the company can do what ever it wants (well so it seems) The same thing happen to the wife she has been off suspended for 10 weeks. She put in a grievance about the investigation among other things they upheld part of her grievance but her suspension has still not been lifted(well it has but never in writing so not back to work until they send it out to her in writing)play them at there own game she getting paid why waiting There excuse will be during the first investigation meeting things came to light that led them to drop part of the alleged offense but u admitted to other offenses or they came to light. You best speak to a solicitor as one told me they can do what they want but it don't make it legal. The more things they do wrong is better for you when you go to tribunal.

hi thanks for the reply but can't see how that would help as the post itself explains what the other post was about. . it was about the disciplinary. this post is about the finding and if she could ask for compensation of the company. Since they new it was common practice and she was getting disciplined and been off suspened for over 8 weeks (on pay) many thanks michael

Looking a bit of advice. As i posted before the company the wife works in were disciplining her for some thing she same was company practice. She put in a grievance saying they were discrimination against her along with a few other things. Now the company have responded to the grievance, as excepted they never upheld parts of the grievance. But for the disciplinary part in her grievance they said they found that what the employee has been excused of doing was in fact company practice. and that any further action could potentially be unfair. "I have found that this method of payment was common practice in the past as a means of paying employees that were waiting on a payroll number" So i take it they have admitted that what the employee done was common practice and disciplinary will be dropped. the words said at the end off grievance letter. "My investigations in relation to the grounds of your disciplinary investigation have indicated inconsistencies in management practices and my out come is that no further action be taken. Now the employee has been off suspended for over 8 weeks (on full pay) is she entiled to ask for compensation from the company for the stress that this has caused her when they knew what she had been accused of doing was company practice? Any advice would be gratefully received michael ps it's not really about the money it's more to do with certain staff members trying to stitch the employee up and get her sacked which was part of her grievance. And don't want them to think they got away with nothing happening to them.

just an update. after seeking legal advice i was told that the company can do what they want. but it don't make it legal and leaves them open for an unfair dismissal case. which don't help them is they give me the t&c 5 minutes before the disciplinary hearing. As there is no time limit on TUPE if company keeps u on your old contract then u still under them terms.

i have tried that defense as i say the company know how the employee was paid thou another employee's wages it is common practice in the company the director even give an Amnesty up until the days date but my disciplinary went ahead. as you know when suspended u not allowed to talk to employees (but you know employees talk) as i say in another post everyone in the company knows why they trying to do this on me. infact my boss told me indirectly to put in the grievance as she knew what they were up to. i was evern informed that i was been suspended before i was called into be suspened . As for it been a misuse of company cash it not as if i stole/defraud the company it was paid to an employee that worked for the company and did the work she was entitled to the money the charge is i paid her cash. so what they mean is they don't pay cash they pay thou peoples bank accounts. The thing is they had to make it different from every other case. An employee was charged 4 weeks before me with doing what i done. payed the money into another employee's account but they said she had no case to answer( never got past the investigation stage) and they knew i would have brought that up. so i really have to go the legal way as no matter what i say about the way she was paid they will not believe me (they know how she was paid we as a company don't have cash no petty cash box are anything so i would never be touching cash) as they don't want to pay me the money . infact i was asked would i change my mine about leaving when i said no that's when i was suspended now do u see were im coming from. Sorry forgot to add the employee that was paid made a statement that i paid her cash. and the complaint was made during her been interviewed for another job in the company which is a setup. Thats were im disagreeing with the statments as her written statement and the typed statement don't match. Also in a job interview she was asked how i paid her now they knew she had a contract with the company and would have known how she was been paid. you get were im coming from. Now also the people that done the job interview told me not to hire her but hired her (funny they hired her when she make the complaint again me).

