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Atlas01 last won the day on May 17 2015

Atlas01 had the most liked content!


1,350 Excellent
  1. If your wife is depressed the best thing you can do is look at how to help her in that area, forget employment and issues at work, if you were to discuss relevant issues with her whist she was under the control of depression your help would be counter productive, look at the bars below my muscle chiselled avatar, my kung fu in employment issues is strong, my experience with depression of your other half is bigger ! She will never fix her work issues until she fixes the depression As far as this being a trolling thread from a neutral poster's perspective (who's been away for a while) --- [austin powers voice] oh behave
  2. I'm quite apathetic in this area now It is unjust and deflates the industry for all the other low (insert several profanities here) paid workers out there, but we all want to pay as little as possible, even us employee loving stalwarts It can also be a pyrrhic victory as the employer just cuts more staff to balance the bills and people lose work For me if i was certain there would be no loss to the people i was trying to help i would report them (No idea if the taxman/NMW bods cares about anon reports though) If there was i chance i'd hurt the people i was trying to help i would zip it Also if your employer gets wind of your aims or concerns there will be a huge target aimed at you and the people you are helping will vanish Be careful
  3. See above for best answer to Yes/No In respect of what it will do for you, your employer can easily (because it's true) state these are two wholly separate incidents and continue with the disciplinary and also take action for the breach of confidence separately (or fob you off and continue taking action) If your lucky (assuming the employer has a case against you) you can sometimes use it as a way of damage control in defending your case All depends on what it is, what you have done (or not done) and the ability of your employer in managing this fairly and reasonably in the eyes of employment law The advice i'd give you right now is pocket this for a while and think about what reason they have to take action and how you will defend that issue, be positive (sorry it's Friday and my Friday rule is be + not -), at least you have a heads up!
  4. They should have to give him owing days leave calculated on his part time basis, he won't get a pay off unless he leaves, he will need to take the days They won't advertise it so i suggest he raises it formally. He may also get a formal warning for time off at the same time but that may be coming anyway.
  5. Why anyone has a probationary period in a contract these days is beyond me as they are totally meaningless with the 2 year qualifying period legally set out to bring any claim unless worded by the worlds supreme moron of a HR officer. Just lazy copy and pasting of old contracts when employees were treated like staff instead of cattle. Just ignore it, it carries as much weight as a bag full of virtual feathers Under 2 years - Do as they like
  6. Well this thread wins the monthly "How to get help on a forum" award for me "My question is, what can I do as an employee who works alone, and is not in a union to get a resolution to this issue?" Step 1. Raise another grievance with a higher level manager. "Surely I am entitled to have my grievance heard within ten motnhs, which is my original question" Yes you are correct, you should have, they didn't (in your opinion), go back to step one above or put up and shut up, there's you two choices. "It has taken ten months for him to do nothing and then ignore me (which is a form of bullying itself)" Not on any planet i've visited lately, it may be failure to follow their own procedures but bullying, nah, take that approach and you'll quickly become captain Ahab in their eyes.
  7. There are two separate entities here. 1. The original complaint by the OP 2. Their subsequent suspension for the MOP complaint. For 1 the OP needs to concentrate on that on it's own for now, he may feel that they have brought this in because he complained but this really means little right now, if an MOP has complained they are fully able to investigate it. Mitigation and such around it being a month and they have only thrown it in now does seem suspicious but suspicion is all it is unless they are stupid enough to admit it. For 2 which is the most important issue currently I see nothing on the actual allegation although my spidey senses tell me it may be for the way they were dealt with/spoken to? Reading through the thread all i see is a scatter gun approach around what everybody else has done, unfortunately in disciplinary hearings and investigations this often means jack so forget anything not exactly the same as the complaint against you! It should also be remembered that if an employer wants to ignore a grievance they can do, unless the OP resigns there is little redress if the management layers are open to such shenanigans. I would be concentrating on defending the allegation now, grievance later, i would also consider formally updating the original grievance to include their failure to respond and possibly the raising of the complaint by the MOP but i would need to be very confident this allegation was spurious and could be proven to be so or that could backfire (I'd normally hold back until the disciplinary was done, if i was not sure i would make little reference to it other than enough to bring it into the grievance. However the moment it's changed a smart HR officer could kick it back to the first stage as a "new grievance" An old tried and sometimes successful way to get grievances back on track (in my experience) is