Thread: Advice needed please - Unknown meeting on Tuesday

Hi, Im currently a care worker and have been employed with my company for 17 months. When I went to the interview I said that I could only work school hours and maybe the odd evening/weekend when my partner was at home (he works shift work). The company had no problems at all with this.

Ive had a few problems with the company, but am always polite and get my work done. HERES A thread from a previous problem ive had.

Around about one month ago the manager phoned me up and said that I had to work one evening and one day each week at the weekend along with my normal school hours. These would be set days which wouldnt be changed. I said that it wouldnt be possible to do this as my partner works shift work and I cant guarantee I would be able to work them. The manger wasnt too impressed and said they would tell head office that I was "refusing". I asked a few other carers in the same situation, however none of them had been asked to do the same!

Worksheets for the current weeks work are sent out in the post each week and normally arrive on a Friday. As I hadnt received them today I text the out of hours phone asking what my shifts were for Monday and was told im not marked down to work. When I asked about Tuesday I was again told im not marked down to work. I then contacted the manager who said a letter had been posted to me saying that I must attend a meeting on Tuesday, however they couldnt tell me what it was about. I asked if I would be working the rest of the week after the meeting as I would need to arrange/alter childcare and she said "I dont know". I asked if she could get head office to give me a call.

10 minutes later the lady from head office called and said the meetings been arranged for Tuesday with herself, another manager from head office and the local manager would be present. I was asked to make sure my time sheets are upto date and to bring them along with me. She said she couldnt tell me what it was about and it would be discussed on Tuesday. She also couldnt tell me if I would be working the rest of the week after the meeting.

I have no idea what this is about. I did say im thinking the worst here and waiting three days to find out what is going on isnt really acceptable, no comment was made.

I went into the office last Tuesday to hand in my timesheets and the lady from head office was there. She was pleasant and chatted to me, however she said she sent the letter out on Thursday. At no point when I was in the office did she say she needed to talk to me. (Ive been on annual leave since)

Ive never received any warnings either verbal or written. I work Mon - Fri 9.15 until 1400hrs, give or take depending on the work available.

Any help and advice is really appreciated. Im so worried and having to wait 3 days to find out whats going on isnt helping!

I must apologies if ive waffled, ive tried to post as much detail as possible!

Does anyone have any advice at all as ive got the meeting in the morning and im quite worried.

You should arrange for a collegue to attend with you as is your right. I know it's late now, but any chance you could ring one up and ask.

Make notes of everything said at the meeting, don't rely on memory. If they tape the meeting or there is a someone else taking notes, ask for a copy of the tape or the notes they are taking.

Are these working hours in your terms of employment? if so they cannot just change them out of the blue, must discuss them with you beforehand.

Sorry you haven't been replied to before now.

any update

any more news on this

Im really sorry I never got around to posting an update. As there was only one reply I didnt think there was much interest.

Its been full of ups and downs, resulting in me sending a 6 page appeal notice in regarding my dismissal. Just waiting for the appeal date.

You can read the entire situation here

Hi,

Many thanks for your reply. Ive since sent a 7 page appeal letter highlighting discrepencies that they failed to investigate.

This was delivered a week ago today, just waiting to hear back now.

Just got my date back for my appeal which will be on the 24th August.

Also spoken to the PC who has been advised by the CPS that they require additional statements before they can make a decision, so ive got to attend the station on Thursday to be re bailed for the 4th time.

Hi,
For those of you that were following the thread I thought i'd give you an update!

I sent off my appeal notice on the 29th June, 7 days after I received the letter informing me of my dismissal. I received a letter back on the 8th Jule saying the appeal was to be heard on the 16th July.

I phoned the office and advised them I wouldnt be able to make the appeal date as I would be on holiday from the 13th July until the 28th July. They apologised and said they should have checked the calendar as they knew I had leave booked. They said the MD who was going to hold the meeting goes away from the end of July until the middle of August. I asked if anothe member of managment could hold the meeting and was told to put this in the letter.

