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antistarv2

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Posts posted by antistarv2

  1. Hi all was wondering if any one could help?

     

    I recently stumbled across a letter written to me from the CEO of the company telling me I was due to have a £1000 raise as part of our company being taken over by a larger company. Having had a look at the letter it was dated on the 21st of December 2015 and my wage was supposed to go up on the 1st of January 2016. This of course is not the case and the reason why I am writing.

     

    It was by sheer luck that I managed to find the letter as it was in the managers back office near the bin area, I found the letter in a sealed envelope whilst i was cleaning the office.There were a few more envelopes just like it, however all the employees they were addressed to were no longer part of the company. As it was addressed to me I thought it might be important information that possibly just got misplaced.

     

    I politely sent my manager an email wishing to discuss the potential raise, and even sent him a copy of the letter, however it seems to have fallen on deaf ears as he has straight out ignored the email.

     

    As part of our procedure to file an inquiry to HR everything must be in written form and you must see if the problem could be resolved onsite first, the only reason I haven't directly spoken to my manager about the incident is because if he was to say something to me it would be a literal case of his word against mine.

     

    I would love a raise that I believe i am entitled to as I have it in writing. Whether or not I was supposed to see the letter is a completely different matter but it does seem the company or manager has withheld information from me and possibly other employees. The letter I found addressed to me would have been binned otherwise.

     

    What should my next step be? my only concern being is that i found the envelope and was not handed the envelope.

     

    Thank you for your time.

  2. I called head office to see where HR is situated and found that it was based in the hotel that I worked. I called the hotel to inquire about my reference because i wanted to know exactly what they were saying about me. At the moment that i called it seemed that the person in HR was on the phone but was assured that my name and contact details were handed over as soon as I got off the phone. I haven't heard a thing back since this morning and now am convinced that they are definitely ignoring my calls and any other form of contact. Do you think it would be advisable to seek legal advise now that they are in breach of the contract of employment in treating me unreasonably and ignoring my contractual right of appeal?

  3. I'm fully aware its irrelevant that the GM has left, im pretty sure they are using that as an excuse because they can clearly see that they have let me go under false pretenses. The annoying thing is they are now ignoring me I can't step into the hotel as in line with there policy they have banned me from the premises.

  4. thank you i edited the details of the company the last thing i want is to get anyone else in trouble. I suppose your right but I am now stuck trying to see if i could at least get an unbiased reference. all my hard work there accounts for nothing because of a false accusation and by the sounds of it this could take a lot of time to get resolved hopefully they will listen to my solicitor if not me.

  5. I do not know because i never thought to ask the question, problem im facing is getting an appeal I was entitled to one and I in fact wrote via special delivery an appeal letter to which it was granted from my former GM. Problem is he never handed down the appeal to anyone else in the company and the company has no proof that I lodged for an appeal. I was given 28 days from time of the disciplinary and the GM left soon after.

  6. I know it's £10 because that is the sum stated in the witness statement I never saw the money I don't believe it even existed I wasn't in the restaurant at the time the incident occurred. The guests paid for there meal by card they were the only people left in the restaurant I went to the kitchen to start cleaning down , the problem with that is there were no witnesses present to actually account the fact that I was there at the time. I cant dispute that money may or may not have been there just cause I didn't see it doesn't mean it wasn't there but I am sure I haven't taken it and they cant really prove that I did because there witnesses aren't even in the company anymore.

     

    I don't intend to take them to court but I would love to.

  7. right i guess thats one way of putting it do you think I would be better off being economical with the truth? I do believe that my ex company can say I was dismissed but surely can't say anything more than that as it would be defamation of character and slander would it not? As well as that I have half the mind to take them to court for criminal libel there evidence is so weak as the person who wrote the statement doesn't even exist within the company anymore.

  8. no i don't believe that the customer is aware of the policy at all. It sounds silly I know I'm being accused of stealing from the company even though it was a gratuity in the first place, and i got terminated on a suspicion with no real evidence and they haven't given me an appeal even though I have the right to one and they received it in writing.

  9. yes i still have the witness statements it just basically says that there was money on the table and it disappeared he asked my peers whether or not i declared a tip amount to which they said no. They checked the till at the end of the night still no tip amount I was asked to go the office where the evening manager and himself were and he literally just asked me if i wanted anything to talk to him about which the answer to that was no.

