Can they even do this?

[GlasweJen]

So it's official, i'm taking on the boss and it looks like i'm going down the tribunal route. At the moment should I give up and walk out i have a pretty darn good case for constructive dismissal.

Since I made my initial complaint (recieved by head office on 30/07/2007) I have had 2 meetings called during my shift with no prior warning, everyone else in the unit has had a pay rise but i have not been told of this even though on the day the raise was announced I was in one of the meeting with the big manager and someone from HR. I have also had my hours cut as a direct cause of the meeting and in the 2 weeks since the meeting occured i have been told not to come in to work for 2 days (1/3 of my shifts) as i am to "go and enjoy the festival". Now my grandfather died at the end of june and was buried 2 days before my birthday, had i not requested my birthday off i would not have been given time off. My best friends mother died the next week and i was denied time off to grieve despite calling the office in tears before my shift as i was gutted to lose 2 people so close to me so close together. At the end of July when my grandmother died I did not even bother to mention it to the managers as they never cared before, the day after my grandmother died i told my manger in one of the meetings that i needed time to think as my grandmother had just died, he said he was sorry for my loss but kept the meeting going.

Now I have no choice but to keep at the tribunal path. I have ordered a DL56 form from the disability rights commission and have already asked my doctor for a statement regarding my disability. I am hoping to get them on failure to make a reasonable adjustment under the disability discrimination act, for refusing to provide training because of a disclosed disability, for failing to provide breaks for members of staff who work 6 hours and for failing to pay staff for the entire length of their shift. I also hope to get them for cutting my hours and my days at work because i submitted a grievance to head office.

I've studied employment law inside out for this so i'm hoping I'll do well at tribunal, but i have to give 28 days to fill in DL56 form, i hope it goes well .

Jenschnifer

[gemspan]

Hi there

I have had a look through your back posts but cant seem to find the details of this case. I have taken an employer to the Tribunal years ago and it wasnt as daunting as it seems. The employer actually paid up prior to the tribunal. If you want to pm me I would be happy to help and give moral support to you.

Kind regards
Gemspan

[GlasweJen]

hey thanks gemspan, my initial writings are in the general section, mostly just ranting, how do i link to it?

Payment issue
that's the first set of posts on this.

[GlasweJen]

so these are the letters getting sent to head office soon, we'll see how they swallow these lol.

To Whomever It May Concern,

It has come to my attention that members of staff know details of my complaint received by head office on the ****, as I did not divulge the nature of my complaint to members of staff at my unit I can only assume that information was passed from a member of the management to someone in the general staff.

As a result I have become a topic of gossip within the unit, in order to prevent this problem escalating I now refuse to discuss anything remotely personal or confidential at the unit. Any correspondance with me will now be in writing from head office and I would be grateful if no more meetings were held at the unit regarding myself or my complaint.

I will not acknowledge any attempts to correspond with me on the telephone (home or mobile numer), any emails sent to my ****account or my home email accounts or any other method of correspondance which is not a letter sent through the Royal Mail.

Yours Faithfully

To Whomever It May Concern,

I am writing further to the meetings held with myself on the ***** and *****. At these meetings I was told my hours were to be cut by an hour per week as a result of a complaint made to head office. I explained in the first meeting that I requested a break for two reasons the first being that I was entitled to a break under the Working Time Regulations 1998 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.”

Due to the monotonous nature of my work and the repetitive movements of my shoulders during shift I believe I may be at risk from repetitive strain injury and so I feel I would also qualify for a break under paragraph seven of the act which states;

“Where the pattern according to which an employer organizes work is such as to put the health and safety of a worker employed by him at risk, in particular because the work is monotonous or the work-rate is predetermined, the employer shall ensure that the worker is given adequate rest breaks.”

I also feel that I am entitled to a break on a six hour shift due to a long term medical condition which I feel is covered by the Disability Discrimination Act which calls for employers to make reasonable adjustments for disabled employees. I think that it is perfectly reasonable for ***** to provide a break for me to assess my heart condition which I cannot feasibly do while at my work station. It would particularly benefit me as I could take a reading of my blood pressure, something that would pinpoint if I am at risk of a syncope and allow me to take preventative measures before things progress to a full on blackout.

Since my meeting with **** it has also come to my attention that my days have been cut. Where I have always worked Wednesdays, Fridays and Saturdays with the odd Sunday for a special event in two weeks I have had one Friday and one Saturday shift taken away from me. I feel that this is a direct result of my complaint as the original version of the rota for the week beginning Monday 06/08/2007 showed that I would work my Saturday shift as normal. It wasn’t until Wednesday when I accessed my schedule through ***** I saw that Saturday was not showing and asked to see the rota again, although my line manager ***** could not find the revised rota she informed me that time off was being given to allow workers to attend the Edinburgh festival. I find this reason to be flimsy and without merit as I am not the least bit interested in the festival and if I was I would request time off by filling in the request form as normal.

