A Human resources department (HR) won’t always be on the side of the employee if there are work problems. This could be for a variety of reasons, but in some cases, it may simply be because your HR department is ignoring you. If your company’s HR team aren’t working with you to solve your issues in the workplace, maybe because of poor communication or because they’re actively taking the side of your employers to appease management, then there are other options open to you.
Naturally, there will always be clear cut issues that HR have to deal with, such as staff not being paid the minimum wage, incorrect pay, or wrong number of hours worked being recorded. In these scenarios, your HR team should be objective, stick to the law and focus on the terms agreed to in your employee handbook and employment contract. However, it could be that HR is not on your side because you are in the wrong. It can be difficult with HR issues to take the emotion out of the situation, but you need to look at the facts objectively.
When the HR team at your workplace isn’t functioning as it should, there are other options to have your case heard properly. We explore some of these below, discuss your employee rights, and provide some guidance on taking the first step to seeking legal advice.
From the business owner/employer perspective, it’s also important for you to know what your employees can and can’t do when HR isn’t on their side, so you can respond to employee complaints accordingly.
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Know Your Rights As An Employee
Many employees don’t realise that they have a number of key rights, and you don’t need to consult a law firm or legal professional to understand and exercise these. If HR are not on your side, then there are three key rights you need to be aware of:
The Right To Not Be Dismissed Unfairly
In employment law, you have the right to not be dismissed unfairly or face retaliation from your employer. The HR team might place additional pressure on you if they’re on the side of the employer. They may simply be trying to get rid of the issue by dismissing you and hoping you’ll go quietly. This approach is unusual, but it can happen.
However, you can’t be punished or sacked for no reason. Any action against you can only be taken based on clear evidence and with good reason. If your employer alleges misconduct against you, they’ll need proof. If you didn’t behave in a way that constitutes misconduct, you have nothing to worry about. If unfair dismissal arises because of you raising a legitimate HR concern, such as discrimination or unacceptable conditions at work, then you can take action against your employer for their attempts to get rid of you without cause. The penalties for the employer can be severe.
The Right To Challenge Decisions Against You
You have the right to challenge any attempt by your company to demote or sack you, or if they take disciplinary action against you.
In real terms, this means any action against you can’t be completed without your consent. You’ll need to sign paperwork accepting any demotion or disciplinary action, and if you don’t recognise the action being taken as fair, you can refuse to sign and challenge your employer’s decision by making an official complaint.
The Right To Take Legal Action
As an employee, you have a right to take legal action against your employer if they haven’t treated you fairly. Any breach of your employment rights is a serious issue and an example of clear failure on behalf of the HR team in workplace relationships. This breach can be challenged in an official legal manner – but this should be used as a last resort, as taking your employer to court can be costly and may leave you in a difficult position. Always try to resolve a problem informally first.
Going Over HR’s Head
In the UK the the Department for Work and Pensions is tasked with dealing with issues where HR in a workplace are being unreasonable. You can also turn to Citizens Advice to find a route forwards, too.
Always try to find an informal resolution with HR first; bypassing HR should be a last resort, and a resolution should be sought internally first. Start by simply following the chain of command at your workplace. If a HR team member is being difficult, take the issue to their supervisor or manager. If they’re difficult, take it to the head of the department, then a director, and so on.
It’s important for employees with complaints to keep taking the issue higher up the organisation so that if the matter ends up as a legal dispute, you can demonstrate that you did everything possible to make the company aware of the situation.
If you’re part of a trade union, then contact a union representative to make them aware of the issues. A union rep can support you and give you further advice. Speaking on your behalf at key meetings as part of a formal process to resolve the issue is also something a union rep can do.
Tips For Dealing With A Difficult HR Department
Remain Calm and Professional
It’s important for you to remember that your HR department deals with complex issues and complaints every day. Be patient and professional when working with them. Whilst it will inevitably be frustrating if you feel HR aren’t being cooperative or fair, becoming defensive and losing your professional head won’t help the situation at all.
Your best bet is remaining friendly and talking to the HR team with empathy to try and get better results. Often, HR staff will be helpful, even if it doesn’t feel like it at that moment. It might be that they are simply struggling to understand your side of the story. Try to be understanding and explain your situation calmly; ultimately, it may resolve the issue faster.
Consider Early Conciliation
This advice is great for both employers and employees. Sometimes it’s simply best to cut your losses in business, and if an offer is on the table to deal with a grievance, even if that offer isn’t quite what you were expecting, then it may be worth accepting the solution to maintain a manageable working relationship.
HR won’t always be on your side in every situation, but if they’re able to offer a solution then it’s certainly worth considering it. Remember, unless you plan on finding another job, you will have to go back to work with the same colleagues and HR department on Monday morning.
Escalate Where Necessary
It’s important to know your worth at work and to know right from wrong. If you truly believe that HR are being unreasonable, then you should be prepared to escalate the matter where necessary in order to ensure your situation is dealt with fairly.
Know the chain of command and be prepared to escalate the issue up that chain when you feel you’re being genuinely disadvantaged by an unfair HR department decision.
Keep Records Of Everything
When dealing with an unhelpful HR department, you should always save the paper trail so you can prove what went wrong in the event of any later employment tribunal hearing or legal proceedings.
Keep copies of emails, memos and any other written correspondence that arise from your dealings with HR and management. Make a note or record conversations and phone calls if your company is threatening you or trying to ignore your rights.
It’s also wise to keep any documentation from employees who have been involved in similar situations as this can help to show a pattern of misconduct and illegal retaliation on the part of the company. The more records and documentary evidence you have, the stronger your case. Good quality evidence is key and will encourage a proper investigation of your complaint and a fair decision.
Consider Legal Action
If you still do not get the help from HR that you need, or you are in a situation where they are in violation of your rights, you may want to consider seeking legal advice from an employment lawyer or other legal professional.
If you feel like you are suffering discrimination, then consulting a lawyer will help to protect your interests and secure a just outcome. A lawyer will review their client’s details and decide whether pursuing legal action would make sense given the circumstances. Consultation fees vary significantly depending on the law firm’s reputation and how complex the issue is to resolve, so make sure you shop around and always agree to a costs schedule in advance.
Final Thoughts
Sometimes, the best thing you can do is to look for a new job. Not every company or HR manager is necessarily out to get you, but if they don’t have your back in difficult situations, it might just be time to find a new employer where you’re valued and respected. Ultimately, whatever happens, remember to follow the advice in this guide. It will help to make all your dealings with difficult HR departments a lot easier.
