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simon4amiee

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  1. manager asked childminder if available to take care of our daughter on said extra days, childminder said OK to work, manager asked my wife to work and said she OK'd with childminder, first time my wife knows is when she gets asked to work, which as bank staff she can or she cant its her decision. Just feel she has been cornered here as manager says its been verified by childcare your available. Must stress no permission was ever given at any stage for them to discuss arrangements
  2. HI all, my wife works as a Bank Catering assistant with the NHS. We also have a little one we arrange childcare for. My wife rolled into work today and her supervisor asked her if she could work an additional day per week, she also said that she had cleared this with the childminder first so that wasn't an issue. To add my wifes supervisor and our childminder are sisters. Surely on both counts it much breach some kind of regulations/policies. Both my wifes supervisor or our childminder shouldn't be discussing my wifes hours or availability prior to having the conversation with my wife. Just wondered what the best course of action is here. IS this wrong??
  3. We have an internal forum, and many have asked on there how NCP are getting access to home addresses and the threads keep getting deleted with no comments, yet the trust still reply to other questions, very odd.Terms and ConditionsIn participating in this offer you are agreeing to a change to your terms and conditions ofemployment. In exchange for having a car parking permit, you give up an amount of your salary eachpay period (before employee deductions), to cover the costs incurred by XXXXXXXXXXXXXX in providing it to you.THE CHANGES TO YOUR EMPLOYMENT TERMS AND CONDITIONSDEFINITIONS“Agreement” means this Agreement which incorporates these terms and conditions;“Period” means the duration of the Benefit period as stated in this Agreement;“Permit” means the car parking permit listed in this Agreement to be acquired by you;“We” and “Our” means XXXXXXXXXXXXXX;“You” and “Your” means an employee of XXXXXXXXXXXXXXacquiring the Permits as identified in this Agreement.1. ORDERING, DELIVERY AND COLLECTION1.1 ORDERINGThe permit will be ordered following the placing of your application and consequent Agreement ofyou to these terms and conditions.)1.2 COLLECTION TIMEAll collections are Monday to Friday (excluding Public Holidays) and will be published on the TrustIntranet. If you have any queries please email: xxxxxxxx1.3 PLACE OF DELIVERY & CHANGE OF ADDRESSThe permit will be available for collection from either Car Parking Office on CHH or HRI.1.4 CONFIRMATION AND COLLECTIONAt the time the permit is collected, you will be required to confirm all details displayed on the permitare correct.1.5 DELAYS IN DELIVERY OR COLLECTIONWe will not be liable for any delay in delivering the permit to you or for failing to have the permitavailable if that delay or failure is due to any event or circumstance beyond our reasonable control.This includes where we cannot get supplies of the permit. If we are unable to obtain the permit, wewill let you know, and we or you may cancel this Agreement, without any party having furtherliability to the other.2. ADJUSTMENT TO YOUR PAY2.1 SALARY EXCHANGEYou hereby agree that your gross salary will change and be reduced until such time as you or theTrust choose to cancel this Agreement. This Agreement shall be taken to be a statement of thechange to your employment particulars, as required by Section 4 of the Employment Rights Act 1996and that your employment remuneration will include the provision of the permit to you. By tickingthe box to signify your agreement to these terms and conditions you should be aware that youwaive your rights to automatically return to your original salary at the end of the Period.2.2 MATERNITY, ADOPTION, ADDITIONAL PATERNITY LEAVE AND LONG TERM SICKIf you have a period of unpaid leave, for example unpaid maternity or sick leave; payments willcontinue to be taken until such time as they are cancelled or can no longer be taken.2.3 OTHER EMPLOYMENT BENEFITSThis Agreement may affect those benefits linked to salary such as pensions, maternity, paternity,sickness pay. Please refer to the FAQ section on the website.3. TERMINATION OF THIS AGREEMENTThis Agreement is terminated if:(a) You leave our employment, for any reason whatsoever, or(b) This Agreement has run its full term,© You no longer wish to pay for the Permit via salary sacrifice,(d) You no longer require this Permit.3.1 CANCELLATION OF THE