It was quite insulting to me to be given time off for this reason when I was denied time off in June and July despite losing my grandfather on the 27th June and my best friends mother on the 16th July. I was given only one scheduled day off during that period (Wednesday 4th July) and it was quite fortunate that I had already booked time off for my birthday as I was informed we were chronically understaffed and no one was getting any time off. Because of this I did not request any time off to grieve when my grandmother died on the 30th July though I did disclose my bereavement to ***** during our first meeting.

I am now writing to request that my hours are restored to the way they were previously, I would also like to go back to working my 3 shifts per week. I request that I am reimbursed for the hours which I feel should not have been cut and for the days that I was told I was not to work. I would like to hear from head office within 14 days with a written statement regarding this issue.

Yours Faithfully,

[GlasweJen]

now here's a question, is it a tad cheeky to be asked for pay for days I didn't work?

[GlasweJen]

Has anyone ever had to fill in a DL56 questionnaire? if so did you photocopy the whole book for your employer or is ok to just print out the bits you write on to keep as a record and just send the complaint off along with the book?

[gemspan]

Hi there

I think your complaint sounds perfectly reasonable to me FWIW. It will be difficult to prove that they actually stopped your shift because of your complaint but we all know what happens behind the scenes, dont we?

Regarding your question above, I have never had to complete a DL56. Is it a large book? If not, I would photocopy everything so that you also have a record of the things you didnt write, as well as the things you did.

Hope this makes sense.

Kind regrds
Gemspan

[GlasweJen]

Well 28 days from my first letter is up tomorrow and not a shred of paper has come through my door. They shall be getting a thicket of letters on Wednesday and we'll see how it goes from here, could well be going to tribunal soon. I'll keep you all updated.

[GlasweJen]

With 13 month service (almost 14 now) I'm the 5th longest serving member of staff (excluding management) and the longest serving who hasn't been promoted (nowhere to promote me to). Now another employee who has been with the company for less than a year has been told she's getting a payrise from £5.35 an hour to £5.50 an hour, she was under the impression that this applied to everyone (and before you ask she's only 20, not entitled to min wage). Now today I was online and saw that my boss was advertising positions for £5.35 an hour, that's fine and fair but if I get paid this week can I argue that I too am entitled to a pay rise? I've been there longer, I'm expected to train new starts (that just happened, no one asked me about it or anything) when she isn't and I'm constantly being overlooked for promotion. When I requested training earlier this year I was told I could have some, I was invited to a training day where I learned bugger all and I've not had the same 2 weeks worth of training new starts get for the bar positions (my position is about 10 days into the training). I feel like i'm being overlooked because no one likes working my job and they'll find me hard to replace. Also right before certain staff members were told of their pay rises I made a complaint (see other threads for that) and I think that I may be suffering for this.

I know I should wait until I'm paid but I feel like going in all guns blazing if I get a pay slip on Friday with the lower rate of pay on it, God knows I've more than earned a raise.

[GlasweJen]

I got approached by my manager during my shift just there (yes right in the middle of the club) and she asked my how I was. I told her i'm fine and we talked for a while about me being off on Wednesday and sent home sick on Sunday. I explained that both days, despite me collapsing, were not bad syncope days and that I was only collapsing because of high temperature due to an infection (never bothered seeing doctor as I don't believe in taking antibiotics, that's what my immune system is for). She said she was worried that my medical condition/disability might make my job risky and they were concerned that working nights could adversley affect me, she then asked if I can get my GP to write a letter so that the clubs back is covered should anything happen. Now I've worked there for 13 months and have only actually collapsed twice at work, yes i've been sent home sick but so have most employees and they were things like headache, feeling sick, high temperature etc NOT RELATED TO NCS.

Now as I work nights I was under the impression that it was up to the employer to have me assessed if they're concerned that working nights is affecting my health. It also sounds to me like they can't be arsed carrying out a risk assessment and the only thing that would affect me at work is all the bloody stress due to them being horrible after my initial complaint. Can I just write and say no if they're worried and want an assessment they're paying for it?

edited to add that one of the times I collapsed at work (most recent) was due to a steward sitting an open bottle of poppers on my desk, that would have caused quite a few people to collapse but they didn't even log that this had happened.!

[Zamzara]

Originally Posted by Jenschnifer

I got approached by my manager during my shift just there (yes right in the middle of the club) and she asked my how I was. I told her i'm fine and we talked for a while about me being off on Wednesday and sent home sick on Sunday. I explained that both days, despite me collapsing, were not bad syncope days and that I was only collapsing because of high temperature due to an infection (never bothered seeing doctor as I don't believe in taking antibiotics, that's what my immune system is for).

