Barclays have a scheme running known as a reserve amount on their current account. I have an overdraft limit of £ 3000 and a reserve amount of £150. Meaning that I have £ 150 available. What I didn’t realise recently was that I have gone over the £ 150 and Barclays charge £22 for every 5 (Mon-Fri) days that the account in the reserve limit. I had gone over by £ 72 and paid when I got the letter however lovefilm took out £ 13 the next Monday and again I got charged £ 22. I been told due to policy and procedures I can’t get money back. Is this really true, seems very unfair don’t I have a right to request refund? Does anyone know if it is possible to reclaim the £22 charges as it is not an unplanned overdraft fee or overdraft excess fee. any advice would be very much appreciated.

Since my last update I had a meeting about the performance improvement policy that they had hoped to put me on. As I stated to them as I havent actually been proven to do anything wrong and more importantly no investigation has been carried out. I pointed out some errors on their paperwork. One one allegation I have been put down as a witness, so How could I have done anything wrong, on another the wrong time was put on. The said they would go and re look at the allegations. However, I do feel now that they are looking for anything to stick on me. Recently a patient found the master key outside thankfully returned it to staff. But there has been no follow up or indeed investigation. My rep forgot to turn-up for the next meeting so another long wait to hear from them.

Hi Ok thanks. 1st on list is: clarify what they understand by 'performance improvement process' and what it encompasses, and most important, does that process activate any type of award. 2nd: request, in writing, details of the process my employer wants to put me through. 3rd: raise a grievance. 4th: ? Thanks NWM

Hi, all By the way what does grievance process achieve. I know the HR Management have to explain my concerns. But what happens then...? Thanks NWM

Hi, I mean maximum delivery so I dont blunder and make it more difficult for me to explain and make the process harder to prove the wrong doings of the HR and management. Maximum delivery, so that I get it right without HR being able to get out of the mess they have caused. NWM

Hi JIMBO5444, Thanks for your reply. I glad to hear that what I have been thinking for many months is being supported in this forum. However as I am new to this I do feel lonely in my working environment as i am up against Managers who listen to HR, without question. HR is actually one person, well at least one person who is giving advice to my managers. Nobody has ever questioned them (HR & Management) before me. The department I work in is or was very small for about 15 years. it has grown x3 in the last year new buliding and new staff, new problems. I need to know what to do next, with the right information, and delivered in the manner for maximum delivery for my benefit. Thanks NWM

Hi Ok I will do that. Thanks NWM

Hi. I thought I would send this letter to HR. I think it covers all advice i have been given here. Any further advice would be most grateful. (name, address, date) Dear............... I am writing to tell you that I wish to raise a grievance. This action is being considered with regard to the following circumstances: I request that you clarify what you understand by 'performance improvement process' and what it encompasses, and most important does that process activate any type of award. Why have you not carried out a thorough investigation to establish the facts. Not informing the employee of the evidence and the basis of the case against them. Not holding a meeting with the employee to allow them to answer the allegation. Not deciding the facts, whether the allegation is made out and if so the appropriate sanction. Not dealing with any appeal against the decision of Gross Misconduct. I am entitled to a hearing to discuss this matter; also I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative. Please reply within no more than 28 days of the date of this letter. Yours sincerely Signed etc. 　 　 　Thanks NWM... 　 　 　 　

Hi, Thanks I will ask them. It will be next week when Im able to send them the question. Sounds interesting...Ill post the answer I get from them. Thanks NWM

Hi, I do think the 'performance improvement process' will be about capabilities and performance. Howerver I will write to them via my union rep and ask them about it. I have suggested before to HR that I do not agree or think it fair to use this policy with me, as it suggets I am guilty without any investigation. I have also stated that as far as im aware nobody has ever questioned my performance. The more I reed and advice I get, it seems as if HR is not following any type of policy, or have got it totally wrong. They have caused me so much worry and stress over this matter. But i am learning about employment issues, and I can pass this on to fellow peers. Thanks NWM

Hi Thanks for the reply. What does activate type of award mean? what should I look out for? Do I need to ask them to clarify what they understand by 'performance improvement process' before I ask for grievence letter or is that the same thing. Thanks NWM

I seen these points on Internet and I thought that the HR did not follow therefore, I thought they might be the questions I could ask why they did not follow if I was to hold a grievance meeting? …the elements of a fair disciplinary process are not overly complex or technical (Ten things managers need to know about...misconduct disciplinary situations) . A disciplinary process can broadly be broken down into the following elements: 　 carrying out a thorough investigation to establish the facts informing the employee of the evidence and the basis of the case against them. holding a meeting with the employee to allow them to answer the allegation deciding the facts, whether the allegation is made out and if so the appropriate sanction dealing with any appeal against the decision

Hi, I phoned ACAS and they state that I should have had the opportunity to appeal the initial Gross Misconduct, which I did not know about or indeed have the opportunity to do. They also confirm that the length of time it has taken is /will not be seen as good practice as it goes against the ACAS code. They ACAS state that I could write a grievance letter to hold a meeting on my terms to ask them question. Any ideas or terminology case law that I could use or take with me in support. Tanks NWM

Hi bigredbus thanks for the reply, What do you think I should look out for. Any case law that would support me? or any information in what I could d to protect my self. Thanks NWM

