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Investigation meeting: Front End

Started by barafear, 29-07-20, 02:36PM

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Welshie

@barafear , just a thought but when you told team support that you were going home as you were unfit for work , did they not tell you to inform duty manager  ?  I think they really should have as they know it is beyond their job role to fill in absence book .

lucgeo

Appreciate the amendments...not really affected by the outcome, as the manager who spoke to you, took on board your comments, and sorted it...job done :thumbup:

Just picking up on a point made by you regarding collecting trolleys...any person offering or being asked to support, by going to collect trollies should be wearing the correct PPE...a Hi Vis jacket and be issued with Tesco safety shoes, solely for your own personal use.  That is H&S and Tesco policy. Any injury sustained from not being protected by wearing both, Tesco will not accept liability, and could result in you losing your job, for non compliance.
Live for today. Learn from yesterday.

barafear

Quote from: Welshie on 14-09-20, 11:46AM
@barafear , just a thought but when you told team support that you were going home as you were unfit for work , did they not tell you to inform duty manager  ?  I think they really should have as they know it is beyond their job role to fill in absence book .

Team support did not tell me to speak to Duty.

barafear

So continuing on from my earlier post today - I signed that off with my belief that my "informal" chat with another manager asking about the bullying and harrassment policy would cause any issues.

Anyway - two hours after that meeting, my shift finished and it was time to go home. Having collected my stuff from upstairs and heading down to exit the shop (which had closed for the day) I was "intercepted" by another manager and handed a letter (words being "I've been asked to give you this letter") - my name was handwritten on the envelope - and laughably they spelt my name incorrectly (surname.....not my "badge" name!)

I assumed it was the date of the disciplinary - although I did think it was quick - although given my belief there's a definite agenda to get rid of me, any haste is setting up a disciplinary meeting would not surprise me!!

I didn't open the letter until I got home ......and again, another completely "knock me to the floor" shock. (that was after the investigation meeting which concluded that "there was evidence to send it to a disciplinary")

The gist of the letter........Dear Barafear....you are invited to attend an investigation meeting .......hardly an invite is it?

The reason for this meeting is to investigate:

allegations of inappropriate and aggressive behaviour towards my line manager in which you acted very dismissive towards your manager.


Given recent events, it would be churlish of me to even imagine which "incident" this refers to - but it does seem obvious that it is what happened at the end of my investigation meeting the previous day.

I probably didn't go into the details in my post (#64) ........so I will expand now.

As I said, I was called back into the meeting room and told that after careful consideration of the "evidence" the manager had decided to proceed to disciplinary. As stated previously, I was exasperated, shocked (well sort of, although in a perverse way I kind of expected it) and disappointed.
And clearly, as I then left for the day without completing my shift, I was somewhat "all over the place".

I also asked my manager (I believe this was after the official end of the meeting - so none of this is likely to be in the notes) "why are you doing this to me? What have I ever done to upset you?" (or words to that effect) - The manager replied "nothing, I am just following company procedure"

That's when I was told I could go on my break and I responded with "I'm going home" - and I got up to leave the room - but I was called back to "sign the notes" - I was sat on the other side of the table from the note taker - so the notes were passed over to me - I scribbled on each of the pages (well, it could be a signature - but it was literally a scribble) - and then I pushed the pages back in the general direction of the note take - and told them to send me a copy of the notes with my letter detailing date of disciplinary. I then left the room - and within 10 mins or so, left the shop and finished my shift early.

Clearly, I've broken one cardinal rule - I did not take a representative with me - so it's my word against my manager's word (plus the note taker as a possible witness) -

And clearly, the words "aggressive, inappropriate and dismissive" are open to interpretation.

And yes, this does rather confirm the views of Redshoes (#66) reply about it being a battle of wills.

This investigation meeting will be held by a different manager.

I am now at a point where I will be going sick with the stress this is causing - I will try to find a doctor or get an online consultation and see if I get a sick note to extend my sick leave beyond what I can self certify. I will lose money by going sick obviously.

I'm also strongly considering putting in the bullying grievance against my manager - do I send this to the store manager? Or can I or should I send it only to HR (people manager) - or should I copy in both?

