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Going forward with a grievance?


Jellybean9

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Hey Guys!

 

Just me again!

 

So from my previous post I have been actively interviewing.

 

Despite loving the company I work for my line manager has made it unbearable to stay. Yes I know not everyone gets on with their manager but this went beyond your simple office issues.

 

I've worked in some awful places before but have never been made to feel like this which pushed me to breaking point.

 

I took the plunge to hand in my resignation last week. The plan was to walk away and wash my hands from the place and not look back.

 

It was risky but I have saved money to get me by until I get a new job as my happiness is more important right now.

 

The massive problem was dealing with the issue with my line manager is the fact I work in HR.

 

Our current protocol is if you are having an "issue" in work you talk to your line manager....

 

If your line manager is the "issue" then you talk to the head of HR.

 

My line manager was away on annual leave. I decided to finally open up to the head of HR. She dismissed all I was saying in that meeting. We run out of time in the meeting and that was that. It was difficult as she thinks highly of my line manager.

 

After this other issues followed which ultimately led to me handing in my resignation. Within my letter I outlined my reasons for leaving.

 

I never planned on filing a formal grievance as I am leaving so felt it would serve no purpose. I just thought it would go on record and if any other employee was to flag this in the future; at least it would be there for them to refernce from my resignation letter and from me expanding on those points in my exit interview.

 

Following this the head of HR suggested I file a grievance which was following protocol. I still have not put my grievence in writing yet so is not official yet.

 

I have now been put on Garden Leave and no longer able to work my notice period.

 

Any advice on going forward please. I've never been in this situation while in employment. I'm confused as to what to do next.

 

I have received advice from others to go forward with filing the grievance but I'm still not sure.

 

Thanks in advance guys :)

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You do realize that future companies often ask your previous HR for a copy of your resignation letter, no? Anything you put in writing will follow you. They will also speak with your HR dept. to determine if you are a "problem" or if you had problems with other employees.

 

Even if you resigned from Hell on Earth, always leave on a professional note. Everything follows you. Everything. Your departure should be as professional and smooth as if your future employer were there hearing and seeing everything.

After this other issues followed which ultimately led to me handing in my resignation. Within my letter I outlined my reasons for leaving.

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Luckily our company policy is to only give basic references for ex-employees. So we state duration of service and salary. Nothing more based on character or previous experience. Tends to be the case in most major companies here.

 

So even if an employer was to ask for resignation letters we are unable to give them out due to company policy. I know polices changed but it has remained the same for a significant amount of time.

 

I did follow protocol as you are meant to make raise an informal grievance with your line manager before things in writing. Obviously I couldn't as they was the problem.

 

The head of HR had been out of the office majority of summer as she was on leave. Then during the whole of September due to post surgery sickness. This left no one else to talk to apart from the director.

 

Now that felt like a step too far which is why I waited to raise the issue informally with the head of HR.

 

The only acting person acting as head of HR during her absence was my line manager.

 

So this left me with barely any options.

 

It has been an ongoing issue since I joined the department in March. I've worked for for the company prior to transitioning but a different department.

 

The issues with my line manager was very sensitive and not an issue I could address with her.

 

This is why I arranged the meeting with the Head of HR on her return.

 

It was something I had been dreading to do but took the opportunity of my manager bein on leave to address it.

 

I had mentioned how I feel I have not been supported by my manager and before I could go any further head of HR said it was nonsense and brushed it under the carpet. We ran out of time in the meeting and she never mentioned a way of resolving any issues as she never let me explain.

 

I haven't had an anxiety attack before. But litterally got in a bad way and following that saw the doctor who signed me off on sick leave. Shocked as never have I been in a situation like this. Despite experiencing a lot worst.

 

During my sick leave I had to go into work as I had left something at my desk.

 

By which time I was pulled into a meeting room by the head of HR. Which is against protocol and technically I am sick and they were in breach on their duty of care to me.

 

Only to reference my work as being "s***" which is not the case. As they had to make up all the mess I had created.

 

I work beyond my standard working hours. Literally there is no more I can physically do not that role.

 

Even when by law I shouldn't have been working while signed off I went back after my doctor's appointment and continued so things were all ready for my cover on Monday.

 

Anyway when back in the office and the head.of HR was insulting my work. I tried to mention issues with my manager again which she dismissed.

 

That made me feel incredibly worst then my doctor signed me off a little longer. I feel so weak for even being signed off. I was ready to face work by ended up back at square one!

