Employer being vindictive over time off sick?

[seq]

Hi,

I work for a small(ish) company, have been there for just over 21 months and so far quite happy. Last Wednesday evening I fell ill, so in the morning my husband called my boss (I was too ill even to open my eyes) to inform him i wouldn't come in and that i would see a doctor asap.

I saw my gp thursday morning and he wrote me off for 5 days.I know it is a very busy time at my work and my illness could not have come at worse time but nothing i could do.
So I phoned my boss after I'd seen the doc and when i told him i'd be off for 5 days he hung up on me!

He is quite notorious with his temper so wasn't really surprised but still found it very rude.

luckily i was feeling better soon so i phoned again on Monday left a message i would be ok to come back Wednesday (today) Tuesday being my day off.

So i then get a call from my supervisor that I am to come to work 6.30 am to 9.30 am as a spare. I'm a coach driver and normally we struggle to cover the school contracts anyway. I phoned my boss to enquire this and he says he can't trust me to do a days work if i get ill again so thats why he's put me as spare.

So I've done the spare duty today, came home and just got a call from supervisor that i have been put on spare again tomorrow!

I normally work between 40-65 hrs a week so i really can't afford for this to carry on.

I feel that my boss is "punishing" me for being sick eg i caused him trouble now he's doing the same.

I have a very good attendance record with this company so that is not the issue.

so any ideas how to handle this situation, especially if it carries on like this?

Also my boss have been to number of tribunals and lost most of them (all unfair dismissal)
And i don't have a written contract.

Thank you for any help!

[paulgmb]

Hi,
When you were offered this job you should have received an offer letter from the company?
This would usually say what days/hours you would be required to work. Irrespective of this, what days/hours have you been working?
If you are fit to return to work then you should be the working normally, and being paid accordingly.
You don't need a written contract, (although legally you should be issued with one) your contract is the hours/days/rate of pay you receive wek in week out. We do need more information. Were you taken on as a permanent employee?
Or are you on a temp contract or even zero hours?
Regards,
Paul.

[seq]

hi Paul, thanks for a quick reply,

I did receive a letter offering me the job, stating just that to start with it would be 5 days on 2 days off, to be later changed to 6 days on 3 days off. No mention of hours. At the moment we are operating on 6 days on 2 days off due to the chance in EU legislation ref driving hours. Apart from school holidays (only work 4 hrs/day if not on private hire) I have been working full time for the duration of my employment. in the offering letter there is mention of hourly rates but not guaranteed hours.

As said I've been working there for 21 months so I would class that as permanent.

I know for a fact that they are very short of drivers at the moment,
I even had call from a colleague asking if i could cover his schoolrun as he was stuck in traffic! He thought I was spare for the whole day not just 3 hrs.
He was absolutely shocked to hear what's been happening.

So the work is definitely there, he just doesn't want to give it to me.
Also tried to get hold of him today to ask him about this but to no avail.
TBH I don't think it would matter even if i spoke to him as he said in previous phone conversation that "he's not interested at all of anything I have to say"

I really don't know what to do, i don't want to lose my job but as he holds all the strings what are my choices?

[paulgmb]

Hi,
If your offer letter didnt state you were not permanent then you are.
The worry is the fact that whilst you seem to have agreement on which days you work (although this has changed twice) you have no agreement on hours?
This is presumably why he can now tell you he only needs you 3 hours per day.
However if you have been working a set number of hours per day for the last 21 months, then I would argue that this is contractual and he should therefore be paying you for the 8 hours even if he only requires you to work 3!
You should ask for a written contract of employment and if he refuses to talk to you put your concerns in writing or submit a written grievance. If its against him or decisions that have been made by him then he won't be able to hear it!
Best of luck.
Paul.

[seq]

Thanks Paul,

I agree that as I've been working full time for all this time then why suddenly this changes to 3hrs/day! And whether he can argue that he actually "needs" me for only 3 hrs as all I've done is sit around doing nothing when other staff are overwhelmed with work.

I'm really frustrated about this, I will try to get him to provide a written contract, but I doubt I'll succeed as many have tried before and failed.

As for the grievance procedure, should I wait a few days to see if things improve, or write one now?

Not really sure never had to write one!

Also does it need to be in any certain format or just informal?

Thanks very much for your help!

[paulgmb]

If you have been working set hours per day up to now then you should try and discuss with him informally at first why your hours have been cut. If he refuses to meet with you then you should put it in writing that you are raising a formal grievance and take it right up to Director level seeking as remedy a return to your normal working hours, written particulars of employment and loss of earnings due to your manager reducing your hours of work when you were fit and available to work.
Keep copies of everything. Get a copy of your companies grievance procedure which the must now have by law.
All the best,
Paul.

[seq]

Thanks, seems straightforward.

Only problem is that the boss IS the director & HR manager and all the rest of it:o He actually owns the company.

I will try to get hold of him again, if i can't then I will put everything in writing.
Would it be wise to actually send the grievance by registered mail or just give it to him in person or internal mail? ( I work from another depot)

Thank you

[paulgmb]

Hmmm there are exceptions for small companies with grievance and disciplinary hearings where different stages can be heard by the same person but it depends on how small your company is. If you have 2+ depots though it can't be that small.
Is he your line manager as well?
The point being, whos decision was it to reduce your hours?
I would hand the letter to his secretary and keep a copy. No point in incuring additional costs by sending it recorded.
Atb,
Paul.