I sent the letter of advsing why I couldnt attend and asking if someone else could hold the meeting due to the delays. When I came back off holiday I had a letter saying the appeal would be on the 24th August - No mention of whether someone else could hold the meeting.

I attended the meeting today which was due to be held at 2pm. I received a call delaying it until 2.30. Once I arrived I still had to wait 30 minutes to be seen! On top of that, the MD had not even read my appeal notice. He said "This is your meeting, not mine" and got me to read through all the points. During the meeting he answered his phone and had a chat with his family, and then his wife kept on coming in asking questions like "where are the keys for x etc"

Every question from the appeal notice I read he said "I'll look into it". He even denied receiving the letter asking him to delay the meeting due to the holiday! I said it was received as I had received a reply quoting my letter!

He said "All this will take time, it wont be dealt with overnight. You will have to bear with me" - Thats despite him having 2 months since I sent the appeal letter in. I suppose it would have been a bit quicker if he had taken the time to actully read the letter.

He said that its going to be his decesion now and that he will be seeking advice from legal people. I asked if it would be the same company as before "yes, and others"

He said it would be around 1-2 weeks for a decesion and then I would have to return for another meeting.

Im just amazed that after 2 months he never took the time to read my appeal.

Hi,
Just to give an update regarding the situation.

I re-attended the police station on the 18th, and after waiting 45 minutes the PC didnt even bother to attend. Another officer spoke to him on the phone and advised there was no update from the CPS and ive been rebailed for another 3 weeks.

I also received a letter from work on the 8th September advising
"We are looking into your explanation that you had given us, we are having to do more investigation so unfortunately the decision will not be made for two to three weeks"

As the time limit for submitting an Employment Tribunal claim was running out, I had to submit the claim prior to receiving a decision, however two days after he received notification I received an emailed letter advising I would need to attend the office on Thursday for a meeting.

I phone the MD and asked what the purpose of the meeting was. He said that it was to give me the decision. I asked if I could be sent a letter instead of having to attend and he said "If i get time, im very busy trying to run a business"

I pointed out the acas guidelines "Employees should be informed in writing of the results of the appeal hearing as soon as possible." and he said "we'll your lucky to have the time to look into it. You take it further if you want. I'll tell you the decision on Thursday if you bother to turn up".

He was rude and abrupt on the phone and I really dont want to attend the meeting just to be told the decision, but it appears this is the only way im going to find out as he dosent seem prepared to send me a letter.

IMHO you ex-boss is trying to engineer a delay in order to make it difficult to submit an ET claim.

Hi,
Many thanks for your reply. After I posted I decided I wasnt going to attend the meeting and drafted up the letter below. Im going to send via email due to the short amount of time and because he has previosuly communicated via email as well.

In relation to our telephone conversation today I would again like to air my concerns.

I asked you the purpose of the meeting on Thursday 24th September and you advised it was only to tell me the decision of the appeal.

I have also requested to be informed of the decision in writing, either email or post as per our previous correspondence; however you stated you will only do this when you have time.

I appreciate that you are a busy person, but I would again like to highlight the importance of this decision and also advise of you paragraph 28 of the ACAS codes of practice –“Employees should be informed in writing of the results of the appeal hearing as soon as possible.”

As you had made the decision by Friday 18th September as this is when you sent me the letter advising of the meeting, I feel disappointed that you could not advise me of the decision at this point.

I would like to advise you that I will not be attending the meeting with yourself on Thursday 24th September. Instead as per my statutory right I would like to be informed of the decision in writing as soon as possible. Should you need to speak with me in person after I have received the letter, providing you are not upholding the original decision then I am more than willing to attend. My reasoning for this is that as per the company procedure, the decision of the appeal is final. If you are upholding the original decision then nothing said can alter this decision.

Any tips on improving the email greatly appreciated.