PERMITOn cancellation of the permit the permit must be surrendered at a Trust Car Parking Office. Failure do so may result in an administration charge being levied.4. YOUR GENERAL OBLIGATIONS4.1 PERMITTED USE OF THE PERMITThe permit can only be used when displayed in vehicles registered to the user and listed on the permit.4.2 CARE OF THE PERMITYou must take reasonable care and use the permit properly and safely. If the permit is lost areplacement will be provided following the payment of the currently applicable fee.4.3 PERMITTED ALTERATION OF THE PERMITThere are no permitted alterations of the permit. Any changes must be requested as a replacement permit.4.4 THIRD PARTY RIGHTSA person who is not a party to this Agreement has no right under the Contracts (Right of Third Parties) Act 1999 to enforce any term of this Agreement. However, we reserve the right to appoint any agent(s) to act on our behalf in respect to enforcing this Agreement.4.5 WAIVERAny waiver or indulgence by us or failure by us to enforce our rights (whether by oversight or otherwise) shall not affect our right to rely subsequently on any other term(s) of this Agreement.4.6 LAWThis Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English CourtsBy signing below, I signify my understanding and acceptance of the terms and conditionsset out above and I agree to a variation of my terms and conditions of employment.SignaturePrint NameDate of signatureNCP PARKING TERMSPARKING PERMITS TERMS AND CONDITIONSIt is the motorist’s responsibility to park safely and without prejudice to the operational functions of thehospital and, in compliance with these terms and conditions. The provision and effective management of carparking is critical to ensure access to the hospital sites is maintained.The Trust reserves the right to withdraw, or not issue, parking permits where these terms and conditions arebreached. Examples of breaches include, but are not limited to: –• Causing an obstruction or hazard that is a risk to safety e.g. blocking exits, obstructing other motorists’view, parking on or near a pedestrian crossing, parking on footpaths• Causing an obstruction or hazard that impedes service delivery e.g. service vehicles unable to accessdelivery/collection points• Parking in a patient/visitor area or disabled space (without a blue badge)• Speeding on site• Parking without due consideration for other users e.g. across 2 parking bays• Repeated failure to display a valid permit clearly in the vehicle• Allowing the use of the permit in a non-designated vehicle• Use of a non-valid permit e.g. out of date permit.The issue, use and return of permits -• One permit per person• Valid for the designated vehicles only (maximum 2 vehicles) and non-transferrable.• The valid permit must be displayed clearly in the vehicle• Only permits issued by the Trust (or authorised contractor) are valid. Permits must not be altered,photocopied or reproduced.• Other notes/documents displayed by the user are not an acceptable substitute for a valid permit.• Permits must be surrendered to the Car Parking Office on ceasing employment/working at the Trust orwhen the permit is no longer required. Penalty Charge Notices will be issued where a non-valid permitis displayed). Written applications to cease payment must be made to the Car Parking Department,enclosing the permit, before notification is passed to Payroll.• Old permits must be returned when applications are made for renewal/replacement permits. A newpermit must be obtained when the main vehicle is changed. There will be a service charge where theoriginal permit is not surrendered or for the issue of a replacement.A permit is not a guarantee of a parking space.It is the responsibility of the individual to notify the Car Parking Office of changes to contact details.Applications are made on the understanding that changes to car parking rates will be applied automatically andcommunicated by the normal channels of newsletter, global email etc. Charges are made for full months only.Charges will be reviewed annually by payroll to ensure staff pay the appropriate charge.EmployeeAs at September 2013 charges are:Salary Monthly ChargeUp to £21,000 £7£21,000 - £40,000 £10£40,000 and above £15Charges for part time staff are pro rata.Non-Employee Charges£15 Per MonthDisabled Parking BaysClearly marked bays exist on each site for Blue Badge holders only. Employees using these facilities mustdisplay a valid staff permit in conjunction with a Blue Badge.Driving on Trust Sites and Speed LimitsDrivers must comply with the indicated site speed limits. Motorists should observe the rules of theHighway Code when driving through or