Redundancy Ahead - Do I get in first with a Grievance?

[MeanIsTheNewGreen]

Long story short, my manager has been bullying me for the last year. I have tried and tried to build bridges and turn it around but as is often the case nothing has changed.

I documented some of the issues in my performance review knowing that HR could treat it as a grievance but felt the time had come to get it documented as it has mostly been verbal so far. HR are aware of my comments but haven’t reacted or approached me at all.

I have come to learn that I am going to be told my role has been made redundant. The source of this info is reliable and would have visibility to the decision so I am confident it is correct. I have been expecting this but before I go I do want to try and get my manager’s bullying behaviour documented and investigated otherwise this goes away for him when my role is eliminated and I would like it on the record.

Should I raise the issues documented in my performance review now as a formal grievance before (surprise!) I hear my role will be made redundant so they have to be investigated? Or can they still sweep it under the carpet and just wave me goodbye?

What should I do?

I’d be reluctant to burn any bridges before you’ve got a reference

HR will do anything to protect the company , that probably includes your boss.

I’m not worried about a reference. I don’t need one from my current employer for my next role.

I’m more concerned with getting the bullying formerly on the record now as I feel any redundancy would be inevitably linked to it. And helps start a discussion about whether the redundancy could be unfair.

i know it won’t change the outcome but might change the settlement and would get the bullying behaviour on my manager’s record

Your role is being made redundant- are you or is there another role so you individually won’t be redundant?

Have you already got a new job as you say you don’t need a reference?
These would influence how I take any grievance. I am not a lawyer so don’t know whether grievances are disclosed to new employers. You may not need a new reference but would a bad one be a problem?

My manager has been bullying me for a year, spinning a false narrative not based on facts or reality and behaving appallingly 1 to 1. I’m a reasonably senior manager and have seen this type of thing lots of time and know it ends with a ‘redundancy’ 9 times out of 10. So I have been investing some time in planning for this outcome. I can’t say much more on this as I don’t want my employer to know about it but basically I have another role outside of the company to go to when this has all played out.

But if I leave without raising the bullying it never gets recorded on my manager’s record and he just moves on to the next person. Plus how can my selection for redundancy be fair and objective if I am being bullied? That’s why I want to understand if raising a grievance now is the right thing to do.

[post edited by MNHQ at poster's request]

Would you not be best to wait for an official outcome so you have you package on paper before raising a grievance?

It’s unusual to go straight to a formal grievance without an informal process first. Have you raised any of your concerns with another manager, your union or another appropriate colleague?

I’m not sure I would @cryinginthechapel If I do it now, the redundancy has to be looked at in the context of the bullying (I think). And hopefully the bullying allegation has to be addressed first. But that’s really why I have posted here - to get other points of view.

I have raised informally with another manager and HR and then in writing in my performance review. There are no unions.

Who makes the decision in redundancies, your manager or the company?

My manager

Take the redundancy, then be brutually honest about your manager in your exit interview.

During your notice period, you can say what you like about them to colleagues. Much easier than a grievance.

Thanks @Ineedpeaceandquiet

I know that would be the least stressful route.

But then the bully gets away with nothing on his record and is free to move on to the next victim. Which just feels wrong. If nobody raises it formally it will never stop. And once the redundancy decision is made it will be perceived as sour grapes on my part and will not be taken seriously.

Grievance first. If you raise it after the redundancy conversation it just looks retaliatory and whilst they’d have to investigate it, it just looks delaying.

If you know it ends in settlement raise the grievance now. Then when the redundancy conversation happens you can point out to them it’s victimisation for you raising it and increase the offer.

Good luck and you have to play them at their own game to maximise the offer.

Thank you @FlappyFish That’s my thinking too.

Do a grievance, I regret not doing this with my bullying manager.

Yes @bowlingalleyblues I think if I went quietly after enduring the crappy and childish behaviour for a year without trying to get it on the record, I would regret it too. Thank you!

I think it depends what you're trying to achieve...

At a very simplified level raising a grievance will make it harder for them to make you redundant until that's been fully dealt with and may therefore string out the process somewhat but may not change the overall decision to do so, and could make them less generous with their package when they do.

Do you have any transparency to whether packages are statutory or enhanced?

If you want to buy yourself some time to find another job, a grievance could be helpful. If you just want to get it on the record because you think your boss shouldn't get away with it...there's every chance it will make no difference and cause you a lot of stress. If you're only going to get a statutory package and you don't need a reference maybe nothing to lose. I would think through likely worst case outcomes and best case outcomes, and weigh the risks and benefits as best you can predict them.

At the first consultation, raise your concerns about bullying [which you are concerned might have had a part of play in your selection] and you might find they are keen to have a without prejudice conversation so you can agree a package and settlement agreement. Might be an opportunity to get a deal if you can accept you will be leaving. Those concerned about references, most companies only confirm dates of employment and job titles these days and if you get a settlement agreement then you can agree the reference as part of that.

Thank you @OnlyOneAdda that is sound advice.

I have nothing to lose and don’t see why this should be made easy. Redundacy payouts I am aware of have all been statutory amounts only.

Thank you @ThirdStorm

How long ago was the performance review?

@TonerNeedsReplacing I documented my comments in December.

I think that's too late. If it won't impact on OP's future career I think she should go ahead with a formal grievance.

I think you’d feel better raising a grievance so do that. Raise it asap. Bullies deserve it.

You should look at the grievance policy. Last time I looked at one at a former employer, grievances about performance reviews/gradings had to be brought in quite a short window.

I appreciate there is more to this than just the review but you need to make sure you frame any grievance in a way that they can’t easily kick out procedurally