     

    I went back to the office 5 minutes later confused as to why they would have asked me a question such as that to which I asked was everything ok? to which he said yes but then asked me again if i had anything I wanted to tell him to which i said no again because i didn't even know what the problem was . So basically he said that the reason why he came to the conclusion i took the money for myself was that it wasn't handed to anyone else and it wasn't declared on the till.

     

    I did appeal but the GM quit before I could have my appeal and apparently they have seem to have lost any evidence of an appeal letter and won't even respond to my emails about setting a new appeal date.

  10. at the disciplinary hearing I told them that i would do whatever it takes to co-operate and get through this as i wanted to set an example rather than be an example to which they just said no they seem to be in denial that the evidence is concrete although it literally isn't even a signed account with no mention of times or dates.

     

    The based the misconduct on the fact that because even though that no one saw me physically take any money because I didn't in the first place, the money was still on my section and I was responsible for it.

  11. I was there for 8 months all together it was a new hotel so I was part of the opening team. I am British but of mixed race half Filipino evidently the only non white person in the restaurant at the time. The restaurant its self was subjected to about 3 staff change overs within the 7 months I was there making me a more senior member of staff. At the time of my departure I was due a bonus in the upcoming 2 weeks for having stayed with the company for since it first opened.

  12. further to this post it seems that I have no appeal as my appeal was logged with the former GM and they have no proof of my appeal letter ever reaching the office.

     

    If future employers where to ring the hotel all they can do is say i was terminated and the dates I worked

     

    When going to interviews can I say that i was unfairly dismissed because the person who accused me of theft got fired a couple of weeks after he got me terminated and I wasn't given an appeal even though I did launch an appeal with the former GM? I can't go to tribunal either because I was there for less than a year.

  13. I was recently dismissed from my former employer on accusations of theft. I used to work at a hotel and apparently on one of the evenings in the area that i was working a £10 cash tip was said to have vanished. Because i was in charge of the section I get accounted for the missing money which I did not even see.

     

    The person who falsely accused me has now had himself terminated from what I have heard. (he was known as a troublemaker) As well as that one of the witnesses that he allegedly had corresponded with is no longer in the country as he was in an exchange program from over seas.

     

    At the end of the day it was his word over mine, the evening that the theft occurred was his first shift as acting manager ( he was the assistant manager) and didn't even see anything take place nor did the other witness he was only asked whether or not I handed in the money, so he came to the conclusion or should i say assumption that I must have committed the theft as i was the only person in charge of that area at the time.His witness statement at no times says anything about my where abouts or what i was doing at the time this money disappeared. I was working at that establishment for 7 months incident free until he arrived and he was there and gone within 2 months.

     

    How am i supposed to fairly defend myself against the evidence given against me (which is an unsigned non hand written statement) if i can't question the person who accused me or one of the witnesses who was only asked about whether or not he saw anything. Other than that there is no conclusive proof despite a CCTV camera directly above where the incident took place which was conveniently turned off at the time of what supposedly transpired.

     

    I wasn't suspended after the allegation and was only given 3 days whilst working full time to gather evidence and witnesses before my disciplinary. My disciplinary in itself was a sham they tried to pressure me into a confession and my witness statement fell on deaf ears. I on numerous asked to see a copy of my contract ( which is still unsigned) but they always changed the subject or would say i will get it when im next free which never happened. At the disciplinary they told me that I signed a sheet that said all cash tips were to be handed into the till, However I was not able to see such a document at the time they instead said even though the document isn't here you should be aware of the agreement as it is standard practice.

     

    To make things worse the General Manager has resigned as well who granted me the appeal and now i am having to explain it to HR to avoid a conflict of interests as the Food and Beverage Manager came down to the final decision to terminate me.

     

    As this was my last job I'm finding it hard to seek employment seeing that if future employers were to look for a reference from the hotel can only confirm the dates I were there and can say I was terminated. Can I say anything else other than i got terminated on suspected theft? I was advised for the time being to say I quit whilst I'm still on appeal but theres always that chance they will ring my ex employees which is what i am worried about.

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