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PlainOldMe

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About PlainOldMe

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  1. I'm trying to clear the air a bit here. I appreciate what you're saying. I appreciate what some said on the other post too. Irrespective of those comments, and as I said, some are very pertinent... All I'm trying to do is find out about this "Capability" meeting and it's "official" format... As said (No fabrication, no distortion, or anything like that..) I was invited to a Capability Meeting on the 3rd May. Union Rep was there, HR was there, Line Manager was there, I was there, a recorder was there. WE discussed the "reasonable adjustments" requested. It went back and forth, and the company AGREED - in front of the Union Rep, that they were happy with the adjustments. To me, that seemed reasonably fair. The adjustments were - only two days a week over 200 miles, some additional training. It's maybe worth noting, we (Union and myself) made a complaint about the HR person, because she made (In his words) inappropriate and unprofessional comments, both about me, and (For some reason, don't ask me why) my wife. Then I got an Invite to a further meeting for the 1st of June. And I've quoted the exact wording (With location excluded): "Please attend a follow up meeting on Friday 1st June 2018 xxxxxxxxxxxxxxx During this meeting we will discuss the adjustments that you have requested and what measures we can put in place to support your request." I went alone, as I didn't think a Union rep was required to attend what I was classing as a discussion on the matter. When they knew I was alone, they delayed the start of the meeting for 40 minutes, dismissed the HR person who was supposed to be there, and brought in another manager. When the meeting did start. there was absolutely no discussion about the previous meeting, just a series of statements and allegations that I had no idea about, that they had no documentary evidence of, and made a completely different "demand" from the one discussed at the original meeting. All I'm asking is IS THIS ALLOWED? To reiterate: At the formal Capability Meeting, the agreement was reached in consultation with Myself, the Union, and HR. At this "follow up" meeting, two managers just simply put random facts together, fabricated others, made blatantly false claims in others, refused to discuss the agreed adjustments, and dictated a cut in my working hours. I don't know if it's relevant, but they also admitted that they have ALREADY recruited and employed another engineer, specifically to replace me. End of. Just to add. I have NEVER had a disciplinary or other meeting (Formal or otherwise) about any aspect of my work before this kicked off. So, without any drama, all I'm asking, is this the correct way of doing things?
  2. Hi. Was wondering if there is a way to block / report / stop people trolling me? On a couple of posts I've made two people in particular have taken personal stances on questions I've asked, and instead of answering, simply slag me off. Is there a block / report function on this site? Thanks.
  3. We're not retreading ground? I asked a specific question about the form this interview took. I was not notified it was a capability meeting, I asked about that "meeting" and the form it took. Not about disability, not about anything else. Same response as to Sgt - if you can't answer the question I asked, don't bother commenting...
  4. I've got to ask why you even responded to this post then? I asked a specific question, it's not been answered by you, so why are you referring to another post? I'm confused about your reference to Sangie on the other post, as there are two comments from him on it, and I've taken them on board, so I don't see what that's about from you. For the record.... Asked for recess for legal advice? - I have on file, a specific email from them REFUSING ME THE RIGHT TO TAKE ANY FORM OF LEGAL ADVICE. Walking out? How could I? That would have been taken as a resignation. They refused to stay on topic, no matter what I tried. I'm well aware of the "advice" from the other thread, but HERE, I asked a specific question. Rather than that, you prefer to troll me. Don't bother with any further comments, thanks.
  5. From a "capability" point of view, I am fine to do the same work as any of my colleagues. In fact, let's get off the fence. I am BETTER than they are. More qualifications, more experience, more positive customer feedback, etc. However, since my work learned about my disability (Which they caused, btw - and they've admitted liability on that score.) - they've suddenly increased my mileages to the point I am doing 50% more than my colleagues. BUT. Can we stay on point as to the question? Are they allowed to do am official "capability meeting," with HR, Union, etc., and deem me fit to work with minor adjustments, then change it without another formal meeting (Just the ambushed one without my Union Rep.)
  6. It's under Disability. Don't really want to go much into it, but it's not significant enough to much, just the amount of driving I should be doing...