 

Arguably I should have filed the formal grievance and follow protocol.

 

I knew if I was to be open about the issues with my manager there was no way I could continue to work for the department any more.

 

Which is devestating as I genuinely love my company.

 

So I decided to hand in my notice. I referenced the reason I was leaving on those grounds. I didn't mention wanting to action formal grievance. Didn't go into detail of what my line manager has been doing since I've joined.

 

I have read many letters of resignation with this company. People put a brief reason why they are leaving. I did the same. Thought if they wanted to discuss it further we had the exit interview. As I log all exit interviews it is a time for soon to be ex-employees to state why they are leaving and any issues they had. Which I would have done without actioning.

 

The head of HR took my resignation letter as me wanting to file a formal grievance. At the time I hadn't wanted to so asked for some time to think about.

 

So here I am thinking.

 

I am not a trouble starter so feel I shouldn't continue down this path.

 

That said majority of people around me are saying I should. Even the citizen advice helplines.

 

I'm stuck at a crossroad!

 

Sorry for the essay guys.

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It doesn't matter what the procedure is as far as dates of employment because typically it's a small world and somehow word gets out -sometimes it's done carefully and subtly and sometimes it's obvious that there isn't a good reference when nothing is said other than dates of employment. People who want to help their former employees get a new job find a way to do so using loopholes in the current law/procedure.

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This was my fear of going down any formalities.

 

As I want to be able to move on and forget about that place.

 

I'm out of work and wanted to focus on getting a break job.

 

A family member who works for HR at one of the countries leading government bodies has encouraged going forward.

 

Speaking to other employment professionals they have suggested grounds of Constructive Dismissal and Racial Discrimination.

 

All seems very serious for me! So this is why I'm not sure how to handle it.

 

The ball as almost started rolling.

 

But I don't want to tarnish my name for future employment either.

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What evidence do you have of racial discrimination?

 

A lot of people, including some on here, are quick to suggest fighting whatever hyperbolic good fight they see in it when it's not them investing the energy and burden. I'd be careful taking such advice too seriously as it's coming from people who have no personal stake. Everyone enjoys a bit of drama when it's someone else's.

 

If you think you've got a case, cut to the chase and schedule a consultation. Otherwise, it's probably best to not give your company or any of those within it any motivation to go beyond the duration of service / salary protocol. It's not because companies can't that they don't, but that they typically don't have any reason to care even a little bit to risk a tiny chance of committing defamation. Give them a reason to care, and that may change. And, piggybacking off Batya, in the case of a resignation letter, that's not even having to jump through legal hoops. They're your own words. I think you'll find it difficult to find employers who will take you seriously if they're being offered your resignation letter containing a list of gripes.

 

Personally? I'd probably bow out gracefully. Then again, you're pretty vague about your grievances, so I have no idea if you do in fact have any practical cause to pursue extra measures. At the end of the day, you know your life better than any of us, including which battles are worth whatever amount of headache.

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Unfortunately it sounds like you made some enemies and several superiors thought your work was substandard and your complaints were baseless.. All that and trying to find a job while unemployed could make finding a new job and your life difficult. Hopefully you live with your parents who can support you for a quite a while.

I had mentioned how I feel I have not been supported by my manager and before I could go any further head of HR said it was nonsense. Only to reference my work as being "s***" which is not the case. As they had to make up all the mess I had created. So I decided to hand in my notice. I referenced the reason I was leaving on those grounds.
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This was the guy who kept sexually harassing you? File the harassment form. It might not lead to anything, but, hey, maybe it might. You're leaving anyway, so why not file it.

 

Maybe you have me confused. It wasn't sexual harrassment.

 

She breached so many things like invasion of privacy and then the racial comments I have no written proof of sadly so I'm too scared to push for that.

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It's important to keep in mind that your company will document everything including your substandard performance and difficulty getting along with people. The reason they do this is to defend themselves against false discrimination and harassment claims filed by disgruntled employees.

 

They most likely also have a well paid corporate/employment attorney on retainer who may review your complaints and advise them how to deal with you fairly and legally. It is interesting that they have decided to put you on garden leave, instructing you to stay away from work, which is often used to avoid sloppy work or sabotage by disaffected employees. It sounds like your provocative resignation notice is making your departure somewhat acrimonious.

I have no written proof of sadly so I'm too scared to push for that.
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What evidence do you have of racial discrimination?

 

Sadly her racial comments were only ever said out loud and not written down.

