amanda was that the same issue as your thread about tunnel passes etc? It would be nice if you updated it - then the people following your story will be notified of the outcome.

the disciplinary was on wed 14/11/12 the company have no solid evidence to say that tunnel pass was in my possession no cctv, nothing, i asked what prompted the investigation the response was chinese whispers. i also said i felt with disciplinary was pre determined to sack me on the back of the informal grievance i had with supervisor which resulted in my manager getting a telling off, of course he said no nothing to do with the grievance. the outcome was i have been offered a compromise, which tells me no solid evidence but doesn't want me back in company, then my partner they said he would get a final written warning for what i don't know got nothing on him apart from he lives with me, then they went on to say a complaint gone in against him but wouldn't indulge what it was (which makes me think they're bluffing), so already on a final written with another would be the sack, they offered him a compromise of money also but not enough, how can company offer money if your getting sack unless they know we have a case against them?

Well I've found the form and in the process of competing it out.

 

I' not to sure of the compensation amount. I never thought you could claim compensation. The plan was just to get his job back but my hubby says they would just find another way to get rid of him later on.

 

Any advise on filling out this form would be great.

 

Thanks

if it's proved your husband was unfairly dismissed he will get compensation but couldn't tell you how much, me and my partner just been through same thing i was getting sacked on a pre determined disciplinary i walked away with just under £3000 to keep my mouth shut, i also got good reference my partner was getting a final written warning for something he hasn't done but that was overturned with a pay out, yuor husband is right if he got his job back it wouldn't be the same and the company would find away to get rid of him, if your husband is in a union they can help with forms if he's not citizens advise will help you but legal fees for solicitors can get expensive, get advise, goodluck

I have all emails i sent to manager and h.r. all correspondence i received also.

The manager is looking to get me out because he got told off. so this is how i see it.

JUNE 2012 complained to manager about supervisor....................... said he would deal with it

JUNE 2012 i went on sick with stress

JULY 2012 manager still not dealt with issues with supervisor

AUG 2012 i contacted h'r for advise, it was then i was told to send email to h.r and they would look into it, emails going backwards and forwards but still nothing resolved.

SEPT 2012 informal grievance meeting with myself union rep manager and h.r by conference call. only thing that was sorted was mediation for me and supervisor.

SEPT 2012 returned to work. had back to work interview which was a sham, i thought back to work interviews were to see how they can get yo back to work with no stress, not mine i was in right state after my interview, end of sept had mediation in the room was myself, union rep, supervisor and manager by conference call was h.r

Oct 2012 suspended pending investigations

NOV 2012 union stopped disciplinary hearing as it's already pre determined and they hadn't supplied paperwork i asked for. next disciplinary is wed this week

Hi Amanda, in answer to post #47, consistency is one of the foundations of fairness in the treatment of employees. However, employers can take different disciplinary measures against different employees for a number of reasons, e.g. length of service, previous disciplinary record, previous performance record, mitigating circumstances, etc. So an employer is only obliged to treat employees the same in terms of punishment if the circumstances are virtually identical. I've seen cases where two or more employees have been found guilty of misconduct and the action taken differs which makes sense in the circumstances, and I have seen cases where the inconsistency seems unfair. It is important to mount a robust defense of yourself as there is scope for employers to act unsrcupulously in circumstances like this if they choose to do so. I wouldn't think it is right to suspend some people and not others though, and of course if the outcome of the disciplinary has been decided in advance then this would be illegal.

i have been employed by company for 15yrs with a clean record until this,

2 people who work under me. 1 never got suspended been with company nearly 3 yrs already has final written warning for previous

1 was suspended but is back at work with a final written warning hasn't worked for the company a year.

myself and my partner still suspended but we both know we're being sacked as the manager told the union rep last week, already pre determined before our disciplinary,. my partner has worked for company for 4 yrs and never had a warning,

I still maintain manager not happy because of informal grievance he got telling off for way he handled it all. have all emails etc

amanda, it is really difficult to advise on the info you give. You will get a better answer from your rep if they know the whole story.

hoping to talk to rep tomorrow, my head battered, confused, upset by way company treating me, no point to loyalty these days

thanks anyway, i will come back to you soon

can an employer treat people differently for same allegation, loads people involved but only 3 suspended.. 1 back at work with final written warning other 2 to be sacked, already pre determined before disciplinary hearing, manager of company told union rep what the out come was going to be

I'm still really struggling to see what you mean. I think it is because you are abbreviating things, missing things out, and not writing in full sentences.

 

I think you may do better with your rep who can ask you questions more easily. I am glad you have one.