  7. Hi. As some of you may know, I'm having problems with my employer. Their latest "trick" was to call for a capability meeting (I have a "protected characteristic) So far, ok. I have no problem with that... We (Union Rep and I) went through. We discussed it, we all agreed on a slight amendment to my work. Basically, they agreed to curtail the amount I drive. The agreement was three days a week, I would be limited to under 200 mile, and I would agree that the other two days, I could do over that amount, but not over 300. The people there were: Head of HR. My Line Manager. My Union Rep. Recorder. Myself. Everyone seemed happy. About two weeks later, I got an invite to a "follow up" meeting to discuss it. As it was a "follow up meeting" I thought it was just as well to go alone, as the trip is 250 miles, and it didn't seem worth dragging a Union guy along. As soon as they found out I was alone, they delayed the start of the meeting for 40 minutes. When it finally started, the HR person excused herself, and was replaced by another manager. So, at this meeting, there was: Manager No1. Manager No2. Myself. Note taker. Then, basically, they laid into me nonstop, slagging off. I would also say that most of what they said was complete bull****. "Figures and data" pulled from thin air, etc. Finally, they told me that my hours were to be cut from 40 hours to 15. They followed this up with a letter than made even more ridiculous accusations, None of which were either true, and furthermore, they couldn't actually quote any reference or back up with any form of details of specific instances. They reiterated the cut from 40 to 15 hours... What I'm asking is, was the 2nd "follow up" meeting even legit? We had the first Formal "Capability meeting", we came to an agreement - then the invite to a "follow up" meeting arrived (And I quote) "Please attend a follow up meeting on Friday 1st June 2018 xxxxxxxxxxxxxxx During this meeting we will discuss the adjustments that you have requested and what measures we can put in place to support your request." Obviously, they didn't discuss the details from the first meeting, simply ran riot and called it a Capability meeting. Any thoughts?
  8. Thanks for the reply. I think the latest thing I've picked up on is the fact how much discrimination has occurred. The: Engineer 1: 80% Role1,2,3 – 20% Tickets. Engineer 2: 71% Role1,2,3 – 29% Tickets. Engineer 3: 94% Role1,2,3 – 6% Tickets. Me: 0% Role1,2,3 – 100% Tickets. Clearly shows that there's discrimination going on. I also have a whole lot of ammunition for (I'm trying to think of the technical terms for it....) LIES? For instance: They claimed I had sped 133 times in the space of a month (What they had actually done was take my tracker information, and multiplied it by 1.2 and pasted it into a spreadsheet so For instance, 70mph showed up as 84, etc.) Claimed I'd crashed the company car, failed to report it, then crashed it again. Sent my details to Yorkshire Police, claiming I was the driver of one of their vans (BTW, I've not been to Yorkshire for about 25 years, and never drive their vans) Made repeated attacks at both me and my wife (Don't ask me how she got involved in this matter) in front of Union reps. And that's just the tip of the iceberg. You couldn't make this up.
  9. Right. Here goes…. To the point of me being able to do the job, is yes. In fact, from the latest “data” that my employer has supplied, it would appear I don’t actually require “reasonable adjustments” to do my job. Just a stop to the harassment and discrimination. To explain. I am part of a team of engineers. The job description says we do four “roles”. I’ll call them Role1, Role2, Role3, and “tickets” for sake of argument. We are, by definition, supposed to be doing a proportion of all these mixes of jobs. From the data supplied by my work, it clearly shows that I am being excluded from Job1, Job2, and Job3. I am EXCLUSIVELY being used for “Ticket” jobs only. Example: Engineer 1: 80% Role1,2,3 – 20% Tickets. Engineer 2: 71% Role1,2,3 – 29% Tickets. Engineer 3: 94% Role1,2,3 – 6% Tickets. Me: 0% Role1,2,3 – 100% Tickets. I would point out, that these engineers are located near me, have far less experience than me, and are far less qualified than me. BTW, ticket calls are the more menial jobs. Geography isn’t relevant, because, as my employer states, these are engineers covering the same area as I am. So, what is happening is the rest of the engineering staff are doing a reasonable mix of tasks, while I am exclusively being used for the most menial tasks. This is no longer “speculation, hearsay, or me being a grump.” This is drawn from data supplied by them. It is also clear that I am driving much more than the other engineers. I’m doing about 35-40,000 miles per year, while they are only doing 25,000 or so. So… Firstly, the “Reasonable adjustments I have asked for are a reduction in weekly mileages. And a reduction in ticket numbers. They claim that these “reasonable adjustments” have been in place since June 2017. Which is blatantly false, as the issue was only formally raised in April 2018. The bottom line is, if I was treated in the same manner as the other engineers, I would easily do the job.
  10. Damn, I had a huge reply written out, and got logged off.... I'll reply later, but the bottom line is YES to both.
  11. Hiya, not had news on this for quite a while... I can confirm that I AM covered by Equality Act 2010 according to: The Equality Advisory and Support Service, ACAS, two independent doctors and a counselor. Things have got rather dirty and personal since my last post... They've made personal attacks against me and my wife (Don't know what my wife had to do with things) in front of other employees and my Union Rep. They've falsified documents in an attempt to get grounds to fire me (They took my data from my tracker in my car, multiplied the speed by 20% and "presented it" to me as grounds for dismissal. Maybe if they hadn't just made everything straight forward 20%, it could've got through.) They have developed a tactic of "ambush" meetings, designed to address one issue, but actually used to bring another one up.
