Hi pat (again!) Yes there is - on all forms it does state and request that if you are registered disabled you must state it. Although it may not matter anymore, you do still have to prove that you are disabled and I'm sure that Walshy and his work do have all the documents in this situation. Heb

Hi Pat Captain has stated that its untrue in his comments. Heb

Hi There If this is the case, and your union has stated that you have a cast iron case, along with your solicitor, I would suggest that after your grievance has been heard, that you do go to a tribunal as it does seem from what you're saying that the procedures haven't been followed correctly and that you've been treated not well at all. Let me know how you get on. best wishes and don't forget, you're not alone in this. Heb

Hi Sparkz I would suggest that you contact your HR department and ask for a copy of your full contract - they will definately have a copy. As above, I would now instigate a grievance and again speak to your HR department who will advise you on their grievance procedures. Best of luck Heb

Hi Shifty I don't wish to get into detail but if a company is misusing medical information - for what purpose would that be for? PM me if you wish but I'm very suprised that they we'ren't supportive as they've helped me out immensly and again would suggest that everyone joins a union. Heb

Blimey, you are in it good and thick. I would suggest that you do claim for constructive dismissal as your union states that you do have a case but you will need to wait until your grievance is completed. Bit of a bummer I know but rules is rules. In terms of your sick notes, has your gp or works doctor ever documented "reactive depression"? This is a code word for workplace bullying and could be crucial in any tribunal however, all the doctors have to go on is your word about how you feel and what's happened and that's how your work will view it. Whilst I understand that you are very angry about how you've been treated, you will need to hold back and only give information as required. Issues relating to what could affect other members of staff is something that a solicitor would use in a tribunal. Additionally, have you started a personal injury claim yet for your stress and depression? Your union's solicitors would be able to assist with you on that one. I suggest holding back and wait for the grievance hearing to be completed and then see what happens. Usually, when it gets to director level, they tend to see the bigger picture. Let me know when you've had you're grievance and the outcome. Keep your chin up Heb

Hi there Does your contract state that you are to specifically work weekends? Does your manager try and get you work within the week to make up your hours? Do the other colleagues work in the week as well as the weekends? Have you spoken with your HR department about this - they are there to help if you have any issues? Heb

Hi there What is your solicitor doing in respect of breach of contract? Have you spoken with your union officials regarding this matter - what have they said? Why has it taken so long for your grievance to be heard when they have 28 days to respond and yet from your notes, they haven't met with you? I would strongly suggest that you speak with your union rep and solicitor immediately to find out what is going on. Let me know how you get on Heb

Hi Is it your own laptop? Is your laptop security coded? Have you contacted your provider of the network to see what security you have? Best not to use the laptop at work if you are researching stuff which could be viewed as being contentious. Heb

Hi there Have you spoken to the HR department of the company or the person who agreed the sabbatical? Ask them first and then make your decision. Heb

Hi There With agencies, they won't process your payment until they recieve the signed timesheet authorising their charge to them which would produce your wages. Why hasn't your time sheet been authorised? Would the agency call the employer to discuss the timesheet request? Let me know how you get on Heb

Hi Betty I'm not really sure where to go on this one - you're in a union which is great and your shop steward knows what they are talking about. All I can say on this one is to wait and see what happens with the redundancy meeting and your union will take it from there if there is any issues. Best Wishes Heb

Hi there Thanks for the info. Yes, I was taken on permanently after my extended probation - I was then promoted to a senior person within the team as I proved myself to be very valuable - the only reason that my probation was extended was because some a***hole decided he was going to cause ructions but he was proved wrong and he left shortly after. Anyway, lets get back to you. I'm glad to see that your husband has put forward his plan of action and that some people are coming in to help - regardless of where they are from, the company has acknowledged that there is a problem with work load and have allocated resources to help. Because of this, the company will therefore have probably said to your husband that because he now has help to lesson the load, the staff member with the hours must take time off to recoup the hours overtime in lieu. I'm not quite sure why your husband would be required to move desks being that he is in IT and would only be required to move the computers and install the necessary lines. Usually facilities sort out the moving of furniture. Although the team member with the hours has racked all these hours up, and probably the previous manager couldn't cope which is why they employed your husband to sort out the mess that's been left behind but if he could sort it out, then he would be worth his weight in gold but its a slow process. What I can't understand is that when you rack up overtime lieu in hours, you have a time limit in which to take them - I do understand your frustration about why the company has left it this long to sort it out. Would your husband be best in contacting HR to see what they can do about the hours? I do believe that your husband is doing everything that he can with the mess that he's been left with but again, because of the probation thing, it all boils down to his meeting that he has next week. Once he is taken on permanently, then it could all change rapidly. Hold on as best as you can and I do give you my full support. Heb