And yes, if any of you can help, I would need some guidance.

Clearly, after the above, answering some of the other queries/responses from people on here seems somewhat "minor" - but I do want to try to provide as much info/truth as possible.

"This is a pointless waste of time, it's not fun, it's not clever. It's just pointless."

Agreed, it is never a surprise to me how petty MM can be.
  (Nomad, #69)

Just to clarify, does MM = middle management? Or have I got that wrong?

Lucgeo (#70):

This is all about the manager saving face...but looking bloody silly in my opinion, wasting all those man hours on nonsense, just to prove a point! I doubt the SM is even aware of the conflict, as feet on floor always takes precedence, especially when they learn that it's already been sorted, within a few minutes, by another manager.

To be honest, I don't have that many dealings with the SM - but he/she (anonymity!) can be a bit "petty" about things - I think my lack of badge wearing was picked up by the SM one day and SM told team support to tell me to put it on. On another occasion (very recently) I was taken off tills whilst it was quiet to rumble - I trotted off and started rumbling - only for the team support to come to me and say "the SM has asked/told me to tell you to wear a mask whilst rumbling". Other than that, the SM tends to keep out of the way but does seem to be a "instructor" (telling people to do things) rather than hands-on.

#71:

If it's common knowledge that your colleague Leslie is doing the same, and you can prove the managers know about it and haven't subjected them to the same treatment, you should then contact ACAS on advise with regards to Tesco not following the minimum standards as set out by them, namely;


This is the crux of the matter - who knows if it is common knowledge - I only noticed it once - but then I might not work on the till near her or even do the same shifts as her - and the other thing is I have no idea whether she has been admonished about it. And this is a problem with bringing any bullying claim - how do I prove I am being "singled" out when I cannot possibly know whether other staff members are collecting Lets Talks and Investigations/Disciplinaries like they're going out of fashion.

#72:

I'm not a manager BUT  if you have a name on your name badge for months/years of employment and you only feel the need to change it after the manager has spoken to you about not wearing a name badge then it looks to me like you're trying to stick 2 fingers up to that manager.
The inconsistency of the manager over badges is a different issue and yes may be unfair . I suggest if you want to put in a grievance, first do something to try to resolve issue ie; sticky back velcro , at least that way it looks like you are trying otherwise I think whoever takes the grievance meeting will simply see you as a troublemaker who doesn't want to or thinks they're above wearing the company uniform .


Ok this is the crux of the argument - which may well make me look like a constant rule breaker/trouble maker. Over my many years of working for Tesco, I have probably only worn a badge on 40% of my shifts (and that's a generous estimate) - whether that's because it shows my name, or whether it is a potential H&S issue or whether I think "what's the point?" it doesn't really matter does it. I'm sure all of the people on this forum know people like me - rarely wear a badge - I think where I came from right at the beginning is that whilst strictly speaking it's "wrong", in the greater scheme of things it's not preventing me from doing my job to the required standard. Team support used to (don't know whether they still do) do "health checks" where they would stand nearby and make sure you were doing things right - wearing right uniform (incl badge), greeting customer, offering help, saying goodbye , smiling and all that. Most times I was ok - on some occasions, everything was good but the badge - but no big deal was made of it - just a gentle reminder to wear one next time. So, I have in the past objected to wearing my name on a badge - and I have been given badges with other names (we had this discussion on another thread Welshie) - as far as management (Team support maybe) care, any old badge will do - most managers don't get close enough to read the name on a badge - I got really "unlucky" with the manager and the white tape - it was only because I was on the till right next to the "computer" (where they do all their labels and things), In terms of a "amicable" conclusion, I do think that boat has sailed!!

One other "side issue" - it appears my manager may have lost the notes to my first investigation meeting!!! They asked my rep whether they had a copy!?

Anyway - I am obviously in a bit of a state over all this - and any advice would be much appreciated.