  12. Hi again. While I can see what you're saying, you still seem to be missing the point about them changing the job in a specific manner to (for want of a better word) "inconvenience" me. I have even surreptitiously got a job description from them, and I CAN do every single thing they ask on it. They're clearly asking extra of me, and ONLY me. There is also the discrimination of sending me (In Weston Super Mare) to ridiculously long distance calls when they have lesser qualified (but more suited) engineers nearby, in the full knowledge that it was causing physical injury to me, as confirmed in an email from them in July 2017. Bottom line is that - on a level playing field - I am capable of doing the job I am employed to do. In fact, I am the singularly most qualified engineer they employ. I am also the one with arguably the most (30 years) experience. My experience / qualifications and their job description fit like hand and glove. They are simply discriminating against me. For instance, if I had "difficulty" arranging flowers in a vase, you could bet they'd start sending me out to Newcastle to arrange flowers. I've perhaps been more apologetic for some of my shortcomings than I should have, but they are doing the wrong, not me. I am 100% capable of doing my job. They've also breached documented arrangements / adjustments, or whatever you call them, for injuries that I received while working for them, and they have done so in a malicious manner. This has compounded physical damage to me, and both my and their doctors have catalogued the injuries to me on that front. I think my positions is, if they want to fire me, let them. I actually enjoy the work I do (The job in my job description), but I've no particular desire to work for a company that will do that to a human being. My Union will represent me in any unfair dismissal / grievance hearing. They obviously have access to some mails I can't divulge here, but they see it as a firm case if it goes in that direction. They've also put me in touch with their legal team regarding compensation for industrial injuries and harassment at work.
  13. Hiya. Thanks for the reply. I see three points there, so I'll have a crack at them. Regarding the kind of work... Their Doctor has confirmed that the "intricate" work, as we'll call it, is physically damaging to my neck. I'll be honest. I don't know where he got that from, but I'm happy to accept that. It wasn't something I specifically asked him to put in, he just did. So, to my mind, there is a causality between my neck injury and the type of work involved and that's been verified by their own doctor. Also, it's not simply a "dislike" - it's an inability. I'm always trying to find a way to explain it... Imagine you are tasked with threading very small needles with incredibly fine thread (While in the front room of someone's house, while their cat tries to befriend you). Some people will be able to, others can't. I belong in the "can't" partition. As I've described it, it's like being employed to repair cars, and then being expected to repair old clock movement watches. I agreed the adjustment, and have repeatedly complained about the driving in excess of that adjustment. Most of the time, they ignore my complaint, and on many occasions, they've used the well known phrase "Well, you've not got a job with us then," (I would say they do that by phone, so no email audit trail.) How I would word a statement on it would be: "Despite making repeated and vocal complaints, to both my line manager and HR, I felt forced to do these, in fear of losing my job..." While there is "wiggle room" regarding the belief of the 200 mile a day ruling. I agree both sides can read it differently. And while, to me, my doctor, and now my Union Rep, the medical certificate is clear and precise, I can cope with others perhaps thinking differently. However, their statement about certain tickets: "You said that we can support you by limiting the driving distance, specifically no London or South Coast. We did agree that this is possible. Please do not think that it was a “lack of common sense” on our part. At times we have emergencies or lack of a free local engineer and this has been the reason for assigning long-distance tickets to you. However, we now understand the impact this has on you and will not be assigning such tickets to you." This seems as slam dunk as it could be. This was a promise / commitment made by their head of HR. By ways of intimidation, they coerced me into breaking it, and I've complained about those times. As to outright refusing. I did that very thing yesterday. I emailed both my line manager and HR, explaining my reasons, and quoting both my doctor and theirs about the physical damage it was causing me. I have not heard back from them. I believe I have been marked off as sick. Finally. As far as I am concerned, the statement a few comments ago was, and remains forever. The quote is directly from the document. I can't see any ambiguity in the statement. Unless Bournemouth, Southampton, Portsmouth, Falmouth, Torquay and Plymouth have magically been transported elsewhere in the UK, their commitment has been breached numerous times. Thanks again.