manoeuvring on Trust sites.Yellow Lines/Red Lines/Cross Hatching/Grassed areas and FootpathsEmergency vehicles attending sites must always be guaranteed unobstructed access. Yellow/Red lines andcross hatching to indicate areas that cannot be used for stopping. Drivers must not stop or park their vehiclein these areas. Parking on grassed areas or footpaths is strictly prohibited.Fire ExitsUnder no circumstances are vehicles allowed to obstruct or block fire exits.On Call BaysThe use of on call bays is for emergency on call only. The bay must be vacated and the vehicle moved to anormal parking space once the emergency has been dealt with.Parking Charge NoticesParking Charge Notices (PCN) will be issued where there has been a breach to the Trust’s parking terms andconditions. Any queries or appeals concerning PCNs should be directed to the address given on the notice.Trust staff are not empowered to sanction their withdrawal. Non-payment of PCNs will be pursued and iscourt enforceable.Management of Car Parks and TrafficThe management of parking and traffic is contracted out to a third party provider who acts on the Trust’sbehalf in enforcing parking terms and conditions. Car park users should respect this partnership by followinginstruction and advice where this is appropriately given, and to treat the contractor’s staff with respect.Abusive behaviour will not be tolerated.Civil Enforcement shall be issued to all vehicles parked in contravention of any parking restrictions and/orpayment requirements.EnforcementBreach of these Terms and Conditions will be subject to the following enforcement and charges:-• First Breach - a warning notice will be applied to the vehicle and a record filed on the vehicledatabase.• Second Breach - a Parking Charge Notice (PCN) will be issued for payment as stated on the PCN.Details are recorded on the vehicle database.• Third and Subsequent Breaches - a PCN will be issued. In addition, the Trust reserves the right towithdraw or suspend parking rights from anyone who persistently breaches parking terms andconditions.Staff may be subject to disciplinary action as appropriate where there have been persistent and/or seriousbreaches of the terms and conditions, including the fraudulent use of permits.These Terms and Conditions shall apply without exception to all users of the Trust parking facilities androadways provided and maintained by the Trust.These car parking terms and conditions are subject to change. A full, up to date version can be found on theCar Parking intranet site.
  4. yes we have a permit systsem but i cant find anything on the T&C anywhere
  5. Quick questions, is an employer within their rights to hand over your address details to the NCP. NCP have a contract with the organisation staff work for. When the staff get a ticket they soon get letters through the door of thier homes chasing them for payment etc. Surely this cannot be right but gut feeling it probably is.
  6. Were you given the correct notice (usually 2 months ending at the end of a rent period)? NO was told to get out lol! Did the tenancy start after 6/4/07? If so, was the deposit protected? YES 15 months ago, and NO the deposit not protected (I checked) Is the property in England/Wales? YES ENGLAND Is there a written inventory taken when you moved in? NO TENANCY AGREEMENT AS WAS A FRIEND AT THE TIME I also doubt she declares this as its cash in hand to the inland revenue!
  7. Our landlord is witholding the bond and the last months receipt, I recorded the property on my phones camcorder the day we moved in, and the day we leave today ill do the same, we spent all week cleaning and tidying, also painted the kitchen which had no wallpaper on when we moved in. With regards to her holding last months receipt I also have her on a 20 min footage of her ranting and raving at my wife, and saying she is giving us nothing including the reciept. Thing is she was a friend, and that broke down over a pool match in her pub, and then she threw us out on that basis NOTHING relating to the house.
  8. Our landlord is witholding the bond and the last months receipt, I recorded the property on my phones camcorder the day we moved in, and the day we leave today ill do the same, we spent all week cleaning and tidying, also painted the kitchen which had no wallpaper on when we moved in. With regards to her holding last months receipt I also have her on a 20 min footage of her ranting and raving at my wife, and saying she is giving us nothing including the reciept. Thing is she was a friend, and that broke down over a pool match in her pub, and then she threw us out on that basis NOTHING relating to the house.