Nomad

MM, Management of any level.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

NightAndDay

#80
Quote from: barafear on 14-09-20, 06:35PM

#71:

If it's common knowledge that your colleague Leslie is doing the same, and you can prove the managers know about it and haven't subjected them to the same treatment, you should then contact ACAS on advise with regards to Tesco not following the minimum standards as set out by them, namely;


This is the crux of the matter - who knows if it is common knowledge - I only noticed it once - but then I might not work on the till near her or even do the same shifts as her - and the other thing is I have no idea whether she has been admonished about it. And this is a problem with bringing any bullying claim - how do I prove I am being "singled" out when I cannot possibly know whether other staff members are collecting Lets Talks and Investigations/Disciplinaries like they're going out of fashion.
...........

One other "side issue" - it appears my manager may have lost the notes to my first investigation meeting!!! They asked my rep whether they had a copy!?

Anyway - I am obviously in a bit of a state over all this - and any advice would be much appreciated.

Wouldn't CCTV footage of a manager interacting with this colleague while he/she is wearing her taped name badge be evidence enough of ACAS's required minimum disciplinary standards being broken, if you can talk to this colleague about whether he/she had any interactions with a manager in view of a CCTV camera while wearing the taped badge, then you can ask the union to force the manager to provide the relevant footage as proof in a grievance and appeal.

[admin]Please do not quote large posts just to reply and make a point related to a small part of it. Apart from it not being necessary it really is a complete waste of the website space that VLH supporters pay for through their donations. Thank you.[/admin]

Redshoes

If you continue not to follow policy and your manager continues to pull you up on this until it becomes a battle of wills I'm not sure this can be classed as bullying. Your manager can't sit back and ignore someone who doing battle with them over this. You have tried to find a way round complying but it has not worked. I think a compromise should be found. I have known many people who wear a badge and are known by a different name. Someone who is called Steven wears a badge with George on it for example. If you have a middle name why not offer to use that. I use my full name on my badge but everyone calls me by the shortened one, even customers.
Many years ago we had Mr, Mrs, Miss on badge followed by last name. A few were very upset with the change to first name but we got used to it. At the same time we had to call our managers by their first names and not the Mr, Mrs, Miss we were used to. It was awkward to start with but again we got used to it very quickly.
Your badge being ordered with shortened name sounds to me like your manager attempting to solve the situation but that it was then revoked has come from above.

lucgeo

Sometimes I think I've missed a post  8-) a compromise has been reached, another manager has resolved the issue and ordered badges with the preferred name. Have I missed the part that stated it was revoked ???
It is policy that you can have a badge with your preferred known name on it...as long as it cannot be misconstrued as offensive or derogatory to others. That is why they changed the badges at one time, to choose a picture image that related to your interests or hobbies, making it more personal to your individuality. My badge had my nickname, ( of one letter ) which is what I was known by, the name used by all colleagues, and used when called over the tanoid system. Then when they decided to drop the department on the badge, I was told numerous times I could not wear the old badge and to re order the new ones....yep...three times I put in my request but never received...twice the PP put in the request...never received. No manager insisted I order and use my Christian name, because that's not who I was!!
Live for today. Learn from yesterday.

NightAndDay

#83
Quote from: Redshoes on 15-09-20, 03:11AM
If you continue not to follow policy and your manager continues to pull you up on this until it becomes a battle of wills I'm not sure this can be classed as bullying................

There's battle of wills and then there's Tesco complying with government regulatory standards as a minimum, while there seems to be progress around the name badge issue, the greater issue is Tescos compliance with actioning fair disciplinary processes, ACAS's minimum standards does state that there can't be a state of exception (one rule for one another rule for the others).

Nomad

Well known fact some MM have 'pets', trouble always arises when those pets are in work and not at home.

MM which act in such a way are in truth NOT MM material.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

NightAndDay

#85
Pets or no, rules are rules, a judges job is to spank managers (well employers who entrusted these managers to represent the company in such a capacity) when they don't follow the rules.

barafear

thanks for all the responses so far - but I do still need some guidance on the latest investigation meeting re: Inappropriate/Aggressive/Dismissive behaviour towards my manager.

Also, if I call in sick (workplace stress), will this simply add to the possible reasons to get rid of me? (Absence)

And, in terms of putting in a bullying grievance, I understand what some have said (i.e. there are not substantial grounds) - but I do feel it's become "tit for tat" and if I don't put in a grievance, I've rather missed out.

