HR constantly harrassing an employee

[SusanNewmarket]

Hello, I am trying to help a colleague who is constantly being accused of nonsensical things by HR, who seem determined to want to sack/break her. It is getting to the point where I think a letter from a lawyer is required, but I wanted to sound out opinion here first.

The latest is that my friend made a joke about our security staff to a visitor in the course of a conversation ("oh, they might take you away and lock you up if we say anything about their uniform"). This is being construed as bringing them into disrepute.

The joke was overheard and reported by another employee there at the time. The other employee was called into a meeting about it, then later said to her that they had been called to a meeting "which was a real pain" (without divulging the reason for the meeting or anything about it). Because my friend asked innocently, "oh, what was a pain?"... this is being construed as "intimidation".

Is there no way that the tables can be turned and such accusations can themselves be construed as "intimidation", "bullying" or "harrasment"? The accused is under enough stress as it is, and I am genuinely convinced they are trying to "break" her... but what (crucially!) does the law say about this? Does anyone know? Or can HR departments just go on endless "fishing expeditions" with no consequences?

 

[JeffreyMills]

I’d be more concerned about the employee who overheard, reported it and then later said they were intimidated by the “pain” comment, than HR.
If this person is running to HR every five minutes with these tales, then HR has a duty to look into it - even if nothing comes of it.
Have you seen any formal paperwork relating to your colleague being “accused”, or are you just hearing about it from your friend?
There is certainly more to this. Why do you think HR are trying to “break” her?

 

[Paul Norman]

I’d be more concerned about the employee who overheard, reported it and then later said they were intimidated by the “pain” comment, than HR.
If this person is running to HR every five minutes with these tales, then HR has a duty to look into it - even if nothing comes of it.
Have you seen any formal paperwork relating to your colleague being “accused”, or are you just hearing about it from your friend?
There is certainly more to this. Why do you think HR are trying to “break” her?

Indeed. It sounds like a petty company full of petty people.

I would look for work elsewhere.

 

[Newchodge]

The joke was overheard and reported by another employee there at the time. The other employee was called into a meeting about it, then later said to her that they had been called to a meeting "which was a real pain" (without divulging the reason for the meeting or anything about it). Because my friend asked innocently, "oh, what was a pain?"... this is being construed as "intimidation".

HR can only construe this as intimidation if the other employee went straight back to them and complained. I would suggest that the problem may not be with HR, but with your friend's colleague(s).

 

[Gecko001]

When someone makes negative comments or jokes about the company he/she works for it can reflect badly on the person doing it but not mush more than that. However, when it is done when speaking to visitors, then I can see how it could be regarded as bringing the company into disrepute.

The person reporting the OP's friend for the comments to the visitor, is perhaps telling tales out of school and a bit of a company man/woman, but HR will probably have to act on the matter and the OP's friend will have to put up with the consequences, which will probably be nothing much more than a reminder not to make negative comments or jokes about the company to visitors.

If the OP's friend is frequently making negative jokes and comments about the firm he/she works for to colleagues and others, then she probably should be working for a different firm.

 

[SusanNewmarket]

Hello. Thanks for all the replies. Yes, I have seen the paperwork.

I think it is a deliberate campaign, because the HR department is always picking up on gossip and tittle-tattle against her. They start with that, then say there has been an "anonymous complaint" and can she substantiate it? This is clearly to actually try to get her to confess to a case when they have really no evidence! Like "there is an anonymous claim you were rude about your boss... know anything about it? It would be better if you confessed, then we can clear things up nicely and we are sure it will not be taken further...."!

Are such "fishing expeditions" legal? And is there any way to confront them? Like say this is defamation and so who is the source (but of course the answer will be: oh, they asked to remain anonymous!)?

 

[Eugene Hill]

Ask her to have a peaceful exit from the company. Ask her to serve her notice period properly. And look for a job else where! There is no point in staying there for any long because, it seems that they are petty minded people as someone above have rightly said.

 

[Mr D]

Hello. Thanks for all the replies. Yes, I have seen the paperwork.

I think it is a deliberate campaign, because the HR department is always picking up on gossip and tittle-tattle against her. They start with that, then say there has been an "anonymous complaint" and can she substantiate it? This is clearly to actually try to get her to confess to a case when they have really no evidence! Like "there is an anonymous claim you were rude about your boss... know anything about it? It would be better if you confessed, then we can clear things up nicely and we are sure it will not be taken further...."!

