HI all My husband put in a request in writing t for an appeal hearing 2 weeks ago and at the same time a request for a SAR under the Data Protection Act. He heard nothing so emailed them again this week and they have now acknowledged the requests by email and are "doing something about them. Yesterday they issued a variation of contract to the other employee who is now doing my husbands old job and back dated it to the 1st July. Can anyone give any advice on the following 1 Since an appeal hearing hasnt taken place we feel that they have already prejudged the outcome by issuing the other employee a back dated contract. 2 If we wait another week and havent heard anything regarding the appeal, Would a grievance be the next step 3 My husband has not signed his new contract as he is waiting for his appeal hearing and outcome of the appeal. If the employers pay him the reduced rate under the new contract, have they unilaterally changed it/breach his previous contract. Should this been put on hold knowing they were asked for an appeal hearing. 4 They have not given him any private hire work since 20 June and even asked another driver to break Tachometers driving hours. Is this Victimisation/punitive punishment. Many thanks for any input... greatly appreciated

Hi, Sorry if I am confusing you. 1 The drop in pay is related. because they have moved him, he has had to take a drop in pay. If they had requested the council (the Client as the work is contracted out) to put her on another bus as there was possibly a clash of personalities/another complain,t his hours would have stayed at 48. He has never had any other complaints lodged against him only by the same girl (which is 2 in the last 8 months) 2 The parents have never asked for him to be moved. Her father accepted my husbands apology. 3 Another driver has swapped with my husband and has had his hours increased from the 38 week to the 48 week 4 The reduction in pay is not expressly stated as part of the disciplinary process in the staff handbook or on his contract. 5 it was purely a business decision. Thanks for your input. It is greatly appreciated.

Can anyone advise me on how TUPE works. For 6 years my husband contract was 4 hrs a day, 5 days a week for 48 weeks a year with 4 weeks holiday. He does a school run and was employed to cover a particular school. The business was sold in March 2011 and he carried on working under the same conditions. In December 2012 all the employees(the rest work for 38 weeks a year) were given new contracts stating their pay pa but did not state the number of hours. Nobody's pay etc changed but the contracts say they are term time contracts. Since the new contract my husband has still been going to the same school. Can the employer just change your contract that is detriment to the employer?l.He was informed that they were changing the school which is only open 38 weeks a year. He was presented with a new contract last Wednesday reducing the number of weeks accordingly and as a result affects his pay by £1700 pa. Can they do this if it part of a so called disciplinary procedure along with a written warning? He has not been given an end date either.

Hi he will still be working 20 hours a week but for only 38 weeks a year with 14 weeks holiday and not the 48 weeks plus 4 weeks hols he has been doing for the last 6 years. They have made him swap the school run with another employee. Thanks for your help Emmzzi. He is going to appeal the so called disciplinary meeting that he was told was an informal meeting for a chat (sent by text). It wasnt till he got there that they told him about the complaint that he was having a written warning and was going to be moved on to another run. It wasnt til he received the written warning that he found out about the previous verbal warning.

Sorry just re read this and the holiday quoted isnt clear. The 10 weeks is on top of the 4 weeks. To clarify he will be on holiday 14 weeks a year.

His contract states "Your normal hours of work are based on an annualised hours term time only contract and hours are worked flexibly including split shifts to meet the needs of the business. You may be required to work additional hours including private hire jobs on occasions". They do not state the number of hours but do say that is salary is a certain amount per annum.This has now be reduced by £1700 pa. He works 4 hours a day, 5 days a week for 48 weeks a year. They have now stated that he is to work 38 weeks a year for the same hours per day 5 days a week. They also state that instead of 4 weeks holiday it will increase to 10 weeks. He has been working there since 2006 on the same terms but the business was sold in 2011 and he was issue with a new contract last December with the above wording. It also states that he will be required to work from the business location to locations as directed.