If I just sit back and accept all their investigations/disciplinaries/Let's Talks and general "micro management" of me, things are just not worth carrying on with.

NightAndDay

#87
They can't get rid of you on different grounds of misconduct, eg you can't be sacked for not stock rotating if you have a final written warning for attendance (that's what a people partner said anyway).

As for the grievance for bullying, documentation is your friend, keep a notepad and pen handy and record all these incidents as they happen, the more proof you have the more seriously they'll take it, keep notes of times, locations and witnesses and what happened.

Also keep in mind that you can't be subject to an attendance review meeting if the absence is related to a medically signed off incident such as stress, they can give you a return to work meeting and add the percentage to your current, but even if it's above 3% an ARM can't be given on those instances.

lucgeo

#88
I would now strongly suggest you become a union member, usually a rep cannot take up a case mid term, but as your rep has notes from the previous meeting that they sat in, and the fact that there is to be a meeting under a new heading, this should be treated as different.

So, the manager has lost your notes  :-X Do not provide them with a copy, until the new meeting has commenced, and note taking started, then it is to be noted that they are requesting a copy as the original has been misplaced (lost) from your personnel file, where it should have been placed for privacy. The fact that it hasn't is subject to investigation, as it contains personal information about you, covered under the data protection act.

The notes of your last meeting, that you were called back to sign...again questionable, as you should have signed the notes before leaving the room. Have you had a copy of these? Does it mention you left the room, and was called back to sign...are your comments recorded on the notes when you returned to sign. Were snake like lines drawn in any gaps below the end of meeting and your signature? This should always be the case to stop any adding on after a meeting. Check your copy and theirs matches.
Any mental health issues, believed to be directly caused from constant criticism of an individual(s) is not unsubstantial. If you had this noted in your welcome back, then that is also relevant and should be included in any grievance investigation against an individual.

A manager stating inappropriate/aggressive/dismissive behaviour against them is laughable. They are a manager, and expected to manage a situation...should they have felt that you were being any of the above in a meeting, they should have immediately adjourned that meeting, stating that as the reason.
It's more likely, the other manager has mentioned your " hypothetical " conversation, and this manager is trying to cover their backs by counterclaims of unacceptable conduct.
Many T/L's and managers will state "the SM told me to tell you" but it usually isn't the case, it's just a ploy often used to get something done, whilst appearing to be neutral and your mate.
It's easy to see if Leslie has been spoken to, by walking past and looking at her badge...if still taped then no, if full name on show, a simple friendly comment, " oh you to?" they will more than likely fill you in on what was said.
If you call in sick, get a fit note stating workplace stress, or similar, it can not be used to get rid of you. Absence is seperate, and there's a lot of procedures to go down before dismissing anyone, especially mental health.
Regarding a grievance, this goes to the PP/HR department, under the heading harassment and bullying in the workplace. It does not go to the SM as they should not be involved at this stage, as it would be in contravention of the process.
Live for today. Learn from yesterday.

barafear

I would like to request a copy of what is held in my personnel file - is this a request to store or head office?

It's quite "laughable" that "Lets Talk" forms are not routinely given to the person - i.e. there is only one copy, held by the store.

In terms of the notes - I hadn't actually "left the room" before signing them - I had gone to get up off my chair and leave the room before being called back - so I think in terms of procedure they were ok on that one. After I signed the forms and "pushed them back across the table" I stated (probably in my inappropriate/aggressive and dismissive manner) that they could send me a copy with the letter (detailing my disciplinary date).

Said letter arrived this morning - seemingly hand delivered - had a stamp but no franking - and arrived much before the normal postman delivery.
I didn't open the letter (I don't need any more stress!) - but it felt bulky enough to include the notes requested.

