Corporate bullying/discrimination/harassment

Mrs OBumble

livedadream wrote: »

if basically means you dont trust me to follow the procedure and have contacted an outside party to assist you instead of trusting the company procedure. if your contact is anything like mine, you are in breach of contract for not following procedure and contacting an outside party and making them privy to your employment contact and internal procedures.

So how is it ok for someone to contact a trade union, then?

Pretty much the only reason that unions exist now is that lots of companies don't follow procedure ....

livedadream

Mrs OBumble wrote: »

So how is it ok for someone to contact a trade union, then?

Pretty much the only reason that unions exist now is that lots of companies don't follow procedure ....

shop stewards are employees of a company. thats why they are contacted.

and trade unions will be covered in your employment contact or handbook.

nozen

Mrs OBumble wrote: »

So how is it ok for someone to contact a trade union, then?

Pretty much the only reason that unions exist now is that lots of companies don't follow procedure ....

In other words, if I'm not part of a union, i would have to self educate myself or get an employment law diploma just to defend my own rights to having an undiscriminatory place to work.

livedadream

I will be destroyed because I have no clue how to deal with this and got a piece of advice from someone that would know? That's a bit over the edge.

you will be destroyed because you didnt do what you were supposed to do and are making it a drama that could (depending on the situation) have been resolved. your contract/handbook and about 10 people here have told you what to do.

you said you went to a few solicitors in another post and said you were going to court, a tad dramatic no? im not here to piss you off or make life difficult, im trying to help you, just because you dont like what im saying doesnt mean im attacking you.

everyone here advised you to talk to HR, you ignored that.

Maybe I didnt get this right but you are saying it's bad faith to believe that the HR will find means to get ur a** kicked out of the company or turn it on you?

yes that is bad faith. HR are there to protect the company, its employees and adhere to the law.

yes bad companys and even worse Hr people happen but the law protects you from those.

I think you work in the most perfect multinational I can think of.

yes i do, because they have an amazing HR team :-) (even if i do say so myself)

I dont have a grudge on the company at all. In fact I enjoy it apart of these situations.

you have effectively said everyone in the company is bullying you, harassing you and you are discriminated against, how could you possibly enjoy working somewhere like that.??

You see how this discussion had an easy turnover? You immediately 'attacked' what I said so that Im the one full of s**t and it's probably me who wants to be bullied and has a grudge on the company.

i said you exaggerated, and it reads like you are, you talk about going to a psychologist and court, before doing the most basic thing.

i understand bullying is horrific, ive seen it happen and ive seen it ruin someone's working life, but the steps are there to be taken, so take them.

i didnt attack you, i said that what you were saying sounded VERY suspicious, if i was your HR rep, and you came to me with these allegations and your log of complaints, i would assign someone to investigate or do it myself if you felt comfortable, after reviewing all the FACTS I would make a decision or escalate it.

I bet if you would be in my company's HR you would destroy me easily.

if you acted the way you are here, to be blunt, yeah, but i wouldnt fire you, unless if effects the business..

The thing is I'm not the only one in the company that would complain about being discriminated but they dont have the guts to step up.

can you tell me how you are being discriminated against? these are the ground you would be discriminated against. and this is hard to prove.

Gender: this means man, woman or transsexual
Civil status: includes single, married, separated, divorced, widowed people, civil partners and former civil partners
Family status: this refers to the parent of a person under 18 years or the resident primary carer or parent of a person with a disability
Sexual orientation: includes gay, lesbian, bisexual and heterosexual
Religion: means religious belief, background, outlook or none
Age: this does not apply to a person aged under 16
Disability: includes people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions
Race: includes race, skin colour, nationality or ethnic origin
Membership of the Traveller community?

About the unfair dismisal act. You are right, I have read it some time ago and at that point I may have read through the lines and skipped this part.

in general us HR people are very very pedantic and only want the facts, dont say you did something if you didnt. its too easy to catch people out.

also saying stuff like i read it and couldnt find it.

ITS THE FIRST LINE!

livedadream

nozen wrote: »

In other words, if I'm not part of a union, i would have to self educate myself or get an employment law diploma just to defend my own rights to having an undiscriminatory place to work.

no, you would GO TO HR.

Stheno

nozen wrote: »

At first I thought I am being a bit paranoid about it but it seems its not that way and now I am being bullied by most of my colleagues.
Besides being bullied I am also discriminated and treated differently in terms of work by being assigned to do things that lowers my performance and are prone to mistakes or failure.

nozen wrote: »

HR would have much more experience in dealing with this and will definitely turn it on me without hussle. That's why I didnt have the nerve to make any complaint since word will spread fast and I would be assigned to projects that are deemed to failure and be dismissed easily.

