Unfair 'informal' grievance treatment

[TimTheTailor]

Hi all,
Long time listener, first time poster.

I'm a manager in an IT company, and am currently trying to deal with some 'informal' grievances being raised against me by a direct report, in relation to racial discrimination.

The background of this individual is well documented with HR, in the past 12 months this person has been on a PIP due to poor performance, was demoted by a previous manager, has had both informal and formal warnings following grievance and disciplinary process relating to issues related to run in's with other team members. The individual in question is on a reduced work load due to poor performance, they believe this to be unfair, however giving her additional workload introduces additional risk which neither I nor VP believe we can take (plus the fact that we believe we would be setting this person up for failure, so trying to protect them here also). Everything to date has been documented formally with HR, and pay and workload discussions have been agreed up to VP level. After receiving no pay rise, the individual is now trying to make a claim of discrimination and unfair treatment.

I have the detail and supporting evidence to stand behind every action I've taken with this individual, and there is enough formal evidence directly with HR to reflect the general situation. I am continuing to gather this data and evidence, and I'm happy to provide - but yet it remains informal conversations. I would like to think HR have enough common sense to see what is happening, and unfortunately this person is in a bad place, is failing to recognise their performance and attitude needs to change, and is now lashing out in a survival attempt.

I have suggested to both HR and my management that I am happy for this to be dealt with formally, as I believe the claims are of a degree that warrant this. I would also prefer to see more rigour applied to the discussion and format.

Although I am confident there is no case here, and I'm sensitive to the fact that HR need to be seen to be dealing with both sides fairly, this 'informal' approach means that I'm not getting any specific detail of the claims being raised. I'm not receiving anything in writing in relation to it. I've had multiple conversations with both my direct line management and with HR over the course of 3 weeks, and I'm still none the wiser on what is required to deal with this issue. All the while I feel my name is being tarnished while this drags out, plus the added stress and anxiety it is causing me. I'm starting to get very worried that company are going to cower away from this out of fear, as I don't feel I'm getting support from HR, and there seems to be a very selective memory from them for the past 12 months.

What are my options?
- proactively launch a defense, even though I dont know the specific claims?
- push for formal process, but my paranoia is holding me back here
- escalate within HR and management lines to speed things up (I'd rather not broadcast the matter any further I have to)

Any suggestions?

Thanks,
TTT

 

[Sunny]

Really sorry to hear that. Sounds like a horrible situation. I would repeat all that to your line manager and HR especially about the impact on your health and tell them you want the issue dealt with. I would certainly push for a formal process if accusations like that were made about me. Sounds like you work for a big organisation so I am very surprised it didn't get formal very quickly. Other than that, I would consider leaving if my managers weren't fully supporting me given the facts you outlined.

 

[Leo]

Yep, HR need to step up here and launch a formal process ASAP to protect both the company's and your own reputations. This is a very serious allegation and needs to be treated accordingly.

If this person's performance is that poor, your performance management process really should be managing them out the door for everyone's sake.

 

[TimTheTailor]

Thanks for the replies.

I've had another frank conversation with my manager today (the VP) and made it clear I need to see a clear process and progress. He's US based and seems confused on what process he should be following. It seems our 'local' HR (in the UK) have been on leave which has caused some delay in clarifying path to follow also. I'm out on leave now for a week, need to put it back of my mind, and make a decision on taking more formal action when I return.

If this person's performance is that poor, your performance management process really should be managing them out the door for everyone's sake.

The PIP conclusion overlapped with another (separate) formal grievance against this individual, so we were advised to hold off on PIP follow-up until that concluded. Zero pay rise happened in the interim. The individual got the hint and this is the backlash, but it now completely derails how we should be managing this person, which again seems to point to lack of maturity within HR. There were open discussions with HR about paying this person off (if the individual were to invite it), but that conversation is being conveniently omitted at this point.

 

[DeeKie]

Sounds like you have a complaint of your own to launch there mate. This is potentially very damaging to you. I’d make a formal complaint. Fire with fire.