Union membership> Yep - I'm working on it. There's only two reps in our store - the one (rep 1) that accompanied me to my first meeting - they have stated it might be more appropriate to have the other rep represent me this time because "rep 1 knows my manager/visa versa" and the other rep (rep 2) works nights so doesn't really have any dealings with my manager - the next bit is purely conjecture because I don't work nights or even late evenings - so I haven't seen the other rep for years (I used to work evenings and remember seeing them) - but a colleague has stated that rep 2 is "quite friendly with management" - so I'm rather hoping that's not the case and I get a strong defence and independent defence to help my cause. Given the way things have gone I can see them pushing for gross misconduct.

The so called incident - I think!!! - occurred at the "end of the meeting" - probably after it was adjourned and seemingly not part of the notes (as the meeting had ended).

However, as stated previously, with all the other "trumped up charges" they've come up with, who knows which incident of aggression my manager might be referring to.

I did read the Tesco bullying policy and noted that it states:


An occasional raised voice or difference of opinion or using a strong management style is not bullying, provided everyone is treated fairly with respect and dignity. We do not condone bulling under the guise of ‘strong management’.


And yes, the spelling mistake is in the policy documents!!

I'm surprised you think that my hypothetical conversation with the other manager prompted this new investigation into me.
My colleague agrees with you, suggesting that this other manager is "a bit of a snake" - but really - in the space of two hours this would have been discussed with my manager or any other managers - and then someone's suggested "let's get in there first and investigate the aggressive behaviour displayed by me" - Maybe I am just too naive in thinking that surely not all managers can be that bad?

PP? People Partner?

So I email my bullying complaint direct to the People Partner and do not copy in SM at my store? Despite being told to do that by this "other manager"?  The actual policy is a bit open ended as to who to raise the complaint to - albeit it does state PP as a possible option.

Looking through that policy again, picked up on the next thing they'll be out to get me on:

Occasionally, once an investigation has taken place it may be decided that a malicious and/or false complaint has been made. Any individual found to have made such a complaint may be subject to disciplinary action.


Thanks for the comments.


NightAndDay

Regarding false/malicious complaint, they can't pursue that course of action if there is no proof of it one way or the other, only if there is proof that the complaint is false, to pursue you on these grounds with just a "your word vs his word" situation would break the impartiality part of ACASs minimum standards of investigation and disciplinary procedures.

In other words, the alleged actions have to be proven as categorically false in order for them to be able to pursue that, not inconclusive.

NightAndDay

To add, what is the difference between raised voice and shouting, the policy sounds at odds with the legal definition of victimisation or bullying at work, in fact I would probably think you could get a nice tidy sum if you were to show this to the liberal press.

lucgeo

#92
I'm unsure if you can be given copies, or just allowed to look through it, with someone present to ensure nothing is removed?? Request to your HR or PP.

You can always make your own notes in a " let's talk" Also ask to read any notes written by manager, query if needed, then sign and date after filling in any gaps with snaking line.
If there is nothing in the notes pertaining to your manner...then the question is, why was it not broached at the time?

If you had not left the room, then your copy and their notes will match. Again if this aggressive manner was not mentioned in the meeting, then it should not be in the notes. If they are referring to the incident at the end of the meeting, then your following actions clearly showed that you were " emotionally flooded " ( Tesco speak ) and you were unable to continue your shift due to your emotional state. A manager is 'trained' to recognise emotions during disciplinary meetings and supposed to conduct/postpone the meeting accordingly.

Your day rep, I believe you stated, is inexperienced....however she can not honestly think that as the only day rep, she can chose not to rep a colleague as she knows the manager!! There is no conflict of interest, how many other times is she going to refuse to sit in with people because it's that manager?  She attends as a rep, is given and affords the same respect, and is considered to be of equal footing to the manager conducting the meeting, not a subservient. Managers and reps are not pals, or enemies, once they enter that room. They are both there to debate the rights, wrongs and grey areas....( oh there's always grey areas for reps to rely on). The night rep may, or may not, be willing to attend, but the meeting has to be conducted during YOUR shift, not theirs. You should 'phone the USDAW area office tomorow to sign up...Thursday you phone to request they organise a rep to attend the meeting, as your day rep is reluctant to attend as your chosen rep.