 

There were other colleagues present. But I highly doubt they would want to act as witness as they currently work at the company. So this makes it entirely different.

 

I do have dates (roughly) of 7 racial incidents. But again it's all my word and whether not people who were there want to step forward. Doubt they would want to.

 

Then there is proof of her invasion to priavcy. She took my unlocked phone from me at work. Proceeded to go to her desk. Only to go into my WhatsApp to text a colleague of ours. She signed the text with her name. I was incredibly uncomfortable with the whole situation.

 

She then once in front of the whole office. Again witness based as I was leaving for a date. I couldn't dress nice without her questioning what I was doing that evening. I'm a private person so would never mention my personal life to my manager. She outright asked me if I have stayed over the guys place and had sex with him. I was mortified. I never discuss my sex life to collegues let alone the whole back office.

 

She enjoyed embarrassing me like that. Which was fine. A little bit of playground drama.

 

I took it even though it made my working environment difficult. It made it feel work wasn't just work anymore.

 

It was her last comment she was shocked my mum had an English essentially because of her skin colour. This was the last straw.

 

Shs also had poor management skills. Something another colleague had flagged to me.

 

So in her absence I decided to talk to the head of HR about these things. As I wanted to continue to work there but not have to deal with those comments. I've told my manager I was uncomfortable many times with what she said but she persisted.

 

Also wanted to flag her poor managerial support. Anyway as she is the right hand women to the head of HR. She refused to listen.

 

In my resignation letter I mentioned how I tried to voice my issues to head if HR regarding my mangerial support. Mentiong how I have been subject to rude comments. As no one leaves my company to find a better job elsewhere as they are one of the top in their sector in my country. So for the sake of the exit interview I decided to reference it.

 

Maybe I shouldn't have. Like you said other people like the drama when it is not their own. My family member who also works in HR elsewhere amended it with those bits as to why I'm leaving.

 

I would like to walk away gracefully but essentially the ball is already rolling.

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It's important to keep in mind that your company will document everything including your substandard performance and difficulty getting along with people. The reason they do this is to defend themselves against false discrimination and harassment claims filed by disgruntled employees.

 

They most likely also have a well paid corporate/employment attorney on retainer who may review your complaints and advise them how to deal with you fairly and legally. It is interesting that they have decided to put you on garden leave, instructing you to stay away from work, which is often used to avoid sloppy work or sabotage by disaffected employees. It sounds like your provocative resignation notice is making your departure somewhat acrimonious.

 

I have no difficult to get along with people. I get on perfectly well with everyone else in my team. Throughout the office.

 

My work was never sub-standard as the head of HR only referenced my so cold poor performance when she pulled me in a meeting room during sick leave (breach of their own company policy). This was following me mentioning the poor mangerial support I had been offered.

 

I have never caused issues with any other manager or peer during my time with the company.

 

If there was a genuine issue with my working performance it woulf have been flagged in my appraisal... It wasn't. This all came out of left feild. I was never told I was "bad" at my job or my work was "s***". Which again was not great use of language for the head of HR anyway. Especially when someone has been signed off work due to "work related stress".

 

I've read tonnes of resignation letters from our ex-employees. It mentions if they felt they got a lack of managerial support. Or fed empty promise for promotion and why they are leaving for another company. This points are further expanded in the exit interview. Which is what I would have done.

 

They suggested going for the formal grievance. Which is what they would have suggested to all those other people. As it's their protocol to offer that. I have been on the fence since with everyone else saying all I went through I should.

 

I decided to state why I was leaving as they know I'm not leaving for another job as I'm not.

 

It's a mess and I'm not sure of what else to really do to be fair.

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What does this expression mean/imply?

 

She has made it very clear she doesn't like black people from reeferences she had made to me and another employee.

 

So that flagged it in my head before she ever made other comments.

 

For the record I have been incredibly lucky in life and never had any references made to me or the colour of my skin. I am fortunate to of been born in a beautiful and accepting country.

 

Which is why I have found it difficult dealing with my manager as it's new ground.

 

Prior to the incident with my mom. Like a couple weeks back.

 

Anyway she asked me outright "Why do I have that surename".

 

It's a British surname and I get how it may not match the colour of my skin.

 

Found it an odd question as no one in employment has ever asked me in that way.

 

I have had friends in my life question if I have Irish ancestry but that's about it.

 

I explained how it's from my mum's side of the family.

 

Another time she asked indepth questions as to where my parents are born. Which was fair enough... Said where my mum was born. And the fact my dad was born here. Which was all true.

