Managers duty re. B+H

[jetblack]

Hello chaps.

Recently had to put in a complaint about being harassed at work (by a "colleague" - not a manager)- I didn't take this decision lightly I can assure you, but I had put up with too much for too long.

Case was investigated by a manager outwith my area.

My complaint was upheld and the investigating manager recommended a 2 year serious warning be given to my harasser.

As I understand it the "punishment"/2 year serious warning is meted out by my/our line manager. The investigating manager, in the letter I received from him, says that I will be informed when action has been taken. This was 3 months back.

My question is, what duty does my line manager have in applying the investigating managers recommendations ? The reason I ask is that my "harasser" is, I feel, favoured by our line manager - and left to their own devices i do believe that my line manager will not act upon the recommendations of the investigating manager in my B+H complaint.

If that is the case, and my line manager has no duty to do so, it seems that the whole bullying and harassment procedure is a bit of a sham.

What are your thoughts on this ?

Thanks

[vanman90]

I thought that you weren't entitled to know what action was given to the other party as they have the right to there confidentuality .

[jetblack]

I thought that you weren't entitled to know what action was given to the other party as they have the right to there confidentuality .

Yes - I know what you are saying.

I can only quote the letter from the investigating manager:-
"I will now be passing the papers to the appropriate manager for them to implement the recommendations that I have detailed in my report. You will be informed once these recommendations have been completed."

The problem with the confidentiality issue is that, in cases like mine whereby the impartiality of the line manager is in doubt, the confidentiality clause is essentially being/could potentially be hidden behind to the advantage of the "favoured" individual.

How am I to know if any action has been taken or not ?

Or rather, and perhaps more importantly (given confidentiality), how can I be assured that the line manager is obliged to act on the investigating managers recommendations ?

Because if there can be no assurance, then the whole procedure is worth nothing at all.

[spilie]

if he/she has been dealt with what more do you want? if you are still suffering then you know the procedure to complain, if not then I don't really understand your concern

[Luke Skywalker]

if he/she has been dealt with what more do you want? if you are still suffering then you know the procedure to complain, if not then I don't really understand your concern

I believe the op is asking for confirmation that the issue has been dealt with. What is your problem? Are you a manager?

[spilie]

no just passing comment so keep your smart comments to yourself all I was asking was what does the op want if it is to be free from harassment then that's fine and if its not happened then they should pursue it if its just to know the decision then that's not going to happen so wind your neck in

[jetblack]

I believe the op is asking for confirmation that the issue has been dealt with.

Exactly - what are the line managers obligations ? Or is it all at their own discretion - even when a manager from outside has upheld a complaint ? My point is that if its all at the line managers discretion then the whole procedure isn't worth anything. There has to be guidelines in place that the line manager has to act upon in such situations.

if you are still suffering then you know the procedure to complain

Yeah - keep logs of what I've experienced - get in touch with Sheffield - explain to them again what has been occurring- have an independant manager appointed to deal with the case- be interviewed by him- have witnesses be interviewed etc etc etc

To have the eventual decision ignored by my line manager, who hides behind confidentiality should I ever dare to question what action, if any, has been taken. Because my abuser isn't in the union, will happily come to work during industrial action, has family who are friends with said manager, and who is (in short) in with the in crowd

[spilie]

I really sympathise with your situation and maybe you should send all your evidence to your branch and ask them to look at it, also you can raise a claim of harassment outwith the royal mail, hope eventually your tormentor gets their lot, alternatively you can get advice from the previous poster who has all the answers

[rehabron]

I thought that you weren't entitled to know what action was given to the other party as they have the right to there confidentuality .

Yes - I know what you are saying.

I can only quote the letter from the investigating manager:-
"I will now be passing the papers to the appropriate manager for them to implement the recommendations that I have detailed in my report. You will be informed once these recommendations have been completed."

