Can they even do this?

[GlasweJen]

To Whomever It May Concern,

The events of the last few weeks have caused me to reconsider my position within the company. Since submitting a formal grievance to head office (received on 30/07/2007) I have found my treatment within the unit has changed. I have been subjected to, what I feel is, very unfair treatment examples of which are:

• Being summoned to unscheduled meetings at no notice, with no real outline of what is intended to be discussed and no opportunity to invite a fellow member of staff

• A cut in the amount of hours I work per week which (I was told by **** on two separate occasions and **** on one occasion) was directly related to my requesting breaks during a shift of more than 6 hours. It was pointed out to me that I would automatically be disqualified for a break if I did not work a six hour shift.

• I have been treated unfairly when hours are assigned, where other are being given more shifts I have had 2 shifts that I would normally work deducted in the most recent pay period (the four weeks prior to 07/09/2007).

• Details of my complaint, which I did not disclose to any members of staff, are now subject to gossip amongst staff members, one supervisor even told me that I was going to be fired for writing my initial complaint, I would normally dismiss this as speculation and an attempt to get some gossip but I had good reason to believe her as she has a relationship with a member of the management team.

• I was questioned about a previously disclosed medical condition (which I feel is a disability as defined by the Disability Discrimination Act) during my shift on **** when I was serving at the ***** and members of the public were within earshot. I do not feel that my Neurocardiogenic (Vasovagal) syncope is an issue at work but should it be perceived as such it is a matter that should be discussed in a private area of the ****** and when I am not busy doing the job I am paid to do.

I feel the above is unfair because:

• I have no record written or otherwise aside from my own account regarding what happened and what was said at these meetings which I found intimidating and, during the second meeting, I felt bullied and victimised because of my learning difficulty. I was told by **** during the meeting that I would receive an account of said meeting and a reply to my initial letter by post but I have received no communication from head office to date.

• I was not asked if I agreed to the change in contract that comes with cutting my working time. I requested breaks because they are a statutory right secured under the Working Time Directive which states:

“(1) Where an adult worker's daily working time is more than six hours, he is entitled to a rest break.

(2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.

(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.”

• As a result of my hours being reduced and of the unfair treatment I received when shifts were being allocated I received a lower wage than usually, this has led to some financial hardship this month.

• As a result of a leak in information my grievance, which I believed to be confidential, I am now a topic of gossip in the work place, I have been interviewed by my line manager who was concerned as she heard some of the escalated theories and was concerned for myself and for the company. I also suffered emotional distress at the prospect of losing my job and finding out from another member of staff before I had even been spoken to by a manager. I realise now that this was nonsense but this member of staff should not have known enough to think that my complaint to speculate on these matters.

I feel that I was asked to prove my suitability to work as a result of my complaint and I find this completely unacceptable and unjustifiable, I would like for ***** to provide evidence that there was reason to suspect that my medical condition had deteriorated to the point where I was unfit to work. (Appendix #2 details my unscheduled absences due to sicknessfrom work for this month)
I would like to point out that no one questioned my suitability to continue work when an episode was triggered by staff carelessness during my shift on Friday 27/07/2007. I was exposed to an open bottle of alkyl nitrates (see Appendix #3) when standing at my work station, the management team seemed entirely disinterested, no one asked me what had caused my episode and I was not given a chance to properly recover, instead I was pressurised into returning to work as soon as I could physically stand up, I was not taken to a quiet area to recover and I had to arrange for a trainee to cover me so that I could go get some air. This incident was not recorded and did not come to the attention of the General Manager until it was brought up at a managers meeting the following Monday and I have reason to believe that no paper work was filled in to record the incident nor it’s subsequent mention and the management meeting.

I am handing in my notice tonight as I cannot stand to work in an environment where I feel like I am constantly being watched for my next step. I am a topic of gossip and this had me reduced to tears when ***** spoke to me about it in the office on 05/09/2007. I feel that my NCS has been exploited in order to make me stress more and that I would not be getting asked to justify my right to continue working with a disability had I not filed my original complaint.