Are such "fishing expeditions" legal? And is there any way to confront them? Like say this is defamation and so who is the source (but of course the answer will be: oh, they asked to remain anonymous!)?

Would a HR department that never investigates any complaint be better?

 

[Mark T Jones]

From a different perspective, in a business large enough to have an HR department your friend has somehow come to their attention in a negative way

Putting aside the notion that they might pick out files at random to persecute someone my guess would be that she has draw. Their attention either through poor performance, ongoing behaviour or a specific singe incident

As a rule, the best way to overcome this is to do the opposite of what drew their attention

 

[JeffreyMills]

What paperwork is there? Is there a formal process ongoing?

 

[SusanNewmarket]

What paperwork is there? Is there a formal process ongoing?

Yes, they have moved onto the formal investigation process. But they have not been able to pin anything on her (I think, because there is no real weighty evidence). So they have said they are leaving it like that for now, but not closing the investigation, as they have to look around and keep it open in case a "pattern of behaviour" emerges.

 

[JeffreyMills]

So they received complaints, investigated them under a formal process, and they have now closed the process but will be alert in case of any further behaviour?

 

[SusanNewmarket]

No, the process is not closed. It has been left open, still hanging.

 

[fisicx]

She made a comment about the security staff which could be construed as bringing the company into disrepute (shows disrespect) and HR are concerned that this is indicative of a general poor attitude to wards the company and others. The process is still open because they want to monitor the situation.

What does your friend want to do? Does she want to stay with the company or does she want a new job? If it's the former she needs to make sure she says or does nothing that could lead to further investigations.

 

[JeffreyMills]

The paperwork says the formal investigation is still open?

 

[Chris Ashdown]

To be honest it sounds llike your friend is a moaner who does not like the company very much and has slaged it off once to often, and they would be well shot of them if they could prove it, if they have not done two full years of service they need to take great care in what they say in future and even if they have longer service
Seems like HR are doing a good job

 

[TheHRPlace]

Very unlikely that 'HR' has a vendetta. HR act for the business and for employees' welfare. If your friend is genuinely being harassed they need to raise a grievance through the company's procedure. However if they are being picked up on issues they have been involved in, that's a normal process.

 

[helper]

The company have a duty too take any conplaicom seriously, the one I work at had a sinisim incident, but a member of staff made a joke about a seucrity staff, whom we genuinely think played the system as he had told us before that he has made numerous claims against companies whether it was for family members tripping in snow etc. anyway what happened was he claimed that due too not being a direct employee of the first company whom he was a security gaurd the other perspp made joke of him he reported it but felt the main company didn't do enough too sort it out. I think they told that member of staff not to it again and 2nd or 3rd he got sacked but the security gaurd Still took them too court, due too them not following the exact guidlinesg about 3 kanagers got a roasting and a large mpaymebt was made too the security guard, ok they may have taken a few days too much but they removed the bully from the job but the judge decided they hadn't been fair too him due to not being a employee of the same company, I don't really think that was the case they probably wanted too just sort it out wihwith sacking people.

I would just advise you too tell your friend not too make smarty jokes or remarks does he really have to do that. Probably best for him not too do this.

 

[The Byre]

Anyone telling tales in our place gets short shrift from me.

Also, if someone has a grievance or feels that some process must be entered into (e.g. formal investigation/warning/whatever) they had better be sure it is REALLY necessary. Having a load of silly people arguing about who-said-what COSTS MONEY!

Just having a handful of people discussing something (Brexit, price of cheese, moaning about someone else's performance) for just quarter of an hour can cost about £100 in wasted wages. Costs for some formal procedure start at about £1,000. If employees had to find the money they waste in playing silly games out of their own budgets, they would think twice before flapping at the lip.

Again and again, I find myself telling businesses that they need to divide their companies up into individual profit islands - and yes, that includes HR. If they are daft enough to initiate some mad investigation, that should come out of their fixed HR budget.

You'd be surprised how the risk of a smaller pay-cheque at the end of the month (or just fewer paper clips) focuses minds and restores common sense!