The problem with the confidentiality issue is that, in cases like mine whereby the impartiality of the line manager is in doubt, the confidentiality clause is essentially being/could potentially be hidden behind to the advantage of the "favoured" individual.

How am I to know if any action has been taken or not ?

Or rather, and perhaps more importantly (given confidentiality), how can I be assured that the line manager is obliged to act on the investigating managers recommendations ?

Because if there can be no assurance, then the whole procedure is worth nothing at all.

You have received written confirmation that your B&H complaint has been upheld against your harasser and the investigating officer has forwarded the papers to your line manager to IMPLEMENT a 2 year serious warning on your harasser record.
The respondent ( harasser) will have been informed of the investigating officer's decision and hopefully in the future you should see a difference in the conduct of this person if he has heeded to the warning that he has been given which should confirm to you that this has in fact been implemented.
Your concerns that this punishment may not have been issued to the harasser because of favouritism by line manger would leave this line manager open to investigation if on checking the harassers record that the punishment failed to be recorded.
If you were still subjected to further harassment then you should continue to complete a further B&H complaint against this person and if it was established that the previous warning failed to b e recorded then this line manger himself would be facing disciplinary charges.

[Brainache]

What confidentiality clause ? If someone is found guilty of bullying you, then of course you will be told the outcome. Perhaps managers are not allowed to discuss the outcome with other posties, but you can tell who you like.

no just passing comment so keep your smart comments to yourself all I was asking was what does the op want if it is to be free from harassment then that's fine and if its not happened then they should pursue it if its just to know the decision then that's not going to happen so wind your neck in

if he/she has been dealt with what more do you want? if you are still suffering then you know the procedure to complain, if not then I don't really understand your concern

If your not told the decision, the problem hasnt been resolved. To say that the victim should just accept/believe that the matter has been delt with and go away, is the attitude of indifferent management/union reps. Which one are you spilie ? Wind your neck in.

[spilie]

Obviously your name on here in no way reflects your IQ or understanding of the B/H procedure I would also ask you to wind your neck in but I have a feeling your head fits straight onto your shoulders, so I would ask you to check the procedure then give everyone the benefit of your vast knowledge on the subject

[Brainache]

`You will be informed once these recommendations have been completed`. Sounds simple enough to me. Send a grievance form to your DOM, asking him if the recommendations have been completed and if not why. Ask for written reply.

Wind your neck in spilie.

[spilie]

wow Drains you really need help with that anger but for the hard of learning I will again ask what difference does it make to the situation if the op is told or not? surely the most important thing is that the behaviour has stopped and if not then use the procedure as before, also your advice to mouth about someone's punishment may land you in the same seat they were in but they can always ask you to defend them if that happens ,,,,,,,,,,,

[jetblack]

Thanks for responses.

With regard the confidentiality issue, I can only say that it would appear that in the past my line manager has used it to hide behind - where it would seem that no action has been taken at all. Thus the reason i have ended up putting in the complaint in the first place.

It seems to me that if I were in a court of law and someone who has offended against me has been found guilty, well, I can't think of a legal system in the world whereby the sentence (and the guarantee of it being implemented) is not made known to the victim on the grounds of "confidentiality".
I suppose there are, for eg., reporting restrictions during a trial (for the sake of protecting the innocent till proven guilty) - but once a guilty verdict is reached it would be ridiculous to keep the victim in the dark. In fact, it would be wrong - and it happens nowhere. Except maybe Royal Mail.

I'll give it a few months and if I still haven't heard anything I'll start making some enquiries.

How many months would need to pass for my line manager (not having implemented the recommendations) to be seen to be "negligent" ? 6 months ? 12 months? 5 years ?
And when would the 2 year warning commence ? I'd guess from the time its issued by the line manager - and not when the complaint was upheld by the investigating manager.

[Luke Skywalker]

Jetblack, why don't you email moya and ask about this? You can do it anonymously or if you give your details they will chase it up with the dom. They are quite helpful and will know the procedure in a b+h case.