I do still require that **** correspond with me on the matters outlined above and in my previous complaint, parts of which are yet to be addressed. I expect a written reply to both of my letters to my home address within 14 days or I shall be contacting the Department of Work and Pensions as advised by a representative of ACAS. I shall also be in contact with the Disability Rights Commission. Please refer to Appendix #1 when contacting me.

Yours faithfully
Jenschnifer

So that's that, I gave them 14 days to reply, is that enough time? My initial grievance was sent almost 6 weeks ago now!

[GlasweJen]

I should clarify, appendix one was a letter i sent a few weeks ago stipulating that i wanted communications to be in writing only, appendix 2 was a list of sick leave this month and appendix 3 explained what alkyl nitrates did to the body and the affect they would have on someone with NCS.

[tiglet]

If you're not an union member, i think it would be extremely useful to get some legal advice now. Would seriously recommend getting in contact with an employment lawyer.

[GlasweJen]

I'm not a union member and I don't think i can afford a lawyer so i'm stuck in that sense, is it possible to get legal aid for this sort of thing?

[tiglet]

Not sure, to be honest - however, have you checked your home insurance policy? You may be covered.

Would certainly be worth paying for an initial consultation and advice if not.

[GlasweJen]

we only have a contents insurance as the actual house is owned and insured by the landlord so nope, home insurance = no joy. i'll look into legal funding but failing that i shall have some cash around the start of october when the funding for my course kicks in.

[tiglet]

some solicitors do a free half an hour consultation - might be worthwhile ringing round to see if anyone local to you does this.

[GlasweJen]

I found a legal drop in facility near me that offer advice on employment tribunals so I'm getting my stuff together and going to see if I can get an appointment.

[tiglet]

excellent - let me know how you get on.

[gemspan]

Hi there

You may be able to get legal aid for this as you are a student. Good luck. Im sorry to hear it had to come to this but unfortunately that seems to be the case in so many circumstances these days.

Kind regards
Gemspan

[GlasweJen]

well I called up the advice place but it turns out that their legal advice funding got pulled a few months ago so no one could help me. I've got the number for the scottish law society but from what i can gather from word around the internet you can't get legal aid in scotland for employment tribunals i'm going to pick up an ET1 form at the tribunal place as it's not too far away, maybe someone there can point me towards some legal advice. I'd call CAB but they take forever for appointments

[tiglet]

If you want to pursue thsi (which i would, if I was you) it might be worthwhile stumping up for the initial appointment to see if you have a case in law. Explain your financial circumstances and that you really just need pointing in the right direction at this stage.

[witchiepoo]

Have just started to read the first posting in which you say should you fight. I am in a similar situation owing to a bullying at work. My first thought like you was to resign and just walk away as I didnt want the aggravation that I thought a complaint would bring. But I then started using this site and was amazed at the support and knowledge of other people. Do as I am doing go for it dont let them win, lets face it at the end of the day even if we lose we have the satisfaction of knowing we at least tried. As my husband always says "Dont get mad, get even". My story is posted under NHS and also under Employment on this site.
Chin up, good luck and keep fighting
Regards
Witchiepoo

[GlasweJen]

Got a phone call from one of the managers today who said she didn't know I was quitting and i didn't have to work my notice but it was nice of me to offer. Now I'm not sure what to do because i worked part of my notice and i'm not psychic so i dont know if they'll pay me my notice, do i write this on the ET1 form?

ETA the manager almost certainly would have known as there is a management meeting every Monday.

[witchiepoo]

If I were you I would write it on the form better that than they say at a later date it should have been noted. Also have you written down everything that has been happening to you in a formal statement even if it is only for your own benefit, I have and was suprised that it ran to 5 pages.
Regards
Witchiepoo

[gemspan]

Hi there

The other thing I would do is to send a letter to the manager concerned detailing the conversation. Advise that you want to work your notice because you want to get paid. If they dont want you to work your notice then you will expect to be paid as the contract works both ways.

Good luck
Gemspan