 

Very good luck with it.

hiya

there is alot to this case i would be here along time if i had to write it all down, the union put a grievance in last week against the company and told them we are taking them to appeal then court, i will fight them all the way. i have worked for this company 15yrs and they are damaging my character. i won't let that happen, i will keep you posted,

thank you

With regards to the tunnel pass are you saying you have to go from one "office" to the other "office" and one is based in the north and the other is in the south but you can claim travelling time?

yes got tunnel pass from home on the north to the south and company pay, but the company are saying i went through to early and claimed more than i should in wages, been to union and i have a good case.

Amanda,

 

I realise this is a very stressful time for you and you must be worried sick about the prospect of losing your job.

 

However, if you want people to help you on here you need to be much clearer in your explanations and answers to questions.

 

Eg."a tunnel pass is from one side of the water to the other." Now no doubt this makes perfect sense to you, but to someone who does not even know what type of job you do it means very little.

 

Now I still feel quite strongly that your employer is trying to get rid of you as a direct result of you submitting an informal grievance against your supervisor, in legal terms this is called victimisation and in order to avoid having to pay you redundancy money in January. Therefore if they do sack you without very good reason including providing proof you claimed for overtime hours that you did not work, you may be able to submit a complaint to an employment tribunal for unfair dismissal and victimisation. But that is all in the future.

 

Most important now is to concentrate on getting ready for the disciplinary hearing next week.

 

Firstly have you arranged for either the union rep or a colleague to attend the hearing with you?

 

What evidence do you have to prove you worked the hours that you are claiming for?

 

Has there ever been a discrepancy or questions over overtime hours claimed against you before?

 

Was it always you the supervisor came to when he had a question or there was a discrepancy? If so is there are reason for this? eg you are the most senior?

 

It is really important to be prepared for the hearing next week and please do not bring up things about what other people did or did not do, it is almost never helpful.

 

DJ

 

Can you tell us in plain english what type of work you do.

i work with medical supplies. the tunnel pass is on the north east so from newcastle to sunderland you have to cross the water so the tunnel pass takes you under the river tyne from north to south,

I have a union rep

only evidence i have is my work logs

my supervisor tells me how to do my job even though i'm a team leader if that makes sense

i am an infection control laundry team leader

don't know why i double posted, sorry, a tunnel pass is from one side of the water to the other, so you go north to south under the water and vice versa, i have been concentrating on proving my hours, it just feels like certain people suspended and ones without a pass aren't, so it looks like to me they are trying everything to get me out since grievance. I haven't had pass since june and they only decided to suspend me in oct when they get copies of pass use every month,

I intend to appeal if they end my employment. worked there along time with clean record til now. gutted.

Does company not need more evidence?

Every month i handed in overtime sheet it would be signed off by supervisor after he checked logs for figures, he checked this against hours claimed.

What about other people who claim same hours as us but have no tunnel pass and use their car to come to work instead of company work van?

only have work logs no time logs, what is ET

Does the company not need more evidence than they have?

I fill out overtime sheets every month they get handed in and signed off my supervisor, he checks the work logs to see how many been done against the hours being claimed.

What about the people including supervisor who claim same amount of hours as us but don't use tunnel pass

My supervisor undermined everything i done he would tell me to tell somebody else to do a certain job, i would go ask the person to do what i had been told they would give me mouth full i would go to supervisor and he would do nothing about it, i had to take the abuse from people who worked below me, supervisor would come in check all the figures for the day if he wasn't happy i would get him having a go at me not the person it concerned, he would look down on me, this has only really been happening since beginning of this year, supervisor has already been sent on an anger management course because of way he speaks to people, the course helped for a little while but he sharp slipped back into his old ways and manager was well aware of the way he is because different people told him. at one point he asked my partner if he wanted supervisor role saying there was going to be big changes over next couple of weeks that was nearly a year ago and nothing changed, like i said manager not at our depot very often so it's like he doesn't care really, he has another depot in his home town which he's trying to save from redundancy ad closure.

My partner yes was suspended for same allegation as me not the alleged complaint.

Big mess and it really has got me worried sick. never felt like this in my life not even when i got divorced

Am i going to be able to save my job what about my partner can his job be saved he isn't being made redundant in jan 2013 he has different job description to me,

ok. The supervisor would tell me to do one thing then manager would approach me to ask why the job wasn't being done the way it should be, i would explain to the manager what supervisor had said to do causing the manager to disagree. it was always manager saying one thing and supervisor saying another. supervisor would come across very sheepish to say something to you, everyone in the depot knows what the supervisor is like but they won't say or do anything about it, i got to the point where i approached my manager about the way the supervisor was making me feel he told me to put it in a email to him and he would deal with it, nothing got done so it carried on until the point i hated going into work i also told my manager this, i went to see my gp explained to her what was going on, how i felt etc and she put me on the sick with stress, i went back to see my gp 2 weeks later i was no better as nothing was being sorted at work so she gave me another sick note and put me on anti depressants, when i first returned to work my supervisor was told by h.r to keep contact minimal until we had mediation, and there was no follow up progess that was it end of it,