well the problem is i was employed as an Area Manager which i told i was still doing in the new company as nothing had changed ie i was doing nothin g different. they then decided they needed only one Area Manager which they give her a pay rise. They offered me a contract which demoted me to an Assit Manager and offered me an 18p payrise (an hour). I later found out with the other Assit Managers that were offered the same contract as they offered me they offered them more than 18p. well as u could guess i wasn't happy so put in for redundancy. I just wanted out of the place. The problem now arises over they now trying do discipline me with a gross misconduct which everyone knows what they up to (don't want to pay me the money). That's were im arguing over my T&C as in my contracts t&c i can't see it been an offense that they have alleged i have committed.In the disciplinary hearing they agreed i am under a different contract so should be dealt with under my T&C and wanted to carry on with the hearing i objected as i knew they would have dismissed me (NO WAGES) so at the minute im still on full pay. they said all T&C are the same i told them how do they do that as it's not a standard t&c The charge is i paid cash to an employee for work. now some places pay there employees cash so as i say they all can't be the same. infact it was paid thou another employees wages with her agreement which the company knows as they have/can check the payment for the job. But as i say they trying to get out of paying my redundancy.Now one of the problems i have is the person has left the company that had the money paid in to her account ( it's the nature of the job im in cleaning) any help would be gratefully michael2004

custom and practice kicks in yes if i was argueing i was say doing something different which then becomes work in practice but i am not doing anything different than before we were TUPE over the company have kept telling me i am under a different contract. so can they use there terms and conditions or use my old ones it is only now they trying to hold a disciplinary under there terms and conditions but when it comes to holidays job title working hours im under a different contract. that can't be legal can it? Also one other thing i am the only person still under the old contract were everyone else has or on the new contract. when i was offered the new contract i was not happy with the changes so was in negotiation with them which broke down so i was taking redundancy as couldn't agree with the changes. you say i should have objected before the take over how can i object when i have only found out that the contract and terms will be different than my old ones.? which demotes me from what i was changes my works hours don't pay overtime have to work weekends and so on im sure they have to be different terms and conditions which no one would agree to so i hope they cant say work in practice.? as for lest t&c well we all have are stranded T&C but then companys add there own T&C in a booklet but one company's alleged ofence might not be an alleged ofence under the old T&C. EXAMPLE : one company pays some of there employee's cash, the other company says it's a gross misconduct ?

hi I have posted a few posts looking info. but in between repleys i have been looking at posts on TUPE law. the story is 5 years ago july 2006 the company i was with was bought over along with another company they were formed into a new company. Now looking at TUPE law my job title & contract of employment, terms and conditions move with me. Now every time i ask the company anything they always say im on a different contract. It says they should change my terms and conditions with in 2 months in writing. It is now may 2011 and i have only now been offered a new contract & terms and conditions. I was never offered a new contract which forms part off my other grievance. so what i'm really asking is can they say now that my old contract is invalid and i have been under there terms and conditions with out them giving them to me or offering me a new contract before now? Also they say all terms and conditions are the same is that true ? Are do they have to give them to me? As my old company never had a booklet? many thanks michael2004

more info i know some will say if she been doing the job of Assit Manager then it work in practice well she has been doing nothing different from when she worked in the other company before she was TUPE over. I have the wifes old contract and terms do i have to give them to the company or can i keep them for the tribunal? I have asked the company for loads of info like emails,minutes of meeting,any thing to do with the wife and her contract and disciplinary do the company have to give me them? again many thanks michael2004

hi I'm looking a bit of info before i go into a grievance meeting. The wife has put in a religion discrimination against the company were she works. Its based on the way they treated her over her contract to the way they treated the other members of staff.she has worked for this company for 5 years were before she worked for another company for 6 years. she was then TUPE over which i believe her contract ie job title, terms and conditions go with her unless changed. well to cut a long story short 5 years later they had still not changed her contract or terms. but then offered her a new contract which was demoteing her from an Area Manager to an Assit manager and other stuff she couldn't agree to it as she found out that the company had been paying other Area Managers more money and i mean lots more money. They never offered her a chance to put in for the job of Area Manager when then were doing redundant. but offered her an Assit Managers contract. She had had enough of the company and just put into for redundancy. The day before she was suppose to sign for it they suspended her on a gross misconduct. They have a statement from an employee that she was been paid cash for working which infact the company don't deal in cash so the wife would never be in touch with cash. we went to the disciplinary hearing were we asked under what terms is this disciplinary been heard they said *******. I said the employee is under a ***** contract they said that's right but we will hold the disciplinary and then make there decision under ***** terms. I know 100% they don't have the terms or the contract for her. So can they hold the disciplinary? or can i ask for it to be threw out? Also i have read a few posts about unsigned interview notes. well that is also one of the things we have complained about the typed notes they gave us don't match the written notes which we finally received they full of added /removed stuff. can they be used or can i have them removed. as you know they will either say they only typo errors are just mistakes many thanks michael2004