Help with Grievance

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Threepwood

Hi all,

I have worked for 4 years as a technical reporting manager for a large UK bank. My role is unique and I do not deal with customers so I (did) have plenty of flex working. I take a 45 min break in my shift to pick the kids up (I’m female, this matters I think) this was verbally agreed when I started and has never been an issue, nor am I the only person to do this.

A year ago my manager was made redundant and I was moved under a new female manager. Last Christmas I contracted covid and was left with one lung, a heart condition and reduced mobility. I am officially registered disabled.

New manager in September sends out a mail saying we need to be in the office weekly as a team (my team are unrelated to my role we just have the same manager) until 4pm. I reply saying I cannot, as I pick the kids up and I use this time as my occupational health recommendation to take some air in every afternoon. I then work late to ensure I’m on track with my reports (which no one reads! They just go in a folder for audit purposes!) I’m also not keen going into the office with no business need as I’m incredibly vulnerable and would be very ill indeed if I was to get covid again.

She does not like this and goes off on an email rant about how I need to be contactable (no one ever contacts me?!) during this ‘crucial’ 45 mins and that I am needed for a team meeting she has now moved from Monday afternoons to Thursdays at 3pm. The only point on the agenda was where to have the Christmas party! (I couldn’t attend in person in the end and she refused to include me on zoom. In that meeting she made everyone else sign a charter saying they commit to being in the office. Apparently it was signed on my behalf as I ‘couldn’t’ attend!) The rest of the team seem terrified of her but have confided in me they are unhappy putting their health at risk for pointless meetings.

She rings me on zoom a few days later and gives me a month to ‘sort my life out’ and not to even try asking for formal flexible working as she would decline it. She suggests I get my husband (who travels for work and is a key worker) to ask for flex working with his company. No child care has space in the area and I have no family in this county.

I am so upset at her constant nagging I ended up on medication for stress. I decided to give my three months notice as she said if I hadn’t got my life sorted out we’d need to have ‘a serious chat’. Luckily I managed to find another role in a company who accept my disability and are sending me the equipment to work from home from April.

When the work from home order came back in my boss constantly attempted to force and cajole the team into the office as ‘it’s quiet’ and ‘it would be so nice to see each other‘. When the team said they were uncomfortable with this she changed it to a zoom meeting despite telling me there was no option for that. I’ve since found out she’s moved the meeting as a one off to accommodate my male colleague’s childcare needs.

Over Christmas I lost a close family member. I had to tell my boss as I need time for the funeral. On that weeks team meeting on zoom she announced my loss to the team and I burst into tears. I have now been signed off until the end of my notice period. Despite that my manager actually sent me a what’s app to my personal phone asking me how I’m going to finish my workload. I’ve blocked her.

I raised a grievance with her manager (as is policy) who refused it as I said in it I felt I’d been discriminated against due to being disabled and a parent. He said it needed to go to HR. HR insisted I go though the complaint in detail and agreed to send it to an independent grievance manager. One entire month later and they’ve assigned it back to him to investigate even though he is my managers manager and obviously both prone to bias and involved. When complained and asked for an impartial grievance manager HR refused saying it made sense as he was technical- even though my grievance regards policy not my role.

I called ACAS who say really I can’t claim constructive dismissal until I’ve actually left (fair enough) and that it would be frowned upon if I didn’t proceed with the grievance- but this manager is part of the grievance (as my manager referred to having to speak to him many times when I quit) and he wants a list of all my evidence supporting the grievance 24 hrs before he even calls me to hear my complaint. I feel like my company is dragging their feet and trying to pre empt any legal actioni pursue. They’ve already told me when I leave there’s no obligation for them to take any action and yet If thet need further details they can ring me even after I’ve left which certainly doesn’t help my stress levels.

Can I refuse this clearly biased grievance hearing and what should I do in the 3 weeks before I leave, if anything?

(Sorry it’s so long)
 
You're only giving yourself more stress.
Draw a line and move on.
Try and enjoy the last few weeks in your current role and what time you have left with your colleagues.