[seq]

The company has a main depot where the office is based and the co. registered, but the other one would probably be best described as outpost, eg 10 vehicles + 10 drivers. We have a "supervisor" at our depot but he is really just a driver who makes sure everything is running smoothly and handles the paperwork (which is sent over from main depot).

As for who's decision it was to cut my ours, there is only one person and one person only to make ANY decision in this company and that is the aforementioned boss.

Unfortunately it is quite common in this company if you fall foul with him he WILL find a way to make your life miserable.

He is succeeding with me.
Thankfully I have found this place so I have something to back me up!
I'm grateful for that.

[seq]

As I haven't received a return call from my boss, I have written a letter requesting a copy of the grievance procedure and written particulars of my contract.

I will get it to him tomorrow, will be interesting to see what happens..

Will keep you posted!

[Sidewinder]

You don't actually need a written contract (although your employer should have provided you with a statement of basic terms shortly after joining), and would quite correctly be able to argue that the hours that you have worked in the period leading up to the sickness absence had been customary and therefore an implied term of contract. Your employer would have no defence to this an the absence of a written agreement, so in cutting your hours this is in effect either an unlawful deduction, or a breach of your contract unless he continues to pay you for the whole shift.

Pauls advice is good. Seek a meeting and if you don't like what you hear (or hear nothing) then raise a formal grievance. Keep copies of everything.

[seq]

Thank you sidewinder,

I sent my letter to him today, he has not replied yet.

Phoned ACAS they are telling me pretty much the same things that yourself and Paul have told me.

One thing they did say that if we cannot resolve the issue through the grievance procedure and if I feel pressured to resign then I should do so.
Then i would have a strong case for constructive dismissal.
I really hope it won't come to that.

And they said that I should not let him get away with this kind of behaviour, at least if I raise the grievance then it will be on record.
I am not the only one he has done this to.

Just waiting for him to send me the requested documents (I might be waiting for a long time)
and see what happens...

Thank you for your support.

[seq]

Hi just a quick update.

I spoke to my supervisor I am spare again tomorrow,
for the weekend he has given me a job starting 23.00 on Saturday finish 1am Sunday. Again this pays me 3 hrs as that is the minimum. Normally we would getting between 16-30hrs/weekend depending on the workload.

He has sent me some paperwork over I won't know until tomorrow morning. (maybe a written contract...?)
Also he sacked another driver today for oversleeping!
Just goes to show...
I'm absolutely FUMING at the moment.

(rant over)

Supervisor did tell me that apparently I'm "back to normal" Monday.
I suppose that concludes my "punishment"

Will update tomorrow!

[seq]

Another update,

Had a colleague open the letter from my boss,
gave us a few chuckles.

He is thanking me for my letter, and refers to the offer of employment letter for the terms. Here comes the funny bit,
he is saying that he appreciates that I have showed true commitment to the company for being available as a spare this week,
reasoning this was because a vehicle allocation but from Monday this will be rectified. (Strange because we have allocated vehicles and mine have been used by another driver all week. Why wasn't the other driver spare?)

Ref the grievance procedure he just states the normal has to be in writing blah blah.

And he trusts that we will have a comfortable working relationship and if i have any further requirements not to hesitate contacting him.

Seems like he is trying to cover his back here do you think?

What would be my reply to this then..? I'm baffled

[Sidewinder]

Seems as though he may have Googled 'Employment Contracts' and is backpeddling a little.

I would suggest an acknowledgement of his letter and sharing his wish for a comfortable working relationship. Whilst you were a little confused as to why you should have been put on light duties as a spare for the week, you are sure that this will not present a cause for complaint providing that you are not disadvantaged financially. If however the reduction in hours imposed on you results in a cut in pay, you will be sure to put the grievance in writing as per his instructions. Naturally you are committed to the Company and you are sure that he appreciates that you only reported sick because you were genuinely not fit to carry out duties and had the safety of your vehicle and its passengers in mind, returning only when you were fully fit to resume your normal duties.

Of course if it does go down the route of having to raise a grievance then you need to pose the suggestion that as your treatment was different to that of male colleagues in the past you are concerned that you were put on short duties and consequently disadvantaged because of your sex. Let him stew over that one!

[seq]

Thanks Sidewinder,

I do like your way of thinking!
I will draft a reply tomorrow when I get the letter he sent.
I find it interesting as why he wished to tell me all these things when I only requested the grievance procedure and contract. I think he was panicking a bit! :o

I would really like to see his face if I would mention sex discrimination,
after all I am the only full time female driver, AND a foreigner!!

Feeling better now, I have been really stressed out about this to the point I haven't been able to sleep.

Thank you for your help!

[seq]

Hi, update,
Interesting turn in events, my weekend work has now mysteriously changed from 3hrs waste of time to a 14hrs duty overnight which with our night premium equals 17hrs pay. I wonder if my boss reads these forums... Also my normal schoolrun has been re-instated. I have drafted a letter in reply to his, might tone it down a little.
I have lost at least 15 hrs pay this week so still not happy.
I think my boss have been warned that I'm not standing still for this kind of treatment.
Will hand the letter in personally on Monday he probably won't be pleased.. Good thing I've got tue and wed rest days!

Thanks