Hi, I feel that the HR and Management have treated me in an awful way for the last few months. I am constantly stressed and thinking of the situation all the time. I am thinking if I have a case against them, I just feel that they can not be allowed to proceed in this manner. I am amazed how many people thought this site are being discriminated bullied and harassed . This must be a tip of the iceberg as I did stumble across this site. I am glad I did. I know most if not all my colleagues would probably accept HR and managements decisions. I feel if I allow them to ‘get away’ with treating me in this manner it will become normal practice and acceptable in my working environment. Therefore, making others to have go through this process. Thanks NWM

Hi So it seems that HR are limited to proceed with gross misconduct. However, do I have a case for discrimination or grievance in the way I have been treated, or for them swapping from GM to personal development policy which presumes I am guilty. Thanks

Hi, Again thanks for information. I do have a Union member (Unison), but I feel the need to make sure I have relevant information to help myself. I believe that they are discriminating against me due to the fact that there have been a lot of incident reporting were I work. I believe 40+ that are far more serious than what I have been accused of. There have been 5 that are the same as mine on one instance and neither have been investigated further than the ward manager looking at them. Like I stated there have been 40+ and neither of then have been investigated. Nobody has been placed on a performance improvement policy exept for the two people i mentioned before and they ar not included in the 40+. This policy is in itself disciplined related as there has to be a shortfall in your working practice and you have to be monitored for 12 months and can be re implemented at any stage in that 12 months and continued again or indeed suspended from work of be placed on gross misconduct. As others in my working environment have been seen to make errors and have not been placed on any sort of gross misconduct or performance improvement, I was queering if this does mean discrimination. Again as the gross misconduct seems to have been stopped and they have tried to place me on performance enhancement, suggesting I am guilty without evidence been looked at. Thanks again NWM

Hi Sorry for all the little bits im adding. I have also 2 months ago asked for a meeting to discuss possible discrimination issues but I got an e-mail back stating that HR are not discriminating and that was it. Thanks NWM

Hi thanks, Yes i got a letter its states: "...the matter was going to be investigated under the discliplinary policy. I can now confirm ...that the matter will now proced under performance imprpvement process..."

Hi:???: I work in the nhs and I have three IR1 against me. Two which mention my name and one that I am down as a witness. I am being investigated for gross misconduct. I have evidence to support two incidents, and one which IR1 is wrongly written. The IR1 were written in Sep 09. I received gross misconduct letter Nov 09. Still no investigation, and 2 months ago I received a letter stating “due to re organisational difficulties” they will be going down the route of performance improvement policy. I have questioned this rational as the performance improvement suggests guilt. I sent them a letter stating I have no confidence with this procedure and could I meet with them to discuss. However they seem to want to go down the GM route. I have also 2 months ago asked for a meeting to discuss possible discrimination issues but I got an e-mail back stating that HR are not discriminating. Thanks NWM

Hi all, I have read the case law, and its complicated but interesting. Does it mean that if they do eventual investigate my case they are limited to proceed. I would like if anybody can explain if by stopping gross misconduct investigation and going down a route of performance improvement policy and then deciding to go back to gross misconduct investigation is correct. They have decided to do this as I questioned the rational for this policy and I stated I did not have any trust in this procedure. I asked for a meeting with HR and management to discuss this process. But it seems they just want to proceed. As I have stated before its (sep ‘09) 9 months since allegation on a incident form, 7 months since gross misconduct letter, 2 months since performance improvement policy was mentioned. Id like to point out that the alleged incidents has happened to others but they have never been investigated. And have never been taken down the route of gross misconduct or performance improvement route. They are stating as 3 incidents were put down on an incident form within 2 weeks. I have looked at other incident forms and there are many incidents far more serious that have happened in clusters, but none have been investigated. Thanks NWM:confused:

Hi, Thanks for the speedy reply. Yes the alleged incidents happened september 09. I went to see my line manager about two of the alleged incidets and dscused in detail. I was called to see HR and a Senior manager on Novembe 09 and I was adviced to take Union rep which I did. I found out about he 3rd incident then, which had happened in September 09. There has been no investigation. I think 3 people have been asked to investigate but all have pulled out. Then I got a letter stating "due to re oerganisation problems" they choose to go down the route of personal development. This in its self presumes that there is a problem wth a skill and all parties have agreed to this. but I havent and i have always said i am not gulity and i have proof. I will have a look at this case law sounds interesting. Thanks

I feel that HR (is actually one person) who is looking at my case is digging her heels as its taken her so long to do anything. My evidence supporting myself is strong but they are refusing to look at it and seem to want to go down the gross misconduct route, really stressed at work as this is looming over me daily.

Hi, I would like to add I have sent HR and Management a letter which included: "HR and management have initially stated they will be investigating the cases under ‘gross misconduct’ and have applied 'sanctions' that are likely to have an effect on ‘my’ current and future employment prospects, a statutory framework will be necessary. There will also need to be guarantees of the independence and objectivity of the affiliates and a robust means of ensuring consistency in their performance and decision-making. I would like to state that I have no confidence in the proposed procedure “step down” ‘personal development policy’ which I believe is likely to lead to unfair and inconsistent decisions which will not inspire confidence in the suggested procedure by HR and NHS Managers".

Hi, Thanks for reply. I will phone ACAS monday*. I work in NHS and I do not think they are following correct policy. Its very hard to get any reply from HR. But hope fellow caggers will be able to help Thanks