Considering the fact that now I am performing above most of colleagues.

nozen wrote: »

The thing is I'm not the only one in the company that would complain about being discriminated but they dont have the guts to step up.
.

Op

Have a read through the quotes above from your posts.
You are contradicting yourself, in one post you say the projects you are on are lowering your performance, yet in another you say that you are outperforming your colleagues.

In one post you say that everyone in the company is bullying you, yet in another you say that there are others also being bullied.

You haven't contacted HR yet state that they will be of no assistance.

I think you need to be a little more consistent.

davo10

Stheno wrote: »

Op


I think you need to be a little more consistent.

I think the op needs better legal opinion as well. It would be astonishing for a solicitor to take on a case like this until the Employees position is covered by the Unfair Dismissals Act. The employer will just say 1. As no complaint was ever made, we were not aware of the problem nor given the opportunity to address it. 2. We believe the employees work practices to be sub standard and as the length of service does not exceed 1 year, the UDA does not apply. 3. We will not engage with legal representation until the appeals process begins etc.

Either the op has not received legal advice or, he/she got a dud, but I suppose the solicitor knows gat win or lose, the op pays so maybe there is some logic there.

livedadream

davo10 wrote: »

I think the op needs better legal opinion as well. It would be astonishing for a solicitor to take on a case like this until the Employees position is covered by the Unfair Dismissals Act. The employer will just say 1. As no complaint was ever made, we were not aware of the problem nor given the opportunity to address it. 2. We believe the employees work practices to be sub standard and as the length of service does not exceed 1 year, the UDA does not apply. 3. We will not engage with legal representation until the appeals process begins etc.

Either the op has not received legal advice or, he/she got a dud, but I suppose the solicitor knows gat win or lose, the op pays so maybe there is some logic there.

i tried to explain that to OP maybe i came across a little harsh its wasnt my intention but I cant see any solicitor worth their salt taking on this case.

unless we are getting different info, ive asked what legislation they are taking the case under however OP has said that the solicitor has advised he contact head office?

OP then changed to its a friend that is a solicitor who is advising not actually working as his representation.

im not sure whats going on anymore tbh.

but hey why ruin a good story with the truth.

Stealthfins

Hi OP you may be suffering from stress or loneliness.
That can make your day a bit stressful and things may feel worse.
A few days off sick maybe

nozen

livedadream wrote: »

you will be destroyed because you didnt do what you were supposed to do and are making it a drama that could (depending on the situation) have been resolved. your contract/handbook and about 10 people here have told you what to do.

you said you went to a few solicitors in another post and said you were going to court, a tad dramatic no? im not here to piss you off or make life difficult, im trying to help you, just because you dont like what im saying doesnt mean im attacking you.

everyone here advised you to talk to HR, you ignored that, why ask for help if you are going to be an askhole.

yes that is bad faith. HR are there to protect the company, its employees and adhere to the law.

yes bad companys and even worse Hr people happen but the law protects you from those.

yes i do, because they have an amazing HR team :-) (even if i do say so myself)

you have effectively said everyone in the company is bullying you, harassing you and you are discriminated against, how could you possibly enjoy working somewhere like that.??



i said you exaggerated, and it reads like you are, you talk about going to a psychologist and court, before doing the most basic thing.

i understand bullying is horrific, ive seen it happen and ive seen it ruin someone's working life, but the steps are there to be taken, so take them.

i didnt attack you, i said that what you were saying sounded VERY suspicious, if i was your HR rep, and you came to me with these allegations and your log of complaints, i would assign someone to investigate or do it myself if you felt comfortable, after reviewing all the FACTS I would make a decision or escalate it.



if you acted the way you are here, to be blunt, yeah, but i wouldnt fire you, unless if effects the business..

can you tell me how you are being discriminated against? these are the ground you would be discriminated against. and this is hard to prove.

Gender: this means man, woman or transsexual
Civil status: includes single, married, separated, divorced, widowed people, civil partners and former civil partners
Family status: this refers to the parent of a person under 18 years or the resident primary carer or parent of a person with a disability
Sexual orientation: includes gay, lesbian, bisexual and heterosexual
Religion: means religious belief, background, outlook or none
Age: this does not apply to a person aged under 16
Disability: includes people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions
Race: includes race, skin colour, nationality or ethnic origin
Membership of the Traveller community?



in general us HR people are very very pedantic and only want the facts, dont say you did something if you didnt. its too easy to catch people out.

also saying stuff like i read it and couldnt find it.