  14. Hi. Once again, thanks for the reply. You mention "adjustments" and that is quite interesting. In June(ish) last year, they accepted "adjustments" based on my neck injury. This was based on negotiations between my GP and the Company. He wanted much less than 200, they wanted much more. Eventually they settled on 200 miles per day. They agreed (In email correspondence, after a grievance meeting) to limit my driving to 200 miles per day. I have repeated emails from them that they've complied with this, but, clearly, they haven't. They have repeatedly broken this agreement / adjustment. I've just done a mileage spreadsheet, and it shows that almost 40% of the time, I am tasked well beyond 200 miles per day. As an example, this month, I've worked 14 days, and I've done 7 days over 200 miles. That's 50% of my time with this agreement being broken. This is part of the email sent to me on 5th of July by the Head of HR. (Hope the red works, lol.) "You said that we can support you by limiting the driving distance, specifically no London or South Coast. We did agree that this is possible. Please do not think that it was a “lack of common sense” on our part. At times we have emergencies or lack of a free local engineer and this has been the reason for assigning long-distance tickets to you. However, we now understand the impact this has on you and will not be assigning such tickets to you." I don't know if I'm being pedantic, but that - to me - seems an adjustment being agreed by them. Additionally, none of these tasks fall within my job description, or my previous skill set. The way I described it to their doctor was "While you're a Doctor, and a GP, that is fine. But would you be comfortable doing a retinal transplant?" That is, in technical terms, what they are doing to me. I've got some comms going with my Union now, and we're arranging face to face meetings. But if you feel there's anything to be said, feel free, you are certainly one smart cookie.
  15. Hi. Here is the "contract of Employment" they say I signed. I would point out that they can't actually supply the one I allegedly signed, but this is what they claim. I've also edited out specific points for confidentiality purposes. CONTRACT OF EMPLOYMENT This document forms your contract of employment in accordance with current legislation with XXXXX Name of Employee: XXXXXXXXXXXXXXX Date of commencement: 29th July 2015 Continuous Service date: As Above Normal place of work: Home based Position title: Mobile Engineer The company reserves the right, upon reasonable notice, to require you to undertake any duties which fall within your capabilities or to transfer you temporarily or permanently to reasonable alternative places of work within the UK. You will not be required to work outside of the UK for a period of more than 1 month. 1. Salary XXXXX 2. Hours of Work Your normal working hours will be as required for the proper performance of your duties of employment but will not normally be less than 40 per week. In accordance with the Working Time Regulations, should you wish to work more than 48 hours per week, please refer to the enclosed document and opt out form. You may be required to work overtime and shift work as and when required for business and contract needs. If your role attracts enhanced payments for telephone standby or permanent standby this will be outlined to you by your manager. 3. References This offer is subject to receipt of employment and medical references which we deem to be satisfactory. You must provide references which cover the last 3 years of employment. 4. Background and security checks The Employee agrees to provide the Employer with an official document issued by the police or a governmental agency (e.g. criminal record / certificate of good conduct) in order to testify any criminal records as part of a background check. This certificate or at least the confirmation of the request should be presented to the Employer at the latest on the first working day. The Employee agrees to undergo further background checks (e.g. advanced security vetting), if these are or will be required for this role. 5. Probation Period Your employment in this position is subject to satisfactory completion of a six month probation period. During this probationary period your employment may be terminated in accordance with notice period outlined at Section 9. 6. Deduction from Wages In accordance with the Employment Rights Act 1996, we may deduct money that you owe to the Company from your wages in certain circumstances such as: a. You leave your job without giving the required notice b. You leave your job and fail to return any of the Company’s equipment or have taken more annual leave entitlement than that which is entitled to you c. If we overpay you, you will be required to pay back the amount you were not entitled to. We will inform you in writing prior to any deductions being made 7. Annual Leave Entitlement The annual leave year begins on 1st January and ends on 31st December. You are entitled to 28 days holiday for a complete leave year, pro rata. This figure includes your entitlement for the 8 recognised Public/Bank Holidays. Public/Bank holidays in Scotland and the Republic of Ireland will vary. Entitlements will be reduced pro rata to each calendar week of service in the year of joining and leaving the company. You may be required to work on a Public/Bank holiday, in which case the company will not deduct any holiday days from your holiday balance. If the company does not require you to work on a public holiday, you will be rostered for a holiday and that day will be deducted from your annual leave entitlement. 