Based on this, I'm a little worried about you. I hope this doesn't sound like a lecture but I'm a science student too and I know that fainting is nothing to be complacent about. If your infection is viral it will get better on its own and antibiotics will not help, but if it's bacterial it will require treatment or you could be in serious danger.

Sorry to poke my nose in but I couldn't live with myself if I didn't at least check you know what you're doing by not seeing a doctor.

[GlasweJen]

I'm fine, it's just a stomach bug and i'm so allergic to antibiotics that i can only get erythromicin which i don't think will help in this case, my GP before has said that it's fine to live with these little infections as I have a perfectly good immune system but to go get a prescription if it doesn't start to calm after rest and pain killers (i'm better now).

The fainting is actually due to Neurocardiogenic (Vasovagal) syncope i.e I have a different medical condition that makes me faint a lot. I've had it since I was about 8 and the club have known for the last 13 months that i've had it so i don't see the issue.

What I'm asking is:
-after 13 months can they suddenly ask for a doctors letter about a condition i disclosed so long ago.
-under the working time directive (I think) night shift workers should be assessed by a health professional to check the suitability for working nights so should i not be assessed by my employer for this.
-if anything does happen and they do have this letter does it mean they can wriggle out of claiming on their insurance?

[Sidewinder]

Originally Posted by Jenschnifer

What I'm asking is:
-after 13 months can they suddenly ask for a doctors letter about a condition i disclosed so long ago.
-under the working time directive (I think) night shift workers should be assessed by a health professional to check the suitability for working nights so should i not be assessed by my employer for this.
-if anything does happen and they do have this letter does it mean they can wriggle out of claiming on their insurance?

Absolutely - they can ask for a medical opinion at any time, particularly where they have a concern that recurring blackouts might result in injury, are increasing in frequency, or are starting to cause a problem at work. It may be that your condition was not seen as a problem at the outset, but that recent manifestations of the condition are making them think differently.

You would qualify for the right to health assessment under the WTD as a night worker if you work at least 3 hours during the period midnight to 3am each day for the majority of your shifts. A health assessment however is not neccessarily a medical performed by a doctor, it need only be a questionnaire devised to identify whether any disclosed conditions might make the employee unsuitable for night work. Providing that you qualify as a 'night worker' you could always ask your employer whether you are due to complete a medical assessment questionnaire, but they are still entitled to either ask you to get a note from your GP or to ask your permission for them to write to your GP.It may only have been an infection which caused the fainting on this occasion, but that is your word.

As or wriggling out of an insurance claim, I don't know as you could only make a claim in the event of an injury sustained due to negligence. The fact that they seem to be seeking a medical opinion seems to be far from negligent - it is in a sense part of a risk assessment of your condition. What do you think might happen which would be their fault that would cause you to make a claim? Naturally I don't know the nature of your job, but does your role in the club involve glassware, hot liquids or food? If so, and 'something was to happen' during a faint which resulted in injury not only to yourself but to others, I would imagine that they would want to wriggle out of a claim by demonstrating that they had exercised all reasonable steps in minimising risk.

Beware that you are not looking at a process of 'capability'. If your GP, or a night workers'assessment indicates that you are unsuitable for night work in that environment then they are perfectly entitled, as long as correct procedure is followed, to start a process which could lead to dismissal on the grounds that you are unsuitable. They would be obliged to find you alternative work in the first instance, but only if that is possible.

Sadly this is an increasingly litigious society, and the words 'insurance claim' are at the forefront of every employer's thinking with regard to Health & Safety.

[GlasweJen]

I work in the cloakroom. We have plastic glasses, i don't step onto the bar except to pour my own coke. It's a nightclub so no hot food or hot anything to hurt me. I've not collapsed more at work, I took a day off after seeing my cardiologist who seems to think that this is a perfectly suitable job, well right up until they turned into b******ds. I've never filled in a medical questionaire or talked to a medical professional who wasn't my own doctor. I really do think that all this has more to do with my complaint made before than it does my NCS.

Edited to add: there's nothing I can think of that will go wrong except me collapsing and no one noticing, i have asked for a radio so i can call for a first aider or another member of staff but they say they don't have enough radios to give me (or anyone else alone at a work station all night) one.

[flower2007]

Legally, I don't think you have a right to request a pay rise even though others may have got one. You should try to have a chat with your manager asking why you didn't get one and how dissatisfied you are with your wage?


Btw, do you work in a retail store? Different pay of rates happens alot in the place where I work.

[GlasweJen]

No I work in a nightclub. I'm mostly annoyed that i do so much and they're giving rises to bar staff but i'm not being payed for training people like the training buddys are.