  9. Dear Sir/Madam, Re: XXXXXX I understand East Riding of Yorkshire Council has appointed you to recover my Council Tax Liability arrears of £1373.30. Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied. Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 36 months with 35 months payments at £38.00 and the balance of £43.30 to be paid on the 36th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship. I am able to pay the above amount on the 1st of each month, as an act of good faith I would be willing to set this up as of 1st December 2009. Please advise how you would like future payments made. My personal preference is payment by Standing Order. It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council. Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days. I am sending the council a copy of this letter and requesting that it be filled with my account for further reference. I hope the above meets your approval and I look forward to your timely reply by letter. Yours faithfully, Simon Evans cc. XXX Council MP XXX Office of Fair Trading After sending this letter this was my reply today::mad: Thankyou for your email. I have read the attached letter and can see that you are offering £38 per month. I have done a calculation of the outstanding amont and the guideline tinme that the council require this debt to be paid off in and unfortunately i cannot accept any offer lower than £202 per month. I have attached a statement of your account which details our fees and the original balance. With regards to your query about the attatchment of earnings i can only suggest that you contact the council to clarify what this is for, if it is in relation to this debt and you are paying it off that way directly to the council they will inform us of this, but as i have no evidence of this on our system it would be best for you to contact them to find out. Im sorry that i could not accept your offer at this time, all i could advise is that you make the payments to us anyway as voluntarty payments which will reduce your balance and thus reducing the arrangement minimum we can accept. Regards Philips :mad::mad:My wife has just had a tumour removed and as resting at home, and is very scared when bailiff keep persisting on knocking on the door, Ive tries to reasure her but while Im at work she is very vunerable please can anyone offer any sound advice.:-|:-|:-|
  10. thanks for that yes we paid £400 deposit, but as I say we have no tennacy agreement, so nothing was agreed regarding the term of the letting. How do I get the reciept for the rent we paid if she wont get us it though.
  11. Good morning, I have a meeting set up with the local Housing Officer and the CAB soon, however some on here may know if the best course of action. I live in private rented accommodation, I am up to date with rent, and never had any trouble regarding the house. The landlady is also the landlady of a local pub of which I play pool for. However because of a pool match we have fallen out and I am no longer allowed in the pub (politics and long story). Anyway I was in the middle of setting up a pool league which was in association with a charity in a rival pub, I did place posters for this in the window of our rented accommodation. Obviously our landlady was very upset and told us to take them down. I went to the local council for advise on this issue, and they advised she is within her right to ask you to take them down, which I did so on my return home. However while I was in the council I had no idea my landlady was behind me as she had gone into the council offices for another matter. She was furious and as a result issued my with one moths notice stating the reason as unforeseeable circumstances. The icing on the cake is that because I couldn't go into the pub my wife had to go in and pay the rent this month (27th) and this was 4 hours after she had a tumour removed in hospital so she wasn't very alert. The landlady took the money counted in front of customers and then said she would give us a receipt later as she was doing bingo. When my wife went last night to collect the receipt as we need it to show we have fully paid our rent, she was refused entry to the pub and as I witnessed told to F OFF when we asked for the receipt. I managed to record all this on my mobile camcorder, but she didn't seem bothered at all. I even got pushed away by a punter who obviously gets on well with our landlady. My wife doesn't work and I would never pass a credit check to get another property, and after 15 months with no problems I'm very worried as to were we are going to live.