I have my work records on what i done on the days on overtime i.e you are expected to do ten items an hour so in 5hrs you do 50, the company are saying i claimed 5hrs overtime but only stayed 1.5 hrs but i couldn't do 50 in 1.5 hrs, on a normal 8hr shift i do 80 items, they are going off tunnel pass times not on work records, i couldn't and wouldn't claim 5hrs ad only stay 1.5 hrs, i have worked for this company for 15yrs and never had any of this until i put informal grievance in against supervisor. could it be possible this is all happening or everything that has happened is because i'm the only female on shop floor, only other female that you hardly see is admin.

didn't really get the change we had mediation, supervisor left me alone to do my job spoke when had to, then suspended couple weeks later.

the supervisor talks to you like your sh-t it went on for months leading up to me going on the sick manager was aware before i went on sick in june.

no change in supervisor, the same supervisor didn't change his ways until after i went on the sick and after i contacted h.r. when i returned to work he was told to have minimal contact with me until the issues had been dealt with, we had mediation and he agreed with everything i said but the damage was done because the manager should of dealt with it so i didn't have to get h.r involved, in my opinion the manger made it worse by ignoring what was going on. The manager only comes to our depot maybe once a week sometimes doesn't come for weeks on end,

my partner

dec 2009 started employment with company

march 2010 passed probation period

2010 excellent appraisal

2011 excellent appraisal

march 2012 excellent appraisal

june 2012 alleged complaint from hospital for not being helpful( Nothing been done about this to date)

oct 2012 suspended pending allegations of claiming to much overtime. disciplinary next week for gross misconduct

i have been looking for a new job since i got told i was being redundant, nothing happening, i'll start wit my employment wit the company

feb 1997 - started with employer

june 1997 passed probation

dec 2007 redundancy due to relocation of manufacturing abroad

march 2008 started with same employer different area

2009 received excellent appraisal

2010 received excellent appraisal

2011 received promotion

2011 received excellent appraisal

march 2012 received excellent appraisal

june 2012 went on sick due to stress at work with supervisor

june 2012 told my manager who said would deal wit it

july 2012 still waiting for manager to deal with issues with supervisor

aug 2012 still waiting for manager to deal with issues contacted H.R who told me to send them an email

manager got nasty with union rep but still didn't deal with my issue. i had meeting for grievance at union office with H.R and my manager via conference call.

sept 2012 i returned to work. had mediation meeting with supervisor and manager also union rep but H.R by conference call

oct 2012 suspended pending allegations of claiming to much overtime. disciplinary next week for gross misconduct

This does not just happen. You are missing bits here.

I don't understand what your saying i put everything from employment start date to date and that is exactly how it happened, missed nothing out

my partner

dec 2009 started employment with company

march 2010 passed probation period

2010 excellent appraisal

2011 excellent appraisal

march 2012 excellent appraisal

june 2012 alleged complaint from hospital for not being helpful( Nothing been done about this to date)

oct 2012 suspended pending allegations of claiming to much overtime. disciplinary next week for gross misconduct

i have been looking for a new job since i got told i was being redundant, nothing happening, i'll start wit my employment wit the company

feb 1997 - started with employer

june 1997 passed probation

dec 2007 redundancy due to relocation of manufacturing abroad

march 2008 started with same employer different area

2009 received excellent appraisal

2010 received excellent appraisal

2011 received promotion

march 2012 received excellent appraisal

june 2012 went on sick due to stress at work with supervisor

june 2012 told my manager who said would deal wit it

july 2012 still waiting for manager to deal with issues with supervisor

aug 2012 still waiting for manager to deal with issues contacted H.R who told me to send them an email

manager got nasty with union rep but still didn't deal with my issue. i had meeting for grievance at union office with H.R and my manager via conference call.

sept 2012 i returned to work. had mediation meeting with supervisor and manager also union rep but H.R by conference call

oct 2012 suspended pending allegations of claiming to much overtime. disciplinary next week for gross misconduct

Amanda,

 

Are you saying the same supervisor you complained about called your partner back in June and told him there had been a complaint against him. Nothing was done about this and your partner continued working there until you returned to work from a period of sick leave in October when you were suspended for the overtime allegation and at the same time your partner was suspended for the complaint made back in June?

 

Leaves the obvious question why did they wait for 4 months to suspend your partner over an alleged complaint made back in June?

 

DJ

yes the same supervisor i'm having trouble with rang my partner said been complaint against him in june nothing has been done about that, and he was suspended same time as me in oct for the same allegation as me. they have done nothing about the alleged complaint in june.