Advice needed

[Ader1]

I do work as an HGV driver with some Health and Safety responsibilities. Yesterday I had taken a load out and returned to our company site. Our site lead was off for the day and another driver was asked to just stay on site to do some fork-lift work. I needed to load for the second 'run' of the day. I unloaded by vehicle of empty containers from the first load and loaded for the second....The employee asked to stay on site was nowhere to be seen. He was inside the building drinking coffee and talking to the secretary as he always does. I had finished loading, and he appeared. I was unhappy that he hadn't helped and I asked him if there was any particular reason for him to to help. He replied "Why are you *** whingeing about". Something like that. A bit of an argument ensued and he said that he wanted to meet me outside the yard gate after work. There are cameras on site so it's evident that he didn't help in any way. He also had a long lunch....much more than the 45 minutes he needed for his daily break so he wouldn't be able to argue that he was taking his break during when I was loading. In fact, on that day, he turned up at 8 am but his friend and clocked him in at 7 am. And that wasn't the first time this week.

I am thinking of making a complaint but I know that the site lead will say that the 'threat' was his word against mine. Another employee also recently complained about him and nothing was done after he had been aggressive towards this other employee. We are supposed to work as a team but this person only works with two others. We are a five man team. So we are basically two teams. It's fine until say the person I help is off then I am left to work alone which is difficult. I had tried to help them but they won't reciprocate and I know that this person is behind the lack of team-work. It's the threat of escalating it to violence which is a red line for me. This has been going on for a long while and I've told our site lead about it but he has said that it's an issue which existed before he came to the company so he washes his hands of it.

I work for a large company with a HR department. They only thing I am concerned about is the site lead who is more of a 'friend' to the other group of workers than he is with others. I sometimes wonder if he's just intimidated by them. Any advice much appreciated as I feel I am too involved to think very clearly on this issue.

[Alexis]

Hi Ader. Sorry to hear the difficulties you are experiencing at work. It's dreadful to know what is the best solution when we have such concerns.

Unfortunately, sometimes just one person can upset a whole team and sometimes that one person also seems to be getting away with non-teamwork by bullying/intimidating for such a long time that no-one has taken it to HR who may be completely unaware of the problems. Seems to be the case with your scenario. I do wonder if this person is family of a high up boss! Of course this is no excuse for threatening behaviour!!

My own personal thoughts would be to use your company's grievance procedure process, which by all accounts you have initially done by trying to discuss your concerns with your site lead. I would imagine this would be the first line of contact for such things.

If it were me personally.......I would discuss again with your site lead explaining to him/her that if he/she cannot assist with your concerns, then your next stage is to use the Company procedure process leading in the direction of HR. That's why we have HR.

I do know this is not the road everyone would go down. It depends a lot on what our individual natures' can handle. It can lead to much more stress and anxiety.

I suppose you have two choices Ader. I cannot see an amiable discussion taking place between you and this perceived bully-type colleague coming to some sort of agreement to take forward, therefore you have to avoid confrontation with him and carry on as you have been or..........
You go down the procedure path towards H.R. once you have spoken again to your site lead.

P.S. Just for information: I too had an Assistant Manager who tried to Constructively Dismiss me by foul means some years ago (before HSWA) and I went the whole hog to the CD court. It really isn't for the faint-hearted in my opinion, but things are different today. HR are there for just such work-related difficulties and H&S laws are there to protect us. No-ne should be afraid of being beaten just for going to work! I took the procedure route and the "offending" person was removed from my place of work.

Good luck with whatever you decide Ader. It has to suit your safety at work.

[Ader1]

Thank you for your reply Alexis. I did go to my site lead and he said that he would speak to the other person. I spoke to him on Monday. He hasn't mentioned anything about it since then. I wouldn't be surprised if he simply hopes the who issue will just go away. I am considering writing him an email detailing what I said verbally and send a copy to his work email address and ask his in the email what steps he has taken to deal with the matter. I will then have written proof that I have informed him of my concerns. I'm learning that he's quite a slippery fellow. A couple of months ago I asked him if our area manager had spoken to him about giving me some further Health and Safety experience which the manager said he would. And his reply was "I have no recollection of him saying anything to me"

[Alexis]

I don't see it doing any harm just to send a polite email regarding your conversation with an added note, that you would appreciate any updates he may have.

I do hope things change for you Ader1 and soon.

[Ader1]

The manager basically said to me that it was a case of my word against that of the other person. And the other person claims I was the aggressive one.

[Ader1]

Update....Someone else has made a complaint about the same person who had threatened me. But the person who has made the complaint is leaving and has found another job. So it's fine for him. There's a manager from some other site visiting our site next week to conduct and investigation. Do people here have any experience of what happens during these investigations? Do they conduct individual interviews?

[Alexis]

Good Morning Ader. This must be very stressful for you, however, my own thoughts would be that it is an opportunity for you to give your concerns to the Manager that is conducting the investigation when he/she arrives.

With someone else complaining, whether they leave or not, your organisation is doing what is appropriate now, by investigating both complaints according to their rules within their grievance procedures.

There's a manager from some other site visiting our site next week to conduct and investigation. Do people here have any experience of what happens during these investigations? Do they conduct individual interviews?

You will find what happens in an investigation for your organisation if you look at your Contract of Employment Ader. There should be a bit that states Grievance Procedure. It will be laid out how they go about it.

In my experience, part of the grievance procedure would be interviewing the person the grievances are made against and both of you who have made such, but don't panic about this! It should be done by someone independent, (which it does look like it will be) and it provides an opportunity for all parties to state their thoughts.

In preparation for your own part in this, write down in a list (numbering to keep it easy to read) what your concerns are and also, write down a list against your grievances as to what you would like to be done for your own (and company) benefits for a safe and healthy working environment. By doing this, you can refer to it when in the interview. Speak up remember without getting angry and defend yourself politely if you feel it necessary, so that you can all come to an amiable solution. You are entitled to be able to speak your thoughts without repercussions.

From what I can read in this thread, it certainly sounds like you have complied with all procedures, including your first complaint to the correct next in line of the organisation.

One last thought. You can take someone into the meeting with you, so think about doing that and organise someone who can sit in for back-up later on should it be needed.

Please do not worry! This meeting is for your benefit.

Good luck Ader.

[Ader1]

Thank you. I'll keep you posted.