That "BULLIN" paragraph should be interpreted for you also, as being a strong colleague.
The paragraph regarding a malicious complaint...who would decide that?? You have had this ongoing situation of which another manager is aware, hardly could be deemed fake and malicious could it?
Managers are constantly on their phones, within the time it took you to walk down the corridor, they could have spoken and this manager has taken a knee jerk reaction to protect themselves...bullying or harassment on any managers file can prove very detrimental to their career prospects.

If your PP ( people partner ) is not instore on a regular basis, then you can email them in the first instance, to state your intention, and request clarification as to whom you address it to and who, if any, you need to CC it to.
Live for today. Learn from yesterday.

barafear

I've never met my PP - then again I tend to work weekends!
I have emailed my PP on another unrelated matter - my PP was "averagely moderately helpful" - that's being polite.

There is something about requesting documents on OurTesco - it's like a "full subject access request" - so think it does go to Head Office first. I'll check up on it.

I'm just trying to create a timeline - I can show the dates of the various Lets Talks - and also the next steps "suggested" by these that "management" were supposed to have acted on - or could be perceived to be.


Redshoes

At the time of the meeting you need to sign to say you want a copy of the notes or not. If you change your mind later and want a copy you can do so but there is normally a £10 charge for this.
There is a work place stress risk assessment form. You could ask for this. However, if your relationship has broken down to such a level that you can't work with your manager you could end up being moved. Unless your manager is under-performing they are unlikely to move them. This is not your opinion on your manager, it's what they think. You may think they are the worst thing ever but it's what the store manager thinks that matters. They may decide that even if the manager is in some part at fault that they will back the manager to protect the role. It sounds to me from what I have rad that your manager is acting on orders from above though. They may not even want to do all of this, they could even agree with you but they are being told what to do. They will have to be keeping those above in the loop, that is for sure. If it was my store manager they would have already been talking to the people partner so if you do ring them they will probably know all about it.

lucgeo

#95
Have never heard of a £10 charge for a copy of the meeting notes....it should be asked at the end of the meeting do you require a copy? Where does that money go into?? Petty cash?? Is it declared and tax paid on all these £10 cash in hand payments  ??? Are you given a receipt for cash paid?
So, barafear, if they have misplaced their copy of the notes, it's £20 per page...that's what price you charge, and you'll want a cheque, for proof of income to the tax people. The loss of your notes should be grievanced as gross negligence, and investigated by the senior area PP.

If you can prove that the manager is acting on the SM instructions, then this is in contravention of the process, as the greivance is heard instore, and the SM has final decision.
Live for today. Learn from yesterday.

gomezz

I suspect Redshoes may be confusing things with the maximum £10 charge that can be made by an organisation for a Subject Access Request under the DPA.  That has nothing to do with requesting copies of meeting notes or indeed normal employer / employee relationships.
"The progress of the kart is more important than its direction"

Rad

Redshoes is talking about requesting copies of notes months or years later.  I assume this would fall into the category of subject access request rather than saying you want a copy of the notes during the process. 

I've never heard of Tesco charging for the info. 
 

Redshoes

I have known of the £10 being charged, twice. Both times was when copies of  notes were requested after a few days. I have been pondering this though and not sure we still do this but last time it was done was only about three years ago.
Your store manager is aware of ongoing investigations. They may even suggest it goes to investigation. They can't say outcome as that will depend on investigation. When an appeal is held they look at the questions and answers, the whole thing. They will only know a summery of the meeting before appeal. Part of what they look at if it goes to appeal is if process was followed, this is the reading of the notes. Then they will hold a meeting themselves. If policy not followed or by something that comes up in meeting they will decide if they stand by or override outcome. The big thing is policy being followed, by your manager during investigation and by yourself in why investigation was triggered.

lucgeo

It's more than likely the SM is aware of any investigations...however when the investigation is on the direct instructions from the SM, which many are, then that contravenes the process.
As you stated..."from what I've read, it sounds like the manager is acting on orders from above"
This happens far to often...which makes it all a farce, and the process is blatantly ignored, by management...then they wonder why morale is so low and there is so much distrust from CA's. This is also the reason good reps are few and far between now, as each meeting becomes a running battle with managers knowing the SM's got their back.  :-X
Live for today. Learn from yesterday.

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