Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #21
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    Default Re: Harrassment? Injury?

    Hi again.

    While I can see what you're saying, you still seem to be missing the point about them changing the job in a specific manner to (for want of a better word) "inconvenience" me. I have even surreptitiously got a job description from them, and I CAN do every single thing they ask on it. They're clearly asking extra of me, and ONLY me.

    There is also the discrimination of sending me (In Weston Super Mare) to ridiculously long distance calls when they have lesser qualified (but more suited) engineers nearby, in the full knowledge that it was causing physical injury to me, as confirmed in an email from them in July 2017.

    Bottom line is that - on a level playing field - I am capable of doing the job I am employed to do. In fact, I am the singularly most qualified engineer they employ. I am also the one with arguably the most (30 years) experience. My experience / qualifications and their job description fit like hand and glove. They are simply discriminating against me. For instance, if I had "difficulty" arranging flowers in a vase, you could bet they'd start sending me out to Newcastle to arrange flowers.
    I've perhaps been more apologetic for some of my shortcomings than I should have, but they are doing the wrong, not me. I am 100% capable of doing my job.

    They've also breached documented arrangements / adjustments, or whatever you call them, for injuries that I received while working for them, and they have done so in a malicious manner. This has compounded physical damage to me, and both my and their doctors have catalogued the injuries to me on that front.

    I think my positions is, if they want to fire me, let them. I actually enjoy the work I do (The job in my job description), but I've no particular desire to work for a company that will do that to a human being. My Union will represent me in any unfair dismissal / grievance hearing. They obviously have access to some mails I can't divulge here, but they see it as a firm case if it goes in that direction.

    They've also put me in touch with their legal team regarding compensation for industrial injuries and harassment at work.


  2. #22
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    Default Re: Harrassment? Injury?

    I hope the union can help. But I do think if they want to, they can legally dismiss on capacity, given what you have said here.

    It might depend on the size of the unit too. Smaller units with fewer people have a much lower bar of what is "reasonable."

    You won't know for sure until it goes to court.

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  3. #23
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    Follow Real_CAG on Twitter
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    Default Re: Harrassment? Injury?

    PS sorry forgot; they are only obliged to level the playing field if you are covered by the equality act.

    "You're disabled under the Equality Act 2010 if you have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do normal daily activities."

    I'd say no, based on what you have told us so far. But I am not a judge. In effect though uitl you confirm that protection you're running on favours.

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  4. #24
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    Default Re: Harrassment? Injury?

    Hiya, not had news on this for quite a while...

    I can confirm that I AM covered by Equality Act 2010 according to: The Equality Advisory and Support Service, ACAS, two independent doctors and a counselor.

    Things have got rather dirty and personal since my last post...

    They've made personal attacks against me and my wife (Don't know what my wife had to do with things) in front of other employees and my Union Rep.

    They've falsified documents in an attempt to get grounds to fire me (They took my data from my tracker in my car, multiplied the speed by 20% and "presented it" to me as grounds for dismissal. Maybe if they hadn't just made everything straight forward 20%, it could've got through.)

    They have developed a tactic of "ambush" meetings, designed to address one issue, but actually used to bring another one up.


  5. #25
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    Default Re: Harrassment? Injury?

    i hope the union rep then made contemporaneous notes of this. If not then your word isnt worth much a year later. To that end you write up a precis of every meeting, whop was there and who said what. time and date your notes


  6. #26
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    Default Re: Harrassment? Injury?

    I can't really comment on your allegations, but in so far as being "covered" by the Equality Act, you need to understand that this is entirely meaningless. You are a mobile engineer. They have said that they won't force you to deal with certain tickets at greater distances. That does not mean that they must give you work closer. It means that if they cannot reasonably adjust the business to cater for your requirements, they can dismiss on capability grounds.

    Emmzzi pointed that out to you previously, but don't lose sight of that fact. Being disabled gets very little protection, and that is commonly misunderstood. And also, by the way, none of the people on that list can tell toy that you fall insert that "protection". Not a doctor, not ACAS, not counsellor... Only an employment tribunal can come to that conclusion in law. Until they do, anything anyone else says is a best guess - unless you have cancer or heart disease, which automatically count.


  7. #27
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    Default Re: Harrassment? Injury?

    If you are found to have a disability an ET needs some simple questions answered

    a) are you able to do your job, with or without adjustments?
    b) if you need adjustments, are they "reasonable", which as already covered will vary by business and the burden the adjustments impose upon them

    If you plan on going to court I would prepare your defence on the reasonableness of the adjustments required, and have clearly demonstrated to your employer, and got an audit trail to support that, showing there is minimum disruption required to their business to accommodate you.

    Can you do that?

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  8. #28
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    Default Re: Harrassment? Injury?

