A new working relationship that was over before it officially started

Business development manager Asif certainly was not looking forward to a fresh start when new owners were preparing to take over the business where he worked.

He had been warned beforehand by his manager that following the official takeover ‘there would be big changes.’

 Asif, who had been in his role for three years, was told his agreed working hours and flexible working arrangement would have to change.

 It was made clear to him by his manager that the new owners had looked at the business and were not prepared to continue with the arrangement when they officially take over.

Worried Asif reacted immediately by raising a grievance alleging he was being bullied and intimidated to change his working hours.

 An independent HR advisor, who it is understood was hired by the new owners, was appointed to hear the grievance.

 Asif was invited to a grievance hearing and given the opportunity to explain and detail his complaint.

He exercised his right to be accompanied at the hearing, and took a colleague with him to the meeting.

Asif explained what he had been told by his manager and insisted that as it would be a TUPE transfer his working hours should not be changed.

Asif’s grievance was rejected after his manager, interviewed as part of the grievance investigation, said he did not recall making the comment, and expressed his unhappiness that Asif had involved him in the matter.

When Asif contacted our Employee Support Centre and spoke to our representative, he explained what happened next.

About two weeks after the grievance hearing he was called to a meeting with the same HR advisor who conducted the grievance process, and another manager.

Shocked Asif was told he was being suspended from work for making false and malicious allegations against the new owners and for  bullying his manager.

Asif had admitted his relationship with his manager had been strained after the grievance, and that although he had remained professional at all times, he had not gone out of his way to be friendly to his boss.

At the time when Asif first spoke to our representative he had been invited to a disciplinary hearing.

The letter inviting him to the hearing warned the allegations could lead to dismissal.

Asif was understandably concerned but felt reassured after discussing the case with our representative, and being told he was being treated unfairly.

He explained how following the grievance he had lost trust in his manager and the company and so had started looking for a new job.

Asif was keen to leave on his terms, avoid being dismissed and he was adamant he wanted to attend the disciplinary hearing to have his say. 

It was discussed and agreed with our representative that they would approach the hearing with a view to trying to reach a settlement agreement.

Prior to the hearing our representative had reviewed the manager’s witness statement, which was the key piece of evidence against Asif, and used it to undermine the disciplinary case.

Our representative focused on and highlighted the fact the manager simply said he could not recall telling Asif his hours would change.

It was pointed out that it was not a categoric denial, and therefore suggested the conversation did take place and the manager had simply forgotten it.

It was pointed out by our representative that the manager said his relationship with Asif changed after the grievance, but did not explain or evidence how or why it could possibly amount to bullying as alleged.

Our representative was strong in his assertion that the treatment of Asif was grossly unfair.

The hearing was told the company had acted in a manner to cause irreparable damage to the working relationship, which had resulted in Asif losing all trust and confidence in the business.

Off the back of this our representative initiated a discussion about a settlement.

Discussions and negotiations took place over the following week before a favourable agreement was reached that Asif was delighted with.

By the time he eventually signed the settlement agreement, he had secured a new job, with acceptable hours, and a slightly increased salary.