This manager is managing her team as she sees fit. She's not interested in what was once the norm and is challenging the status quo for the benefit of the business.
Often, employees do not like change but they'll fall in line and get on with it.

Given the year you've had, you deserve enormous credit for realising this is no longer for you and moving on. And being offered a new job, thay should give your confidence a massive boost.
Focus on the future and put all this in the past.
 
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I would wait until an HR professional comes along to read this. I would suggest that your company is in breach of regulations regarding disabilities. In particular providing reasonable changes etc to cater for your disability. For example your occupational health recommendation.
 
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I would wait until an HR professional comes along to read this. I would suggest that your company is in breach of regulations regarding disabilities. In particular providing reasonable changes etc to cater for your disability. For example your occupational health recommendation.
The OT recommended a fresh air break in the afternoon. The OP has been taking a 45 minute break during core working hours... C'mon now..
 
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The OT recommended a fresh air break in the afternoon. The OP has been taking a 45 minute break during core working hours... C'mon now..
And your point being what?
This was agreed at the start and is actually pretty much a contract as it's been done for 4 years prior. OP has already made clear she isn't needed during this period and gets all the work done.

Also what the hell is "core working hours" these days?
 
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Hi all,

I have worked for 4 years as a technical reporting manager for a large UK bank. My role is unique and I do not deal with customers so I (did) have plenty of flex working. I take a 45 min break in my shift to pick the kids up (I’m female, this matters I think) this was verbally agreed when I started and has never been an issue, nor am I the only person to do this.

A year ago my manager was made redundant and I was moved under a new female manager. Last Christmas I contracted covid and was left with one lung, a heart condition and reduced mobility. I am officially registered disabled.

New manager in September sends out a mail saying we need to be in the office weekly as a team (my team are unrelated to my role we just have the same manager) until 4pm. I reply saying I cannot, as I pick the kids up and I use this time as my occupational health recommendation to take some air in every afternoon. I then work late to ensure I’m on track with my reports (which no one reads! They just go in a folder for audit purposes!) I’m also not keen going into the office with no business need as I’m incredibly vulnerable and would be very ill indeed if I was to get covid again.

She does not like this and goes off on an email rant about how I need to be contactable (no one ever contacts me?!) during this ‘crucial’ 45 mins and that I am needed for a team meeting she has now moved from Monday afternoons to Thursdays at 3pm. The only point on the agenda was where to have the Christmas party! (I couldn’t attend in person in the end and she refused to include me on zoom. In that meeting she made everyone else sign a charter saying they commit to being in the office. Apparently it was signed on my behalf as I ‘couldn’t’ attend!) The rest of the team seem terrified of her but have confided in me they are unhappy putting their health at risk for pointless meetings.

She rings me on zoom a few days later and gives me a month to ‘sort my life out’ and not to even try asking for formal flexible working as she would decline it. She suggests I get my husband (who travels for work and is a key worker) to ask for flex working with his company. No child care has space in the area and I have no family in this county.

I am so upset at her constant nagging I ended up on medication for stress. I decided to give my three months notice as she said if I hadn’t got my life sorted out we’d need to have ‘a serious chat’. Luckily I managed to find another role in a company who accept my disability and are sending me the equipment to work from home from April.

When the work from home order came back in my boss constantly attempted to force and cajole the team into the office as ‘it’s quiet’ and ‘it would be so nice to see each other‘. When the team said they were uncomfortable with this she changed it to a zoom meeting despite telling me there was no option for that. I’ve since found out she’s moved the meeting as a one off to accommodate my male colleague’s childcare needs.

Over Christmas I lost a close family member. I had to tell my boss as I need time for the funeral. On that weeks team meeting on zoom she announced my loss to the team and I burst into tears. I have now been signed off until the end of my notice period. Despite that my manager actually sent me a what’s app to my personal phone asking me how I’m going to finish my workload. I’ve blocked her.

I raised a grievance with her manager (as is policy) who refused it as I said in it I felt I’d been discriminated against due to being disabled and a parent. He said it needed to go to HR. HR insisted I go though the complaint in detail and agreed to send it to an independent grievance manager. One entire month later and they’ve assigned it back to him to investigate even though he is my managers manager and obviously both prone to bias and involved. When complained and asked for an impartial grievance manager HR refused saying it made sense as he was technical- even though my grievance regards policy not my role.