Hi I need some advice please. My husband is a PSV driver and was called in for an informal chat last October. He duly attended and was told that a complaint had been made by a clients (special needs) parent. The complaint was over some banter which had offended her. He agree to tone it down and apologise, which he did. On the 20th June 2013 he was called in by his employers for an informal chat. Again he attended and was told that the clients father had complained again about something he had said. She told her parents that he had said that she was full of **** and from his recollection he said that what she said was sometimes full of ****.The client at the time was bantering other clients and my husband. At the time he was nursing a cracked rib and not slept properly for 3 nights. His employers were aware of this. He said that he would apologise to the father and agreed that he should not have said it. He phoned her father and apologise, which he accepted. The father said that he has warned his daughter that her banter would get out of hand.My husband was called in again on the 26th for another informal chat only to be told tha the had a written warning following a verbal warning last October (he was not aware ogf this), plus they were moving him of his run. They have now produced a new contract reducing his hours and pay by £1700 pa. At no point have they followed the ACAS guidelines. First he was not sent a letter inviting him or have they given him any witness statements. He was not invited to take a companion. No notes were taken.They have not given him an outcome letter with an explanation or the timeline for improvement, only a copy of the written warning. Nor have they told him his right to appeal.To top it all when he was paid last week they have taken out in one lump sum the the 2 weeks salary paid in advance so they could go from weekly pay to monthly pay. He has a letter from them stating that this would be deducted at source on a monthly basis for 12 months unless there was a resignation which there is not. Can anyone advise please. He knows he has done wrong, but is aware that this girl has got other drivers in trouble for the self same thing With another company he worked for). Many thanks in advanced.

Many thanks for your answers Pusillanimous and rightsforme. Much appreciated.

Hi HB Many thanks for pointing out the sticky. I did have a look at the forum before posting on this forum. I am currently awaiting a date with the ET for constructive dismissal (postponed due to lack of judiciary) In my ET1 or witness statement we overlooked to mention that my ex-employer did not pay outstanding holiday or overtime due. This paperwork is in the bundle ie. overtime sheets and correspondence from HR detailing a breakdown of my last payslip, no holiday pay is mentioned. Please could anyone advise me if because we make a claim within the 3 months for constructive dismissal and the relevant paperwork is available we will be able to bring this up at the case hearing as a breach of contract. Many thanks

Hi Don't know if anyone can help. I resigned with immediate effect but my employers acceptance letter stated 1 months notice. My P45 acknowledged the 1 months notice which I got corrected by my employer but they have not paid me any outstanding holiday pay. I was on sick leave with work related stress for 8 months and this went from the end of one holiday year to 4 months into the next.. All of my entitlement was already booked before going sick with 8 days towards the end of one holiday year and thirteen days in the next. Did they breach my contract and if so have I left it too late to contact them. Many thanks

If you mean the employment tribunal, then to get closure to this and acknowledgment that procedures and policies were not followed. They have made a small offer with a gagging order which I have refused. I have said I don't want a gagging order and ACAS to look at the case independently.

I got part of the outcome from the last grievance upheld in that the letter relating to the stage 1 outcome letter I received was recognised by my employer as the correct one and not the second version but they have not given me any explanation as to why this was not acted upon, instead the so called draft which my line manager received and is the only copy floating around was acted upon although he had no involvement in the recording back to HR or its implementation. That is one of the reasons I resigned and now filed proceedings with the ET. I think that the grievance procedure was manipulated in the first and second grievance as their policy states that when bullying is mentioned in a grievance letter there is a zero tolerance and it will be investigated thoroughly. A. It was not reported to HR at the first instance, basically ignored by the AD B. When I bought it to the attention of HR who confirmed that it should have gone to stage 2 not stage 1 and had to over-ride the AD who wanted it to go back to stage 1 again. When I did have that meeting I found out that only 1 day was spent investigating it although I have scribed notes stating that the grievance manager would spend the 10 days and probably the outcome letter would be late which is was. C. It has come to my attention that it was the AD assistant typed out the stage 1 outcome as the 1st grievance manager apparently did not have the right level to access the outcome template letter on the intranet plus he cant remember when he did his accredited training. He has been scribed saying it was either with his old employer or his now employer.