to write stating "their failure to respond is a failure to agree and that you wish it moved up to the next stage" Something to consider from the OP, i too worked in civil enforcement for a few years meeting all sorts of lovely respectable characters although my work was mostly prosecution files and businesses . I did give fines now and then (thankfully not parking tickets) In all this time i had one MOP complaint against me and on reflection i was harsh and aggressive with the person due to the abuse i got. A guy i worked with ended up arguing nearly every time i worked with him, he was very effective at his job, other than a couple of high level legal issue where his actions meant the case could never go to court nothing was ever said, until he made a complaint against his boss, guess what happened next, he was hauled over the coals for exactly what was stated in the OP as they had a shed load of MOP complaints. He didn't get sacked but he hated the job with a passion now as he's constantly under the spotlight, his grievance went nowhere also. I share this boring tale because i'd say whilst your suspended take a good think about why people are complaining, I never got complaints because i never gave anybody the opportunity to pin anything on me, You have lodged a grievance, are in a disciplinary, if you get through it you won't be getting cake and drinks on your return, they will be all over you. The actual detail of the MOP complaint would be of use here greatly! Edit, forgot why i posted in the first place I see more than enough from what the OP has written to show they have form for "confrontation" this opens the door for the employer so advice should be around defending the complaint in my opinion, not procedural technicalities which will confuse tony69, they probably mean nothing anyway f the issue falls under "bullying" by his manager as you can't bring bullying complaints to tribunal and unless this one email states the OP is satan himself and eats babies it would come nowhere near enough for the OP to resign and go for a constructive dismissal claim.
  8. You have 2 options engage a personal injury solicitor or go in work and say "i want you to offer me some money as i'm leaving because of the incident" To be honest using the terms of this guessing game i'd lean on most solicitors considering it so they can make 10k while you make 1k but in the eyes of negligence law the employer may argue it was not foreseeable and if a judge agrees, you get zip.
  9. Off what i can see above if they have a letter stating the work is for 37.5 hrs and it can be read as the hours contractually then they can claim for at least the hours they can evidence they have worked, however i smell zero hours contract to be honest (if they argue it) and it revolves around non payment of wages. the missing sums for hours worked may be claimable. I see nothing around unlawful deduction (they just did not pay), protected disclosers (not relevant here) so i would send you back to the sheep's post above for best course of action.
  10. http://www.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf A better guide on how to deal with contractual change and the rights and pitfalls if you say no. I'm not against people going to the media or MP but in my experience they won't give a dam and it is beyond pointless.
  11. In the past (4-5 years ago) i would have said approx 12 months from start of absence to dismissal was the norm for sickness which was clearly backed up by medical advice and genuine reasons for the person being unable to work. Some went higher, some lower but i'd call that a fair average. With the last and current governments i would not be surprised if tribunals were allowing less time between commencement of sickness and dismissal but this is guesswork from me, semi-confident guesswork seeing how many other employee rights have started to deteriorate. As long as your aware that no likely return means with every day your more likely to be dismissed for absence, it's one issue you can tick off your unresolved list!
  12. As its hot and i've had a few "sherries" my reply must be read or sung to the tune of Mr Tom Jones It's not unusual to be shafted in this way It's not unusual for your boss, not to say ok but when I see them legally withholding your.... salaried pay It's not unusual to see me cry, oh I wanna' die
  13. let me be blunt here so you don't get wrapped up in the magical world of "how I think these things should be handled". I do not mean this sarcastically, I'm just trying to bring your feet back down to the ground Good luck but in my experience the key to these cases is getting yourself back in work as quickly as you can and showing this during formal meetings. Anything else leaves you open without clear medical reports that back your position and offer a timeline where you will be able to go back to work.
  14. read this https://www.gov.uk/sunday-working read it again then read it again then read it again and do your damned hardest to pick a hole in your position from your employers side, spin it, cheat, try all sort of spurious arguments you think they might try If it's still watertight print it off and hand it to them (sooner rather than later) If not come back for more advice. Expect them to either a) huff puff and do nothing to change your terms b) tell you tough c) come back with a counter argument (may be valid or rhubarb) Your at the start of a game, a game played with your personal life but still a game. The more you know about your rights and the rules of this game the more chance you have of saying "sorry but no thanks" (Note to other forum denziens - it can't be as easy in the link to say no as i'm seeing can it?)
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