  12. ive worked at a company for 4 years, they have just sacked my brother and now i think its my turn, what signs can I tell this is happening because im scared, my supervisor constantly asks me to do meanial jobs, and as line leader in a factory I do have to offer suggestions which she is saying is not doing as im told im constantly in the office being told off, yet i consider myself the hardest working employee, most are temps so i have the most experience. I even got promoted a year ago, and im wanted on nights by another supervisor who isnt like my currrent supervisor who has come in 6 omnths ago and to be fair she wants to make her mark! However, almost a year ago i was sacked for gross misconduct for swearing at a supervisor, BUT there were circumstances involving miscarriages, doctors etc, and the company were found to not follow procedure so I was reinstated on a final written, knowing this i have had had to try to calm down which i feel i have, but i just feel before the year probation ends they now want to get rid of me, and any slight disagreement will be deemed as not following managament instructions. Yesterday I was asked to change some print cartridges, but my experience made me question it as I thought it would last the day out as its colour coded for this reason. It didnt and a few batches didnt have any labels printed, yes I hold my hand up, the batch was caught and rectified thus no harm done. Then today i was aked tofill in a statement of the incident, i was not told why i had to do this, but i suspect i will have a disciplinary regarding it, as i was told they have seeked advice from MENTOR on the issue which they will be charged for, so because they got it wrong before they will pay to get it right. I feel i just made an error in judgement, but also feel im going to get hammered for it. I really dont know what to do at the moment im dreading it if i do get sacked!
  13. This is not the first time this company has gone through the wrong procedure, last time I got thanks to people on here my wifes job back after she was sacked wrongly. This time it is another member of staff there. Has told today he was going to be let go, the reason being he attitude (not showing enough committment), and taking too much time off. 1) Taking too much time off, he was employed from DECEMBER 2008 and has had 1 day (which was overtime not a normal working day) off and when he broke his wrist had a 5 weeks off which a medical certificate from the doctor was supplied. 2) Showing committment, he was supposed to be off for 7 weeks but wanted to come back early whilst still in pot. There was also rumours that the company was TRYING to get rid of him!! I have asked him to get copies of all correspondance to date on his file. his inital TRIAL period was 3 months (YET they say he was still on a temporany), he has never been given a full contract even though he has been ther 6 months! According to there own policy, a verbal warning states he had to told of his conduct or performance, then this put in writing. However until he was told he was gitting rid of he had no prior warnings of bad performance. I am at a loss here how to proceed, but Im sure the members on her know i little bit more than I do. Should he put in a greivance???? What steps need to be taken?????? Is the company wrong???? All advice very welcome. Kind Regards Simon
  14. yep worked there years full time, and currently on overtime too which she rarely refuses. Company are a bit tight though, rumour got round to my brother in law who also works there they are trying to get rid of him. Also my wife got sacked for gross misconduct and thanks to these and other forums, I managed to get her re-instated and she was back paid lol, for a small company they dont really know how to treat staff fairly imho!
  15. Whats the best course of action if my wife is point blank refused time off for a minor operation (cyst removal), she has been told she cant take time off now until September as the company is busy and others have booked time off. Any idea, as she is in some discomfort and will receive the letter for the op within a day or two!
  16. i just started a new job, 1st week im off for infections of these buggers, 2nd week my son smashed he teeth through his mouth and was on emergency operations list at hull royal, 3 week i took off to stay here for council, sorry all these just oneday, thats not the questions the question is the employers reaction, i know there are several emploters on here, but i also know there are load of people that know whats right and wrong!
  17. my wife explained everything to her employer, there is no union at her place, and too be fair she got sack for gross misconduct, yet thanks to these forums, she is back working there, as they do not follow procedures, i think a few hours off for an emergency when she is HAS to work overtime throughout the week is beyond a joke, if I showed you pics of the home its bare, in fact we are moving out, cant cope anymore, and yes council only do our area monday and wednesdays, they did one room at a time per week, but i feel they can then spread again to other rooms, we have got rid of everything I mean everything, but thats not the issue, my wife needed to be here to supervise the councils visit but was point blank refused, this is a quote from my wifes manager "i cant afford to have you off as this is the busiest period, and you are a line leader, your too much of an important person to have time off, when the company is like this we cant really have you taking time off"
  18. Evening all, my wife came home upset today as her work refused to let her have a few house off for an emergency at home, for 4 week we have had the council round to clear out a horrible infestation of bedbugs, we thought initially they were fleas, but after putting up with constant bites for 8 months, I called the council in, however either me or my wife had to be home on the date and time they were here. This monday was my wifes turn again, but because the company she works for are asking people to work overtime, she was refused holidays during this period and was told she could have no time off for any reason, in the 4 weeks the council have been coming they advised us to get rid of every single bit of wooden furniture, this was practically the entire home is now sitting in our back garden so you can imagine the stress we are in at the moment, our upstairs is bare but been given the all clear, just downstairs needs doing. I still getting bit all over, but what annoyed me is that i feel this a serious matter and her work has ignored it, i was wondering is there anything we can do, the council did call today but no one in now we have to wait a week getting bit again, and we have no furniture to sit on or sleep on PLEASE HELP, her work is just unreasonable!