Hi... thanks for your feedback. No info was passed outside the company as far as I know and the grievance was to get my employer to give me an answer to why there was 2 outcome letters for the 21 Oct. This is a bit of a long story so I will bullet point to keep it short and precise. 1 All 1-2-1 monthly meeetings for January to October all green and 1/2 yearly performance plan was B+ 2 Extra daily tasks were put onto the branch in August and I asked for an extra pair of hands to cope with the extra pressures for the bank holiday queues. 2 September 5th line manager wanted to put me on a PIP for unacceptable behaviors. No evidence for them had been noted or no discussion between himself or me. 3 Area Director arranged meeting and reported to HR that it was for a PIP. Had grievance and received outcome - upheld - support to be put into branch to help with the extra workload, TOIL/overtime. 4 1 week later I was told by Area Director I was moving branches to see if the support was needed. 2 weeks notice was given but policy states 28 days should be given. 5 Went grievance stage 2 stating bullying as this had not been addressed in my original letter. This was questioned by my union rep during the stage 1 but was told that he had not received any paperwork from the Area Director and was only told that it was in relation to the PIP. 6 Went off on work related stress in Nov. Stage 2 grievance was held and found not upheld (letter was late) although 2 pages of examples (ACAS) were given which he did not look at, 7 December AD was moved out suddenly and his Area Performance Manager stepped in 8 January requested staff file. Found 2 outcome stage 1 letters. One with my line manager stating upheld and that I was moving to another branch because of working relationship with hi. and another which I received and was lodged in my file. Area Director had reported back to HR partially upheld and I was moving branches and to be put of a PIP 9 Found out that my end of year appraisal had the unacceptable behaviors individually noted and was signed off on 21/12/2011, Area Directors last day. 10 Wrote to HR asking why there were differences. Was told the 2nd letter was probably a draft. (it has the same spelling mistakes as my version) 12 In May went grievance again about the letters and why the differences in reporting to HR. My new AD was not phoning me as per sick policy. Ignored OH. Told HR he had sent my long term sick letter in March when in fact it was April. Told HR that he had offered me the location HR had recommended (no car) when he had in fact told me another 1 1/2 - 2 hrs away each end of the day on public transport. I wont go into all of them. 13 Grievance upheld on the outcome letters. Mine was the correct one, not upheld as regards the AD 14 I also found out that the 2nd grievance for bullying was investigation in less that 1 day with just me and the other person being interviewed. He was off on annual leave for 5 of the ten days that can be allotted for a grievance investigation plus his letter was 2 days late. The reason I ask my question is there was no reason to forward the email from the medical assessment on as it was not part of the grievance and by the way HR asked him to phone regarding the recommendations and the way forward in getting me back to work. My file shows he never did. One of the behaviors was not being flexible on working Saturdays. My contract is only for Mon-Fri 9-5 and states if I was to work it was voluntary and I would be paid double pay. I was told that I had to work with no extra pay but a day off in lieu and would have to work 8.15 to when they leave. Sorry this is long winded I could go on more but wont. Hope this is clearer for you to understand. I look forward to any input positive or negative. By the way I am now going ET. Many thanks

Hi, Hope someone can provide any advice. On the 11th May 2012 I requested a grievance hearing meeting concerning my Area Director on how he was managing my long term sickness plus when I requested my staff file I found two outcome letters, both written by the same person, dated the same, with outcome upheld but different actions. The one I received was lodged in my staff file and the other one in my line managers filing but HR had been advised it was partially upheld and told the actions on the line managers copy. Due to the fact I had been off work with work related stress, occupational health (AXA PPP) then requested that I attended an independent medical assessment on the 28 May 2012 to gain a better understanding of the clinical reasons for the ongoing sickness absence. As a result of this, a medical report was sent to OH and they forwarded this on to Human Resources on the 31st May. HR then emailed a copy of this to my Area Director on the 7 June 2012 and at the same time sent a copy of the report to me. My grievance was heard on the 11 June 2012. Due to circumstances I had to request my staff file again and have since found evidence that when my report was emailed from HR to my Area Director on the 7 June he then forwarded this email to his assistance and my grievance hearing manager on the same day. The email clearly states that the attachment was only intended for the recipient of the email and under no circumstances should any of this info be disclosed to any other third party not entitled to receive it under the DPA 1998. It was also password protected sent via a separate email. I understand that under DPA this is classed as sensitive data and permission should be sought from the data subject first before disclosing to someone else. As my grievance was in no way connected to the independent medical assessment as this was carried out after I had lodged my grievance I believe that my AD should not have forwarded the contents of the report. I have spoken to my ex-employers Data Protection Team who advised me that if the grievance was about the assessment then he could forward it on, as soon as I mentioned that there was no connection they clammed up. Please can anyone advise me as to whether my understanding is correct and if so should I complain to the ICO. I have already reported them for not releasing my file after 5 separate requests, they were given a warning and given a chance to correct it. I wait in anticipation..... Many thanks