Following Our Previous Discussions Please Accept the Following As a Formal Grievance

23rd August 2013

Dear Jane,

Following our previous discussions please accept the following as a formal grievance.

If you have any questions, I will be happy to discuss these with you.

I have been in the company 11 years and for that time I have been the primary support for EPC in Europe. In that time, I have been instrumental in building the EPC helpdesk into what it is today starting virtually from scratch, adapting to organization changes, developing new processes etc and taking on more responsibilities for the helpdesk, the product and it’s support as a whole.

I believe my performance has been solid and I have always given full commitment.
During this time there have been no major support issues, unlike many of the other helpdesks.

In 2007 Fay joined the team and there was immediately friction within the team which included 2 verbal attacks on me both related to Fay. I was advised in both cases that if I wish to pursue a formal grievance, there would be a counter grievance due to the way I responded. I didn’t feel this was fair, nor did it address the real cause but I accepted believing that the situation would improve. I ensured that I always showed respect and courtesy when dealing with team members and always backed them and supported them.

I don’t know if this antipathy is personal or driven by career and self-interest arising from the family relationship but I have offered several times to have an open dialogue to help resolve any conflict but these have been refused by management.

Ben joined the team in 2009 and initially we got on well. That started to change when Fay became Ben’s mother-in law.

There has been a constant grudging from Fay with comments such as “why is Gary invited to the meeting and not Ben?”, “why has Gary been given that responsibility?” and at times it has been a real struggle.

I generally enjoy a good normal relationship with most other associates including the wider team around me in the dept.

During the 2nd half of 2012 and into 2013 Ben’s behavior became unacceptable and I raised this with Mark Ferriss.

This has coincided with and may be related to recent changes to team dynamics, structure, responsibilities and roles.
These changes have now been presented to me as a future or imminent change.

I have tried relentlessly to seek an informal resolution to these issues but that doesn’t appear possible.

1st raised grievance informally with HR 23rd April 2013 and believe it was evident at the time that I was in a state of distress regarding the situation and the treatment directed against me. I provided a brief overview and also clearly expressed how this was affecting me and my role and how I felt bullied and excluded. You advised me to request a further meeting which I did on 24th April 2013.

HR replied that they were happy to listen to my concerns but that the meeting would not be to discuss my grievance. However the role changes and their effects form part of my grievance and I stated this again in my email. (24th April).

During the 2nd meeting with HR ( Jane Drake and Kathy Parker) Jane stated that she felt the allegations I raised were of a serious enough nature that she felt compelled to investigate further, whether I raised a formal grievance or not.

On the 2nd May I received a phone call from Jane asking me to confirm in writing that I did not wish to pursue a formal grievance and effectively ‘’stand her down’’.

This I did on the understanding that an informal solution could still be pursued or achieved.

The next communication was on the 13th May 2013 and only related to Job Description (JD) and on the 14th May Jane confirmed that she was creating a new draft JD for Mark & I to review.

On the 20th June I followed up with Jane regarding the concerns I had raised and that there had been no change to the situation and that another 2 months had passed. I again informed her that I felt bullied by the behavior and it was causing me stress & anxiety and affecting my well-being.

I had a further meeting with HR 21st June 2013 and then the JD presentation on the 26th June.
To date I have not received any notes or minutes from our meetings.

Below I have tried to capture the main points of my grievance.
Further examples, evidence and witness statements can be made available if required.

My grievance

·  I feel aggrieved by the persistent grudging by my team colleagues Ben and Fay.
I have tried repeatedly to understand what their issue with me is. I have tried through informal chats with them as well as offering an open dialogue.

·  I feel aggrieved by the behavior of my team colleague Ben, towards me, which was initially a minor flippancy but later in 2012 and into 2013 the behavior was insubordinate, disrespectful and insolent. At times, I had the distinct impression that by his actions, Ben was trying to provoke a reaction so that he could demonstratively make a point when I did react. There have also been comments such as “sometimes it’s better to look for something new”. Following our meeting on 21/06 Ben remarked to a colleague, “The shite cloud will soon be gone” in clear reference to myself and on my Birthday 25th June, hung a Happy Retirement banner above my desk.
I do not view this as general office banter, especially given the situation in the office.
Following the removal of the reporting line Ben’s attitude towards me has not changed. If anything he now feels justified because he doesn’t report to me anymore. Most days I don’t even get a “Good morning” from Ben and we can go the whole day without talking at all which further promotes an air of stress and tension and is not conducive to a normal working relationship. The atmosphere in the office (between the team) has at times been unbearable.

·  I feel aggrieved that I reported this behavior to my line manager repeatedly over several months starting in 2012 and in my view, nothing was done about it and it was allowed to continue.

·  In our meeting 26/06/13 It was then mentioned that the issue with Ben’s behavior should be handled separately. Mark stated that he now viewed my grievance as official.
He confirmed that he had hoped to resolved this quietly, but that “we have had the same conversations over half a dozen times.”
Why did I never receive feedback within 28 days? (Ref, Grievance Procedure 5.1)

·  I feel aggrieved that dotted line reports were removed without prior notice or explanation of how this would affect my role in relationship to Ben and John Rein. Given Ben’s reported behavior, failing to inform me was bound to lead to further friction.