Hi There I would certainly get on to the Employment Tribunal and ask if they have received a copy of the response from the employer. Additionally, go either to your union rep if you have one, or go to the CAB. This situation is tricky as you've got ACAS trying to resolve it - by the way, how did they get involved? Also contact ACAS and see what they say. Best wishes Heb

Hi Jets Under the disability discrimination act, you are entitled to help from your employer in order to carry on working. I see from your comments that you've had your job changed but you mention that steps were not followed through by your line manager? Were these steps discussed with HR and were these steps agreed by your line manager? In respect of your son being in hospital, I do hope that he is better, however some companies would given compassionate leave in respect of this but it does depend upon the seriousness of the illness. I know being in hospital is very concerning but again the company will need to know what the issues were and if they could help in any way. Did you contact HR about this, did you contact your manager about this? You mention that your boss and HR dropped at your door without making an appointment to see you. This is very naughty and should not have happened. They should have made an appointment at your convenience to discuss with you what they can do to help. You haven't mentioned what they said in the meeting with you - was it a productive meeting - did they offer to help you in any way? As you mention that you are under considerable stress, have you put in a grievance against your manager in light of the steps that were supposed to be taken haven't? Are you in a union? They can help also. If not, go to the CAB - they will also help or ring them and they will come to you if possible. Let me know how you get on Heb

Hi There You must check your contract. There is usually a line in there which states something along the lines of "or anything that the company deems fit or necessary" Check your contract and let me know. Cheers Heb

Hi All I've been ferretting about on this site for a bit and have posted some comments which may or may not have been useful. However, the same old line keeps coming up - I'm not in a union, we are non union etc. Why? In this current climate of redundancies and other issues which affect people's role - why haven't you joined a union - that's what they are there for. I can't stress strongly enough for everyone to join a union - Unite are a good union and have helped me enormously in the past couple of months with my grievance hearings and their advice and representation have been invaluable. JOIN A UNION NOW You can find them on the internet and join online or give them a ring. that's my rant over and done with and I hope that you will consider the joining of a union. Heb

Hi Walshy Oh dear. As you state that you are disabled - are you registered disabled? Regardless of whether you are or not, you are covered by the disability discrimination act and the company has to do everything they can to help you back into work unless your position has become redundant. Do you have any documents relating to your discussions with your employer about you going back to work? I am presuming that your HR department will be writing to you to confirm what they have said to you today and although they say that you have been invited to a formal meeting to inform you of a decision, they do really have to meet with you to discuss the situation, and not just to "inform you of their decision". Again, if you are in a union, then contact them, if not go immediately to the CAB or give them a call and find out what they can do for you. Let me know how you get on and I do understand that this is a very worrying time but you are covered under the disability discrimination act. Heb

Hi There In respect of probationary periods, the company can and does have a right to extend a probationary period if the employee does not meet with their expectations of the role. This issue does happen and happened to me. You mention that a manager was brought in over your husband and no details were advised? This is very unusual and your husband should have been advised of this. Most companies always want hours reduced and more output, that's a fact of life and when you're in a managerial position, its up to you to try and sort it out. Has your hubby put forward any plans to his new manager to source this reduction? You see, your husband has to be seen to be doing everything to the best of his ability, which is also strained by the fact that he is still on probation. Did your husband ask for a plan for the office move? Most departments who want their office moved or changed around expect a plan and usually the manager who is doing the move does the plan and then the department fiddles about with it until they are happy with it. I would definately suggest that your husband goes to his manager and asks for the probabtion action plan and again asks for a meeting with his new manager for a catch up and progress meeting. I'm really sorry that I can't help any better than I can, this is due to the probation issue. One other alternative, is for your husband to start looking for another job whilst he is still in the one he's in now - then he has a bit of time instead of having the extra worry of being unemployed. I do wish you all the best and let me know how you get on as I can understand that this is a very stressfull and trying time. Heb