  19. Is slating someone publicy on facebook classed as lible or slander, Ive been told by a freind that I have been slated very badly on facebook, he copied and pasted it to me, and i couldnt beleive what I read. I am surprised facebook even allowed it as she mentioned in detail using my name, now people that see it will get the wrong impression of me, is their anything legally i can do!
  20. The wifes appeal was upheld, and the dismissal changed to a final written warning, she is reinstated on full pay up to today, thanks for all the help on here, I think because the company knew this would end up at a tribunal and knowing they had not followed correct procedure they have back tracked quicker than mr bolt on speed!
  21. quality, after sending the appeal request letter (above) the company swnt in writing her greivance decision to withdraw the verbal warning, we will be keeping the letter as it is date suspiciously 26th August, the date she was told she was sacked (she got THAT letter), but yet was posted on the 29th August 2 days after receiveing the appeal letter saying she hadnt received notification in writing of the appeal!
  22. When my wife has an appeal hearing is she allowed to record it anstead of getting spmeone to take notes!
  23. This is my 1st attempt of a letter of appeal, advice please! Dear XXXXXX, I am writing to tell you that I wish to appeal against the decision of dismissal made on 26th August 2008 provided to me in your letter on 26th August 2008. This action is being considered with regard to the following circumstances: You state ‘failure to carry out reasonable management instructions’, this I feel was unreasonable having just been involved in disciplinary hearing with the Supervisor asking me to carry out these instructions. I received no time to prepare or was ever notified in writing, I had just received an official verbal warning and as such my refusal being brought on by the stress of earlier disciplinary action & grievance, and that in the light of my previous work record the belief that the sanction of dismissal was disproportionate. You mention ‘serious insubordination’, which wasn’t mentioned in the original letter of Notice of Disciplinary Meeting, also an act of insubordination that has caused only an 'inconvenience' is not severe enough to warrant summary dismissal - the normal phrase you would see as a definition of Gross Misconduct would be a 'persistent' failure to follow reasonable management instructions. The Company relies on a recinded (and unrelated) verbal warning and an 'expired' warning. No details are given of the other Gross Misconduct dismissal so there is no evidence that the Company is acting 'consistently' I would like to request all correspondence and notes on my permanent record to the purposes of this appeal. 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 (not more than 28 if subject to UK law) days of the date of this letter. Yours sincerely
  24. Over 3 years, I have only till tomorrow to appeal; there are a number of issues I think having read through the procedures and letters. They mention recent disciplinary meeting where she had a verbal warning for using a phone in works time, however she received no such letter in writing stating she had had a verbal warning, she put in a grievance and the verbal was overturned due to the circumstances. They mention past insubordination which happed in July 2006, which I'm sure she was on a year final warning, this time came and went yet was still mentioned. She failed in the original meeting to out her point accords, she isn’t the brightest of sparks bless her, so I am writing an appeal based on the circumstances surrounding her dismissal. Firstly her frame of mind at the time, we had been waiting 3-4 months for test results back from the doctors, and on Monday 11th August we received a letter saying the appointment was now put back to late October, as we have had 3 pregnancies and 3 miscarriages, we both had intensive testing done on our bloods/chromosomes etc, and we were very keen to know if anything was abnormal. My wife rang the hospital during her lunch break (12.30-1.00pm) on 11th August 2008, due to being passed to person to person (she had it on loud speaker with witnesses), the phone call went 10 mins into her working hours (1.10pm). At 1.11pm she was called into an office on told she was going to be given an official verbal warning for using her phone in work time and coming back from lunch late, my wife tried to explain but fell on deaf ears (no written confirmation of the verbal warning was ever received). As a result at 1.20pm on resumption of her work she was then ordered to another part of the production line by her supervisor who had just given her the verbal. My wife argued that as line leader it was her job to help other to clear