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  1. Hi there, I hope you can help as I have been researching employment law and seem to have hit a dead end regarding my circumstances. I was sacked/dismissed on Monday out of the blue without any formal disciplinary process being followed (NOT gross misconduct) The facts: Employed for approx 9 months full time- 2 sick days in the time period. Excellent attendendance etc Initial 1 month trial - verbally told I had passed so was made permanent full time No written contract/job description given to me but Vat registered company with payslips etc Full time in the travel industry, office based with occasional international travel In the 9 months I was not given any performance reviews or advised/warned that the work I was doing was substandard etc and no warnings/disciplinaries of any form. All was going smoothly - or so I thought I returned from a weeks holiday on Monday to be told at the end of the day that 'We are going to have to let you go because you are not doing your job well enough and coping badly with your workload' and asked to leave and that I would be paid until the end of the month etc etc There are no other mitigating circumstances/underlying issues, I was simply 'let go' on the spot without warning/oppotunity to improve etc. Now I know if I was continuously employed for 2 years I would have a cast iron case for unfair dismissal but all the literature I can find on this states that if under 2 years - I cant make a claim for 'unfair' and nothing I read clearly states what I can/cant do if under 2 years service. My employers have clearly not followed ACAS CODE OF PRACTICE ON DISCIPLINARY/GRIEVANCE and from the CAB website I have found the following text If your employer takes disciplinary action or dismisses you from 6 April 2009 onwards, they should follow the procedures which are laid out in the Acas Code of Practice on disciplinary and grievance procedures. They don't have to follow these procedures. However, if you decide to take your employer to an employment tribunal and you win your case, your employer could be ordered to pay you more compensation if they don't have a good reason for not following the Code. But everytime I find a positive bit of law/advice like this I cross reference and find that because I had been employed for less than 2 years its not possible for me to claim. Consequently, I would be grateful of some advice from someone 'in the know' hopefully someone on the legal profession specializing in employment law to tell me exact;y where I stand as currently it appears that as long as I have been employed less than 2 years, an employer can chew me and spit me out at their leisure which is really REALLY frustrating! Thanks Rob
  2. After 10 years with one employer and no disciplinary hearings or misdemeanours I seem to be heading towards a final warning. My first disciplinary early May 2012 was due to not being able to help a caller on the phone as it was at the end of my shift, but I had returned to work after time off with clinical depression and also after my father in law died. I was told it may be a disciplinary hearing a week later. I was then on holiday and had an nasty accident which meant I did not go back to work until September 2012 and on a phased return with reduced hours. The disciplinary was brought back up in November 2012 - I received the letter Friday afternoon for the hearing the next week Monday or Tuesday. Little notice but I went ahead. To be honest I wanted it all over and done with. The outcome was a verbal warning to stay on my record for 6 months. At the time of the call I was ill on a phased return with a sick note. In March i was pulled up for taking a call where i was not very helpful to the caller and possibly cutting the caller off. