it. That's not how it works.

They can't indulge one employee at the expense of another's wellbeing like this. As it's having a toll on your MH, I'd be tempted to take a couple of weeks off sick to focus their minds and give yourself some respite.

Agree with PP, raise your own grievance against your colleague/company for bullying. If you have a union get them involved if they're not already and get signed off sick to allow you to get your head together

I’m on hold to ACAS now.

I don’t think she is edging for employment tribunal, she didn’t like me from the moment I stepped in the door. It’s not her first complaint against someone (also not upheld).

Ive gone home sick as of an hour ago

I think ACAS will be a good help here when you finally get hold of them.

Good for you. You need to take care of yourself and de-stress as best you can.

Keep us updated.

This happened a couple of years ago in my company, and I was interviewed as part of the investigation.

The person in question was clearly very unwell, but he was absolutely horrible and scary to work with, and did very little actual work.

I witnessed him throw a desk upside down, kick chairs over multiple times, slam doors almost every day, punched a computer, smashed a laptop, shouted in multiple peoples faces... I could go on.

HR obviously knew what his medical diagnosis was, we did not. HR was this obviously trying very hard to make adjustments for him, but in the end nobody would be in a room with him. His behaviour was 99% of the time directed at women. It went on for about 2 years.

From unofficial conversations I believe he was paid to leave. Myself and 2 other women were off work at various times with stress.

Personally - my opinion based on experience is as follows;

1. Get a copy of your Grievance and Appeals procedure and go through it piece by piece.

1. HR are not there to protect either of you. They're there to protect your employer. Unless they put it in writing then take anything verbally with a pinch of salt.

1. By all means consult your union. But remember she may also be consulting the union and hence it becomes a battle of who has got the better union rep!

1. ACAS is another good option. But bear in mind they're independent.

1. If or when it gets to the point where the complainant is causing you grief and your employer is pandering to them, it might be time to take action against one or both of them. If it gets to the point where you need to take legal action I can recommend a solicitor who helped my partner.

Good for you OP. Take as much time as you can (and want) and raise a formal counter-grievance for bullying. HR haven't followed their own process and that is appalling.

Appeal outcome is final. Can’t just appeal because she doesn’t like the Pitt one there needs to be actual grounds for it but she’s had her one and only appeal opportunity and it’s now sounding malicious towards you. Management need to tell her to stop or start disciplining

Just an update.

Shes been allowed to appeal due to “new information not gleaned during the original investigation”

My understanding is that proving constructive dismissal is nigh on impossible unless your terms have been changed.

So I lodge a counter-complaint against her? It just fuels the attention she seems to want surely?