ITS THE FIRST LINE!

Again, as I said before, my english form is not that good. It's not my native language and some words/expressions used may be misinterpreted.

I am bullied over my race. I would give more details but I really can't.

When I say I enjoy working here, what i really want to say is I like the job Im doing. It is exactly the type of work I have been searching and worked my a** for this since college.
It's not easy to pursue your goal all your life just to be destroyed and affected both professionally and personally in half a year

Stheno

livedadream wrote: »

unless we are getting different info, ive asked what legislation they are taking the case under however OP has said that the solicitor has advised he contact head office?

OP then changed to its a friend that is a solicitor who is advising not actually working as his representation.

He's also posted that he's spoken to several solicitors!

nozen

Stealthfins wrote: »

Hi OP you may be suffering from stress or loneliness.
That can make your day a bit stressful and things may feel worse.
A few days off sick maybe

Stress is an ordinary thing in this line of work to be honest. Work load does not bother me at all.
Loneliness may be a factor but only while at work.
I have a great family here with me that helps me go through.

livedadream

nozen wrote: »

Again, as I said before, my english form is not that good. It's not my native language and some words/expressions used may be misinterpreted.

I am bullied over my race. I would give more details but I really can't.

When I say I enjoy working here, what i really want to say is I like the job Im doing. It is exactly the type of work I have been searching and worked my a** for this since college.
It's not easy to pursue your goal all your life just to be destroyed and affected both professionally and personally in half a year

okay so you are being bullied because you are a different race,
the next step is to go to HR. this is not a legal issue, some people are just assholes who need to be reminded that racism is not acceptable.

To be honest, you need to find a new job. Even if HR get the comments etc to stop you will never be able to view the company the same way.

you have been contradicting yourself though and need to be careful, you say your performance is suffering but you are out performing your peers.

you say you contacted a number of solicitors but then say its your friend who is helping you out, if this is true they are not helping you only hindering you.

You need to approach HR give them your log and let them deal with it.

its honestly not that hard. i understand its a big deal and upsetting but let them sort it.

Stheno

Nozen,

On what grounds are you taking a case against your employers as per your solicitors advice? Is it constructive dismissal?

livedadream

Stheno wrote: »

Nozen,

On what grounds are you taking a case against your employers as per your solicitors advice? Is it constructive dismissal?

hasnt been there 12 months, cant take a case for CD.

Stheno

livedadream wrote: »

hasnt been there 12 months, cant take a case for CD.

In limited cases they can, but I'm just wondering what they've been advised they have a case in relation to. They referenced gross misconduct by one colleague being mentioned by a solicitor.

livedadream

i think the gross misconduct was mentioned by the anti bullying organisation they reached out to?

have asked for a name as im not aware of any that deal with workplace related issues.

bar breach of contract, constructive dismissal (he still works there though) or criminal proceedings (which could be an option)

im not sure of what else, its all a bit confusing

Stheno

livedadream wrote: »

bar breach of contract, constructive dismissal (he still works there though) or criminal proceedings (which could be an option)

im not sure of what else, its all a bit confusing

True, all very unclear. Perhaps OP will have a completely different experience that he expects if he does go to HR

livedadream

Stheno wrote: »

True, all very unclear. Perhaps OP will have a completely different experience that he expects if he does go to HR

thats my take on it but i work in HR so am pretty biased, like i said i know there are Bad HR people out there but in general we're not all bad...

most of the time when someone comes to me with an issue like this im aware of it already and have just been waiting for them to complain.

then it gets send to someone to investigate and resolved hopefully.

however im pretty sure in this case if its as bad as OP makes out, they cant sack the whole company for being racists, so not sure what they would do.

nozen

Yes, i am outperforming other collegues EVEN IF I am assigned to projects that you can easily tell they are going to be a pain in the a**.

I did say I contacted solicitor and I will be logging complaints to HR, as per his advice.

I didnt say its my friend.why are you misinterpreting things?
I contacted solicitor because I have no experience in law or employment or law employment. I'm just a person who's in a bad situation and needs an advice.

I DONT KNOW WHAT TO DO
Simple as that.

Thats why I opened this topic. To seek some advice from any of you.

Now can someone can please tell what is the right path to go here? Maybe the solicitor just wants to take his money and thats all.

Steps to be taken:
1. Make a complain to HR.
what happens then?
If I prove myself?
If nothing happens?
2. ?
3. ?