I called ACAS who say really I can’t claim constructive dismissal until I’ve actually left (fair enough) and that it would be frowned upon if I didn’t proceed with the grievance- but this manager is part of the grievance (as my manager referred to having to speak to him many times when I quit) and he wants a list of all my evidence supporting the grievance 24 hrs before he even calls me to hear my complaint. I feel like my company is dragging their feet and trying to pre empt any legal actioni pursue. They’ve already told me when I leave there’s no obligation for them to take any action and yet If thet need further details they can ring me even after I’ve left which certainly doesn’t help my stress levels.

Can I refuse this clearly biased grievance hearing and what should I do in the 3 weeks before I leave, if anything?

(Sorry it’s so long)
Refusing the grievance would go against you if you take a constructive dismissal claim (which is, in any event, the hardest claim to win of them all). I would go ahead with it and use their unreasonableness in setting it up as evidence of their ill will. Incidentally you appear to have possible sex and disability discrimination claims as well. Don't forget those!
 
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Just read 'no family in this country' there may also be a race discrimination claim involved. Discrimination claims have tight deadlines. Talk to ACAS about pre-conciliation asap.
 
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And your point being what?
This was agreed at the start and is actually pretty much a contract as it's been done for 4 years prior. OP has already made clear she isn't needed during this period and gets all the work done.

Also what the hell is "core working hours" these days?

A verbal agreed by someone no longer working for the company.
The OP has moved teams and has a different manager who has told her that she is required at specific times. She can't get preferential treatment just because she is a female.

And core hours in a bank would be 9to5.
 
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As a disabled person myself I can say I agree with you OP. What was agreed with work, what is not being investigated at work....
You are much better off with a company that can allow you to work from home and get the best out of you that the previous one no longer could.

From a business point of view it can be beneficial to get employees in the office, involved with one another, passing on knowledge / training etc. From a practical point of view it can be hard for the individual. By the sound of it the company has not ever made a decision about you. The new manager has - and can see where she is coming from. The company needed to make an evaluation and change whatever is practical in terms of your disabilities. Done properly the manager wouldn't have a leg to stand on (if you'll pardon the disabled joke).
Most companies will bend over backwards to cater to changes a disabled person needs. Can't always do full changes, it comes down to what is reasonable.
For instance someone with walking and stairs problems working on the ground floor is good, working on 13th floor not so good (fire or power out risk).

Move on, don't let this manager cause you stress.
 
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Does that matter? Surely the implied contract is with the company, not the individual in question, since they were acting as an authorised agent of the company.
It does matter in this case.
There was nothing in writing. Had there been then a consultation process would have taken place.
The original manager who was willing to be flexible was made redundant and the OP is now in a different department with a different manager and new expectations.

I credit the OP for securing a new job given the past 18 months they have had.
But attempting to take this further would not be advisable.

Make your feelings known in your exit interview and leave it there.
 
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Does that matter? Surely the implied contract is with the company, not the individual in question, since they were acting as an authorised agent of the company.
There is precedence but nothing in writing. The private agreement was with someone no longer with the company. For all we know the employee could have been relying on the goodwill of the manager and keeping everything quiet.

I had exactly the same when I was contracting. I moved to new department and had to now abide by a new set of rules.

That being said they can't just refuse flexible work without due process:

 
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I had exactly the same when I was contracting. I moved to new department and had to now abide by a new set of rules.
But you were contracting. The OP is an employee and very clearly has the contractual right to the flexibility her employers have agreed with her ove rthe past 4 years.
 
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But you were contracting. The OP is an employee and very clearly has the contractual right to the flexibility her employers have agreed with her ove rthe past 4 years.
No. One manager agreed. There is nothing to suggest this was a documented and formal agreement.
 
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No. One manager agreed. There is nothing to suggest this was a documented and formal agreement.
Yes. It was agreed and put into practice for 4 years. That makes it contractual through custom and practice. A contract does not have to be documented or formal.
 
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