    Damn, I had a huge reply written out, and got logged off.... I'll reply later, but the bottom line is YES to both.


  9. #29
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    Default Re: Harrassment? Injury?

    Right. Here goes….

    To the point of me being able to do the job, is yes. In fact, from the latest “data” that my employer has supplied, it would appear I don’t actually require “reasonable adjustments” to do my job. Just a stop to the harassment and discrimination.
    To explain. I am part of a team of engineers. The job description says we do four “roles”. I’ll call them Role1, Role2, Role3, and “tickets” for sake of argument. We are, by definition, supposed to be doing a proportion of all these mixes of jobs.
    From the data supplied by my work, it clearly shows that I am being excluded from Job1, Job2, and Job3. I am EXCLUSIVELY being used for “Ticket” jobs only.
    Example:
    Engineer 1: 80% Role1,2,3 – 20% Tickets.
    Engineer 2: 71% Role1,2,3 – 29% Tickets.
    Engineer 3: 94% Role1,2,3 – 6% Tickets.
    Me: 0% Role1,2,3 – 100% Tickets.
    I would point out, that these engineers are located near me, have far less experience than me, and are far less qualified than me. BTW, ticket calls are the more menial jobs.
    Geography isn’t relevant, because, as my employer states, these are engineers covering the same area as I am.
    So, what is happening is the rest of the engineering staff are doing a reasonable mix of tasks, while I am exclusively being used for the most menial tasks. This is no longer “speculation, hearsay, or me being a grump.” This is drawn from data supplied by them.
    It is also clear that I am driving much more than the other engineers. I’m doing about 35-40,000 miles per year, while they are only doing 25,000 or so.
    So…
    Firstly, the “Reasonable adjustments I have asked for are a reduction in weekly mileages. And a reduction in ticket numbers.
    They claim that these “reasonable adjustments” have been in place since June 2017. Which is blatantly false, as the issue was only formally raised in April 2018.

    The bottom line is, if I was treated in the same manner as the other engineers, I would easily do the job.


  10. #30
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    Default Re: Harrassment? Injury?

    So you can lodge a grievance and if it is not resolved well, off to an ET


    What I cannot do is make your managers behave decently.. only deal with consequences....

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  11. #31
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    Default Re: Harrassment? Injury?

    oops PS - IF the ET agree you have a disability. Which is not certain. Because you seem to BE doing the job with no adjustments....

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  12. #32
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    Default Re: Harrassment? Injury?

    Thanks for the reply.

    I think the latest thing I've picked up on is the fact how much discrimination has occurred. The:

    Engineer 1: 80% Role1,2,3 – 20% Tickets.
    Engineer 2: 71% Role1,2,3 – 29% Tickets.
    Engineer 3: 94% Role1,2,3 – 6% Tickets.
    Me: 0% Role1,2,3 – 100% Tickets.

    Clearly shows that there's discrimination going on.

    I also have a whole lot of ammunition for (I'm trying to think of the technical terms for it....) LIES?

    For instance:

    They claimed I had sped 133 times in the space of a month (What they had actually done was take my tracker information, and multiplied it by 1.2 and pasted it into a spreadsheet so For instance, 70mph showed up as 84, etc.)
    Claimed I'd crashed the company car, failed to report it, then crashed it again.
    Sent my details to Yorkshire Police, claiming I was the driver of one of their vans (BTW, I've not been to Yorkshire for about 25 years, and never drive their vans)
    Made repeated attacks at both me and my wife (Don't ask me how she got involved in this matter) in front of Union reps.

    And that's just the tip of the iceberg.

    You couldn't make this up.


  13. #33
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    Follow Real_CAG on Twitter
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    Default Re: Harrassment? Injury?

    This has been going for for over a year. You have no certainty that you have a disability and they seem to really really not like you.



    Why are you still there, complaining, instead of leaving and going somewhere else?


    No but seriousy, WHY? It sounds insane.

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  14. #34
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    Default Re: Harrassment? Injury?

    I'd have to add. There may be discrimination going on. But I'm not seeing any evidence it's unlawful discrimination. Giving you the "menial jobs" isn't discrimination in legal terms. And referring to them as menial jobs or commenting about your colleagues lack of skills of experience may be true-ish, but it comes across horribly and arrogant, so I'd pack in that argument while you are ahead. If the employer decides that you will do just one aspect of a wider job description, they can do that. It's their business, their job. They aren't changing the job. They are focusing it. And there's no law that says that work has to be shared out. So in all that you have evidence of nothing other than the fact you are p'ed off.

    As for the "lies" - what is your union rep doing about that? Surely they can do more than is here? What is it you think you're going to get here - because they may not be nice, but there's no law against that!



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