Stheno

nozen wrote: »

Y

Steps to be taken:
1. Make a complain to HR.
what happens then?
If I prove myself?
If nothing happens?
2. ?
3. ?

Follow the grievance procedure. Have you checked what the grievance procedure is in your company?

By if I prove myself, do you mean what happens if they find that you are being bullied/harrassed/discriminated against?

livedadream

I didnt say its my friend.why are you misinterpreting things?

you said previously...

I have decided to go to court with this. Already spoke with several solicitors and after providing some examples from my logs, each of them agreed it is gross misconduct from colleague and especially upper management.

I am considering the solicitor as a friend who gives you a piece of advice so you dont screw up things

you said this earlier?? am i reading it wrong? you are considering the solicitor as a friend???


Steps to be taken: (this varies by org but you will get the general gist, this should also be laid out in your handbook)

1. Make a complaint to HR: they will ask you to write a statement and provide the log book you have written, they will also possibly interview you and ask for details of events to elaborate on the logbook.

what happens then?
they will investigate, eg: jane and john are having a cup of coffee, jane says mary is a bitch, HR will approach John and say were you present when this was said? they will also approach Jane and say can you describe your conversation with John.

investigations are confidential and impartial.

If I prove myself? yes you will have to prove what you are saying, as will the people you are accusing of racism and bullying.
if your claims are found to be true they others will face disciplinary action up too and including dismissal.

If nothing happens? you contact ask them to investigate again, if they say no THEN you contact a solicitor for advise and leave your role in a case of constructive dismissal

JohnBee

nozen wrote: »

Yes, i am outperforming other collegues EVEN IF I am assigned to projects that you can easily tell they are going to be a pain in the a**.

Small observation: I remember in my teens in a sports club I got assigned to train with a group older than me. I used to bitch and moan about it and felt I was being singled out. I found the older group tough to deal with. Looking back, I realize I had been promoted because they thought I was better, they wanted to challenge me and make use of my abilities better.

Perhaps if you are outperforming your colleagues you are assigned to tasks which your bosses feel you will complete to a higher standard when your colleagues might fail?

Given the language and the way you present yourself I assume you are young. You have to decide one thing: do you actually want to stay with this company long term: if no then start shopping for a new job. If yes, then YOU ABSOLUTELY MUST GO TO HR. There is no other option. Remember, most organizations do not want solicitors or pay outs or court cases. It is in their interest to solve these problems as amicably as possible. It is HR's role to achieve this, mediate with as little hassle as possible and keep everyone happy.It is in their interest to solve your problems.

Letree

livedadream wrote: »

no, you would GO TO HR.

The OP mentioned that even management and HR were involved in the bullying. I can't blame him/her for not trusting HR or the company. I'm sure the OP sees that as bad faith.

nozen

Thank you all for your feedback and observations so far.

I am young and dealing with this has literally destroyed my mental and health state.

Nobody will understand the hussle I'm experiencing unless they went through something like this.
It tears your confidence apart when you know your good at doing your job and still being treated so badly by others.

Thanks again

Letree

nozen wrote: »

Steps to be taken:
1. Make a complain to HR.
what happens then?
If I prove myself?
If nothing happens?
2. ?
3. ?

The best option would be to find another job. If you can't do that then suffer on till you get a year under your belt at least. In the mean time maybe mention informally to HR that you feel a bit bullied. You will be in a much stronger position after a year in the job.

ED E

I dont want to overstep the line of attack the post not the poster, but:

Reading this thread OP it gives the impression you might be a slightly "quirky" character and might be working in the likes of one of the big consulting firms where there is a very specific ethos that can be very competitive. Considering colleagues seem to be just getting on with it sounds like you may not have quite a thick enough skin for the role. In an ideal world every office would be a nice happy go lucky utopia but sometimes we have to be realistic.

To put it simply:
A. Raise an official grievance with HR (Which you insist will get you fired)
Or
B. Find a new job

Repeating "I don't know what to do" when all the options have been laid out for you is just being an askhole. If your mental health is suffering please make an appointment with your GP ASAP for your own sake.

TG1

You can't go to court with anything if you haven't followed correct procedure. The first line of investigation on any Labour related claim is did both parties follow the policies and procedures in place. If your first interaction with hr on this is a solicitors letter you are not starting from a good place.

Raise a grievance, and leave it to hr to take the next steps. Hr are not actually out to get people, you might be surprised by their reaction. Any hr department should take a grievance very seriously, and organise an impartial investigation process as per procedure.