·  I feel aggrieved that recent changes to team dynamics, structure, responsibilities and roles. Implemented in Jan 2013 and April 2013 were not clearly communicated to me despite having a direct impact on my role and responsibilities.

·  These changes have now been presented to me as a future or imminent change.

·  The proposed new JD does not in my view fully reflect the position or responsibilities I have had or assumed to have. Together with Mark’s explanation it is obvious to me that this whole proposed change has been designed to strip me of any seniority or authority, which I perceive as a demotion and unjust. I view the decision to restructure a direct consequence of the grudging behaviour from Ben & Fay or any grievance expressed against me by them.

·  The presented JD does not reflect a future state but one that has already started to come into force at the beginning of 2013. These changes were relayed to the other team members but not me.

·  Following the introduction of the changes I no longer have any input regarding daily operational matters and Ben and Fay have effectively been working as a 2 man team, I assume under Mark’s direction, redistributing roles and responsibilities between themselves, providing training to each other and excluding me almost entirely.
Not only have I been excluded by Ben & Fay but also by my Line Manager. In fact in the 6 months since the changes were first introduced Mark Ferris has hardly spoken to me. This has exacerbated my feelings of being shut out, excluded, ignored and feeling very isolated.

·  I believe this exclusion and behaviour intentionally prevented me from performing my role as I perceived it and left me very uncertain as to what my role was. It also left me feeling insecure and anxious regarding my position and future within the company.

·  I believe my role was viewed by many, including directors, as a senior role for EPC support in EU with responsibilities over the technical support as well as product support, working as part of UK team and various teams/groups in Richfield, US. Involved in high level strategic and operational discussions as well as process and product development.

·  In 2009, the whole team at the time reviewed the roles of responsibilities of each team member and these were communicated to the team.

·  I was encouraged to take more responsibility and ownership of EPC support both verbally and in year-end reviews, which I did but this was never recognized officially in a JD nor did I receive support when this caused conflict with other team members.

·  2011 & 2012 pcp reviews show I did step up to the plate to ensure operational success and that I did play a significant part.
“I can't imagine where we'd be without Gary running the plays.” – John Rein
“Gary is the lynchpin of the European EPC team. I would like him to take on more ownership of this entire project.” – Mark Ferriss

However the behaviour and actions directed towards me during 2013 do not reflect these views.

·  The new structure combines the activities of the Administration team with the Technical Support team. Historically this has been the cause of previous tensions. It is not entirely clear from the JD what the Administrative responsibilities are or how they will be distributed between the team.

·  I do not feel that the proposed changes present a fair or satisfactory solution. The proposed structure is only detrimental to my role.

·  During our meeting 26/06/13 Mark stated that he does not understand the difference between Technical Support and Product Support and therefore removed Product Support from my role.
I started to explain some of the differences and responsibilities of Product Support to which the reply was “You’re telling me that Ben shouldn’t be involved in that, only you?”.
It has never been my intention to prevent anyone from dealing with requests from customers or forwarding ideas, but to respect my position and responsibilities as Product Support Specialist, officially awarded as part of a promotion in 2007 and which was primarily to provide extended assistance to the Product Management team.
Ben has never been awarded Product responsibilities or the title of Product Support Specialist.

·  Mark also stated that he did not want a conduit through channels, however past efforts of various teams has been to create focal points and conduits in order to provide more focus and less churn.

·  Mark stated that when he took over the group, there was no structure to the team and a level playing field. He viewed my role and Ben’s role as equal and Mark later disputed a reporting line between Ben & myself even existed.
I disagree with this statement entirely. There was clearly a documented reporting line between Ben & myself and my overall involvement with EPC has always been at a higher level.

·  I also have no confidence anymore that any grievances or disputes arising with the new team structure will be dealt with fairly or that the grudging will cease. I have concerns that a 3 man team where 2 are family related would not provide me with equality within the team.

·  I feel aggrieved that no solution has been considered whereby I would retain a senior position despite providing you with what I believe the future structure of that dept. may resemble.

·  I feel aggrieved by the addition of Ford IDS German language support in April 2013, without prior notice or training and the paltering from Mark Ferriss and Andy Collins that ensued when I asked to be removed. Mark Ferriss denied any knowledge and blamed a possible error by ATS. Repeated requests for removal ignored despite advising Mark that I did not feel confident enough with my language skills, I was not employed as a foreign language speaker and that I had no knowledge of the products or processes. I asked more than a dozen times, even explaining how it made me feel and yet still my requests were ignored. This increased my feeling of being bullied and intimidated.
I eventually discovered Andy Collins has the ability to administer call vectors so I approached him to remove me from the German IDS vector. His reply was “It’s about being a team player”.

·  I no longer feel I have a fair chance of promotion within the team/dept. following comments and actions by Mark and by the other 2 team members.
For example, I was told by Mark Ferriss during my year-end review “I can’t make you manager because I would have a rebellion on my hands.”

·  There appears to be a general acceptance that Ben and Fay’s behaviour is in some way justified by grievances that they have against me, however I do not feel I have had a fair opportunity to address any such grievances or been provided any specific details.

·  All tasks related to the new infrastructure and which I deem essential skillsets for any senior position (or future position) have been given to Ben (Talisma, Dashboard reports, phone systems).

There has been a lot of emphasis placed on Ben’s development recently and ensuring that I transfer knowledge, whilst my development plans came to an abrupt end.