8. Sickness and Injury You should familiarise yourself with the Attendance Management Procedure operated by the Company, which is non contractual. If you are absent due to sickness or injury, you must notify your immediate manager at least 1 hour before your start time or in any case before 09:00am on the first day of absence. Should your absence continue, it is necessary for you to keep in daily contact with your immediate manager before 09:00am each day. Subject to the aforementioned procedure being followed, Company sick pay will be made in accordance with the following scale to be calculated according to your length of service with the Company: 0-6 months 1 week 7 months to 2 years 2 weeks 2 years + to 5 years 5 weeks 5 years + 8 weeks This Company sick pay is inclusive of statutory sick pay ("SSP"). SSP is available for up to 28 weeks of absence through sickness in any one period. If you are receiving Company sick pay, this will include any entitlement to SSP. Once your entitlement to Company sick pay has been exhausted you will continue to be entitled to statutory sick pay for up to 28 weeks of sickness absence. The Company reserves the right to require you to attend an Independent Occupational Health Adviser and your agreement is a condition of your employment. Abuse of the Attendance Management Procedure will be treated as a disciplinary offence. 9. Retirement No default retirement age applies. Where you would like to commence retirement the appropriate notice of termination as detailed in section 9 should be given. 10. Notice of Termination During the probationary period your entitlement to notice from the Company and the notice you will be required to give the Company, should you wish to leave, will be one week during the first four weeks of employment, then 2 weeks up to the end of your probationary period. Thereafter, your entitlement to notice from the Company is 4 weeks and the notice you are required to give the Company is 4 weeks up to 5 years service. After 5 years service you will be entitled to an additional weeks notice for each completed year of service up to a maximum of 12 weeks for 12 or more years service and you will be required to give the Company the same notice period. The Company or Employee may waive their right to all or part of the notice period on any occasion by mutual agreement. In the event of any gross misconduct on the part of the employee or serious breach of the terms of this agreement, the Company may terminate employment without prior notice or payment in lieu thereof without prejudice to any other remedy which the Company may have in respect of any such misconduct. 11. Company vehicle As agreed you will receive a company vehicle only after submitting all requested documents, you will also receive a fuel card for business mileage only. 12. Driving Licence Whilst employed in this position, you are required to hold a full UK Driving Licence. Where loss of your Driving Licence renders you incapable of carrying out your duties as required, you will be redeployed where feasible or your contract of employment will be terminated under the Disciplinary Procedure. 13. Pension Scheme You may be eligible to join the auto enrolment Pension Scheme. Human Resources will send you more information. Membership of the XXXXXXXXX auto enrolment Pension Scheme is strictly subject to the rules of the scheme as amended from time to time. The Company reserves the right to vary or discontinue any scheme in place from time to time. There is a contracting-out certificate in force under the Pension Schemes Act 1993 as amended. 14. Special Conditions There is a requirement for all individuals to provide their new employer with documentation that demonstrates they are eligible to work in the United Kingdom. If you have not already provided original document(s), please bring with you original document(s) on your first day of employment. Please find details of acceptable documentation on the attached sheet. Failure to provide us with the relevant documentation may result in your contact of employment being nullified. 15. Change of Personal Details If there is a change in any of your personal details including name, marital status, address and bank details, you must inform the Human Resources team in writing. 16. Confidential Information You must not disclose to any person outside of the Company any information relating to the Company’s business affairs or trade secrets that are of a private or confidential nature. This restriction applies after the termination of employment without time limit but will cease to apply to information that may come legitimately into the public domain. Further information on this clause is contained within the Company Confidentiality, Invention and Restricted Covenants Policy. 17. Conflict of Interest Restriction on other activities You must obtain the written consent of the Company before engaging in any activity of occupation concerned with any trade or business other than the business of the Company. Employing relatives Close relatives should not be employed in any situation where one would be responsible for managing, auditing or authorising the work of the other. This also applies to personal relationships that may develop in the work place: here the Company reserves the right to transfer one or both of the employees to suitable alternative places of work. Acceptance of gifts You should avoid acceptance of any gift of greater than £10 e.g. a diary, simple calendar, or of any entertainment or favours which go beyond common courtesies of any sort in connection with work for the Company. If an employee is approached with a gift of greater than £10, they must escalate this to their manager before acceptance. 18. Use of Company Property You must not use Company property including Company mobile phones, landlines and internet for personal use unless express permission has been obtained from your manager in writing. 19. Company Policies and Procedures The Company has a full range of employment policies and procedures, which are non contractual relating to a spectrum of employment related matters including a Maternity Policy, Attendance Management Policy, Disciplinary and Grievance Procedure. You must comply at all times with Company policies and Procedures as amended from time to time. Failure to comply with the Company’s rules, policies and procedures can lead to disciplinary action. 20. Third Party Rights A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act. 21. Governing Law and Jurisdiction This agreement shall be governed by and construed in accordance with the law of England and Wales Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this agreement. 22. General Regulations In accordance with the Employment Rights Act 1996, we are required to inform you of the following: a. No collective agreements have been entered into with any trade union which affect the terms and conditions of your employment
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