Human resources (HR) won’t always be on your side when you’ve got an issue at work. This could be for a variety of reasons, but in some cases it may simply be because your HR department is simply ignoring you. If your company’s HR team aren’t working with you to solve issues in your workplace, either through poor communication or because they’re actively taking the side of employers over workers to appease management, then there are options open to you.
It could also be that HR are 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 try to. When you look at the situation objectively, do you feel differently. Of course, there will also be clear cut issues that HR have to deal with, such as not being paid the minimum wage, wrong pay, or wrong number of hours worked being recorded – in which case, your HR team should be objective and stick to the law and focus on the terms agreed to in the company handbook and employment contract.
Where the HR team at your workplace isn’t functioning as it should, you can find a way around them to have your case properly heard. Below we’ll explore those options, your employee right, and provide some advice around seeking the legal advice you need.
As a business owner/employer, 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 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 employment lawyer to understand and exercise those rights. If HR are not on your side then there are three key rights you need to be aware of:
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 and are simply trying to get rid of the issue by dismissing you and hoping you’ll go quietly. Such a corrupt approach is rare, but it can happen.
However, you can’t be fired or punished for no reason. Any action against you must be taken with clear evidence and a good reason to do so. If they allege misconduct against you, they need proof, and if you didn’t behave in a way that constitutes misconduct, then you will be fine. If this comes as a result 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.
Right To Challenge Decisions Against You
In recent years, employees are becoming more savvy to their legal rights, and a key one to bare in mind is that you have the right to challenge any attempt by your company to fire, demote, or otherwise take any disciplinary action against you.
Practically speaking, 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 on the matter.
It gives you the power to appeal any decision being taken against you, allowing you to make an official complaint.
Right To Take Legal Action
As an employee you have a legal right to take legal action against your employer if they haven’t treated you fairly. Any breach of your employment rights as an employee is a serious issue and is an example of clear failure on behalf of the HR team at your workplace.
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.
Going Over HR’s Head
In the US there’s the United States Department of Labor who is tasked with dealing with issues where HR in a work place are being unreasonable. In the UK, we have the Department for Work and Pensions, but you can also turn to Citizens Advice to find a route forwards, too.
This should be the last resort, however, and a resolution should be sought internally first. In the first instance you should simply follow the chain of command at your workplace. If a HR team member is being difficult, take the issue to their 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 and higher up the organisation so that if the matter ends up as a legal dispute, you can show 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 you’re having too. They can support you, give you further advice, and even attend key meetings to ensure everything is above board.
Tips For Dealing With A Difficult HR Department
Stay Professional
It’s important for you to remember that a HR department is dealing with complex issues and complaints every day. Be patient and professional when working with them. Whilst it will inevitably be a frustrating time for you if you feel HR aren’t being cooperative or fair, but getting 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. More often than not, the HR staff will be trying to help you, even if it doesn’t feel like it in the moment. They may simply be struggling to understand your side of the story. Try to be understanding and explain your situation calmly, and you might find yourself resolving the issue faster. Remain professional and calm throughout.
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 the issue, even if that offer isn’t quite what you were expecting, then it may be worth accepting the solution for a peaceful life.
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 in order to make your experience at work a more positive one.
Escalate Where Necessary
Continuing on from the point above, it’s also just as 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 justice is done.
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 legal proceedings that may be necessary.
Keep copies of emails, memos and any other written correspondence relevant to your dealings with HR and management. You may even want to consider recording 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 will 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 more wary HR will be to try and do something underhanded like dismissing you without cause or making false accusations against you in court.
Keeping good quality evidence is the key to ensuring any HR complaints you make have to be properly investigated to ensure 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 similar role.
If you feel like you are being in any way discriminated against, then consulting a lawyer will help to protect your interests and secure a just outcome. They will review all of the details about your case and decide whether or not pursuing legal action would make sense given the circumstances. Consultation fees can vary significantly depending on the attorney’s reputation and how complex the issue is to resolve, so make sure you shop around.
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 company where you are valued and respected. Whatever ultimately happens, follow the advice in this guide, and it will help to make all of your dealings with difficult HR departments a lot easier.