 

"She was like no where are your Dad's family from orginally" so I told her and that was that.

 

She never asked colleagues around us just me.

 

This was all fine I thought she was just getting to know me.

 

It was following that she made further comments linked to where my dad was from. Again I brushed it off as I just wanted to get on with my work. I wasn't there to be her friend.

 

Last comment about my mum's name. We are on out desks discussing parents names.

 

She asked for my mum's name. I said it my mum likes to go by the shortend version of her name. So let's say "Sue". My manager was like "oh what's that short for?"

 

I said "Susan". She was like "Oh, was she born over here?" I said no. She was like "Oh, okay".

 

She then was like so what's your dad's name. I said and we left it at that.

 

She didn't ask anyone else about what their parents names where short for or if their parents were born over here.

 

If it wasn't for her using it he "P" word before or referencing I'm off to a Bengali event when it was named biennale. Then I wouldn't have thought much about her digging into my name or my mum's name.

 

It's knowing how she feels about black people and now me.

 

I know that name thing isn't racist. But it was very bizzare how she dug into it more than the other girls around us.

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Was there more? Because none of what you wrote seems like racism to me.

 

A couple of weeks ago a coworker asked me and a group of other coworkers if any of us had mixed heritage. It was a fun conversation. Now, he didn't ask everyone in the company that question, so would that mean he is racist?

 

Did she call you or refer to you specifically by the offensive "P" word?

 

There must be more to your claim of racism, I presume.

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One of the comments she made knowing I have a mixed race nephew as I have a picture of him.

 

She said to a group of us that "they are fine to have fun with but you wouldn't want a baby with them as they would end up with black features".

 

They being black people.

 

Which is a valid point my nephew has black features but I have no idea why she would point it as a bad thing.

 

At an office event there was a lot of black men there. She whispered yo me and a co-worker that there was a lot of "charcoal sassuage" in here tonight.

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Was there more? Because none of what you wrote seems like racism to me.

 

A couple of weeks ago a coworker asked me and a group of other coworkers if any of us had mixed heritage. It was a fun conversation. Now, he didn't ask everyone in the company that question, so would that mean he is racist?

 

Did she call you or refer to you specifically by the offensive "P" word?

 

There must be more to your claim of racism, I presume.

 

No I would not say that is racist one bit. I've had people ask of my hertiage.

 

It was the build up of everything else. That made me realise she had a problem with black people.

 

Then using the "P" word not directly to me but within the office. It's like even if it was not directed to me. I've never heard anyone say the "N" word in the office. In fact someone got fired for singing a poem with the "N" word within his work place. As it is not professional. Espicially if you work in HR.

 

Don't essentially ask about my mum's ne only to expect my mum to have a more ethnic name. As when I came out with Susan she was like oh so does that mean she was born here.

 

I personally don't believe she is racist. But she is definitely ignorant.

 

Personally I don't want to pursue the racism thing. Despite the employee advice people saying there is a case for one. It's embarrassing for me and I don't want to ruin her reputation.

 

It was more the invasion of my privacy.

 

She asked me what form on contraception I am on out of context.

 

Asking infront of the whole office if I had sex with my partner. I think that is highly unprofessional. As I've never spoke with her as a friend about my dating life. Always kept it professional. Call me old fashion but I like to keep my sex life private outside of the office.

 

She went on the system to find my middle name to expose it to the office even though I said I was not comfortable with it.

 

She came to my desk once and asked me to unlock my phone as it was . By this point she had ruined my confidence that I just gave it to her. She was my manager. I know I shouldn't. She went to her desk where I couldn't see her and proceed to message our colleague. It was no emergency.

 

She read my messages which was an invasion.

 

There are countless other things that she did which accumulated to me leaving.

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Surely there is a policy at work about racial slurs?

 

After Boltruns comment it makes me feel maybe it wasn't a racial slur? Maybe all she was saying was incredibly normal.

 

I never voiced it as it's such a sensitive thing.

 

I had been applying for work and was planning on finding one. Working my months notice and leave without causing any issue.

 

All I have in writing is her poor mangerial support which is what I was going to flag up in the exit interview.

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All their policies are on the intranet. I have no access to anything now that I'm on Garden Leave.

 

I never looked into it before as I never planned on ever raising it as an issue.

 

I mentioned to people following this outcome and they felt that her remarks were somewhat racist and I should mention it alongside the lack of support comments during my exit interview.

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