I sent the email this morning and within 30 minutes I had received a phone call from the MD!

He said that since yesterday he had sought advice and has been advised he can tell me the decision over the phone. The purpose of the meeting on Thursday is to RE-INSTATE ME!!!

His words were "You can come back and work in the office, and once we have built up enough trust you can go back into the community"

I said I would like this in writing prior to attend the meeting, so he has agreed that when he has a few minutes today he will put it into an email.

Im just trying to find out my options now, as there is noway I want to return back to this place of work after everything that has happened and the way I have been treated. But its great news all the same!

Just received the following letter via email. Still trying to get my head around it!

Following our telephone conversation this morning I am sending this letter by email as agreed.

I refer to the Appeal Hearing held in the Officeon 24th October 2009.

The hearing had been arranged to consider your appeal against the decision to dismiss you on the grounds of “Some Other Substantial Reason” (SOSR), namely that given the nature of the industry we are involved in, and the vulnerability of the clients, we could not take the risk of allowing you to go back to work as a carer when suspicions existed about your involvement in two thefts from clients.

You were given every opportunity to explain why you were appealing against the decision. I have considered carefully all the facts presented and listened to and taken account of your comments.

I am satisfied that the matter was dealt with in accordance with Company Policy, and I uphold the decision that we can not allow you to go back to work as a carer in the circumstances. However, I would like to offer you as an alternative the opportunity to work in the office instead, for your contracted 20 hours per week, on the same terms and conditions as you were previously employed on.

I would like you to attend the meeting arranged for Thursday 24th September so that I can explain to you in person the previous decision of dismissing for SOSR and my final decision, and discuss how you feel about working in the office instead and how this would work in detail. The meeting will also give us an opportunity to discuss any other issue that you feel will need further attention.

If you are happy to return to work in the office, you will be re-engaged with immediate effect, with no break to continuity of service.

I should make clear that any further allegations regarding your honesty, or conduct in relation to clients, will be dealt with via the disciplinary process, and may lead to dismissal.

For the avoidance of doubt, this concludes the Company’s Disciplinary and Dismissal Procedure and no further stages are available to you.

I am sending you a copy of this letter by post but please let me know if you will attend the meeting on Thursday as soon as you receive this email.

Yours truly

Any advice please. Ive got the meeting tomorrow and I really dont want to go back working there. Any idea what my other options would be.

Originally Posted by mariefab

If I was in your position, I'd print out a copy of the email in post#15 to take to the meeting and highlight the section below.

I would like you to attend the meeting arranged for Thursday 24th September so that I can explain to you in person the previous decision of dismissing for SOSR and my final decision, and discuss how you feel about working in the office instead and how this would work in detail. The meeting will also give us an opportunity to discuss any other issue that you feel will need further attention.

This section states that the meeting is for an explanation and a discussion.

When they have taken weeks to reach a decision, it would be unreasonable for them to expect you to make an immediate decision at the meeting.

So, I think that after hearing their explanation of their decision to uphold the decision to dismiss you and details of the proposed office work it would be reasonable to ask for these to be put in writing so that you can take advice about these matters to assist you before making a decision.
(Alternatively you could record the meeting.)
This would allow you some time to consider your options.

Once you have this in writing I suggest that you phone acas 08457 47 47 47 for advice because I really can't see how they can legitimately uphold the dismissal and then re-engage you with no break to continuity of service.

Thanks for your reply.

This was confusing me as well so I gave ACAS a call. She said its the first time she has ever come across this. It appears due to lack of trust he dosent want me to work in the community, however by working in the office I would have access to sensitive information such as client details and key codes to their properties - so it dosent really make sense!

On the phone earlier he said it would be working 9-5 2 days a week and 10-5 1 day a week - which he knows I wouldnt be able to do as I have to work school hours as my partner works shift work. It would also be on a lower hourly rate - so it wouldnt be on the same terms and conditions he had stated.