Hi Captain Sorry to hear about what's been going on. When you were taken back on, were you given a probationary period? if so, were you still in this probation period? If you were on probation, then your employer can stop your employement forthwith. This does need to be addressed first. In respect of your reference - no one can give a bad reference, that is libel and is quoted under employment law. However, as you state, you've been told by your then current manager that it wouldn't matter. Without going into too much detail, I'm concerned about the grievance that you had before with a previous manager and that although you won, you were dismissed and had to re-apply for the position (have I read this right?) As I don't know the details as to why you were dismissed and had to re-apply for the (same?) position this could have a bearing on any case. However, you yourself can apply to a tribunal at no cost to yourself if you are unemployed and are currently receiving benefits. A job centre representative can help you there. Additionally, as you are not a member of a union (which I always strongly suggest that everyone is), you must get advice from the CAB. I know the queues are quite long there but there are good people there and they can help you with your tribunal by representing you if need be. I would definately recommend that the letter from Beau is sent to your employer and again, when you receive a response (send your letter by special delivery) again take that to the CAB. I do send my very best to you and let me know how you get on. Heb

Hi Sparkz Sorry to hear of the problems that you've been having. 1. Have you got a copy of your contract? In there, there should be something regarding the hours of work that you are contracted to do and a proviso should be in the contract which would state what would happen if your hours were to be cut. 2. Did you have a formal letter or contract stating that your hours were to be cut? 3. Are you a member of a union? If not, join one immediately. Unite is a very good one. You can find them on the internet and take it from there. 4. Raise a grievance immediately - go to the DWP site on the internet and it will give you guidance and a template letter to use. You must however, state that you give the company 28 days to respond with a date for the grievance. 5. The grievance must be held with someone else other than the managers of the store - I presume that this is a high street store so they should have an area manager that can deal with the situation. 6. Log everything that happens to you in a diary. This is very important and will be valuable if a case has to be brought in front of a tribunal. 7. Take a copy of your shift sheets and should they be changed after you have noted your shifts, then again that is proof. However, if the manager's have contacted you by telephone to change the shifts (although I doubt that this has happened), log this down in your diary. I cannot emphasise enough that you definately need to put in a grievance now. This cannot continue. Every company has a DUTY OF CARE towards its employees and must have a STRESS RISK MANAGEMENT POLICY as I believe, from your comments, that you are severely under stress. Ask for a copy of the Stress Risk Management Policy, they have to give you a copy. Also, again, check your copy of your contract, or ask for a copy again. Let me know how you get on. Heb

I've read the details and can empathise with you. Firstly we need to establish a "duty of care" by your employer to you. Did you mention to your employer that you were suffering from stress and or depression? If this is the case, then you only have to tell them once and it is up to the employer to help you in any way you can. Therefore the "duty of care" comes in to play under the HSE Stress Management guidelines and under the disablity discrimination act 2005. The only way the employer can stop your sick pay (work sick pay) is if you have had a disciplinary and then have gone off sick after you have been advised of the disciplinary. This would have had to have been told to you verbally or written to you. If the employer has not given you notice of a disciplinary then you are entitled to company sick pay and therefore the witholding of this payment is illegal and you can take a claim to a tribunal yourself without a solicitor and you will win hands down. You have the right to appeal against your grievance appeal - has this been done? I must state that it is crucial that you have told your employer once that you are suffering with stress and depression before you went off sick and that your company has contacted your doctor to confirm the stress and depression diagnosis. A "duty of care" is owed by all employers to all employees to ensure that employees are not harmed in any way - please do see the HSE Stress Management guidelines and also the disability discrimination act. Just for clarification, I'm going through the same thing and my company cannot deny that I was owed a duty of care and that was denied to me. Let me know how you get on. Heb