their area before moving on, the supervisor asked her again to stop what she was doing and move to another part of the production line which my wife refused. the next day 12th August 2008, my wife sent a letter of grievance into the company regarding the verbal warning, explaining her reasons, and the fact it has never happened before in 3-4 years, and that any time lost she would be more than willing to make up. On Monday 18th August she received a letter asking her to attend a grievance appeal meeting on Thursday 21st August @ 10.30am, to which she attended. The meeting I told went well and the Verbal Warning was rescinded due to the circumstances, and she was just told that using a phone in works time is a health and safety issue and she should restrict her time on it to her breaks. Also on Monday 18th August 2008, she received another letter which was 'Notice of disciplinary Meeting, which said she had to attend on Thursday 21stAugust @ 4.00pm stating 'As you will be aware from our discussion on 18 August 2008 it is alleged that you refused to carry out reasonable management instructions which is viewed by the Company to be Gross Misconduct. As this is considered a gross misconduct offence and if found to be so at your disciplinary hearing it could result in dismissal. As this is a formal disciplinary meeting, you may be accompanied by a work colleague or a Trade Union Official. To assist you prepare for the meeting, I enclose a copy of the Company's Disciplinary Procedure' During this time my wife was not suspended and continued to work, on 21st August 2008, she attended the meeting with a witness, she admitted and accepted she refused to carry out a supervisors orders, but didn’t really get across why she did so due to her angry and upset frame of mind at the time. She was told verbally she would get a reply the following day. On 22nd August she was then told they hadn’t come to a decision and that she would have to waiting until after the bank holiday Tuesday 26th August 2008. On Tuesday 26th August 2008, she received her answer and the letter stating the following. 'Further to the Disciplinary hearing on Thursday 21 august 2008 which was attended by you, myself in my capacity as production manager, Kay Briggs minute taker - (who happens to be her supervisor in question), I am writing to regrettably confirm your summary dismissal from the company. The purpose of the above hearing was to give you an opportunity to provide a satisfactory explanation form the following area of misconduct which the Company considered to be the gravest and utmost severity. - Serious insubordination - Failure to carry out reasonable management instructions At the hearing you said that you failed to carry out the instruction, that was asked of you several times, which was to move to another filling line to assist in the preparation of an urgent order, on the grounds that you wished to remain on the line and clear the mess that had been made. You have confirmed during the meeting that you are ware that such action could be construed as Gross misconduct. After careful consideration I find your explanation wholly unacceptable because irrespective of the duties you felt you needed to perform, there was a much more pressing need to attend the urgent production of the Ready Mixed Adhesive that your supervisor had been asked to prepare. Without your assistance this order there was a potential for it to be delayed. It is up to the supervisor to prioritize the production cycle not you. Your failure to Co-operate, and indeed the manner of your refusal, caused inconvenience and other, less able staff then had to be used instead. With you previous experience of failing to acknowledge and undertake instruction that led to disciplinary action being taken against you, would have suggested that you disobeyed these instructions knowing that it could lead to further disciplinary action. With your previous history of insubordination as stated above I am unconvinced that similar issues will not reoccur in the future. Furthermore, I find you actions amount to gross misconduct. As we have had a similar but unrelated incident within the company recently that led to dismissal we have to remain consistent and as a consequence. Therefore, I have no alternative but to summarily dismiss you from the company. This means that you are not entitled to notice or pay in lieu of notice. Your date of dismissal is, therefore 26th August 2008. Your P45 and any monies owing to you including holiday pay and outstanding wages will be forwarded to your home address. Finally you have the right to appeal against you Dismissal. If you wish to exercise this right, you should write to XXXXXXX, Managing Director, within 3 working days stating your reasons for such an appeal.
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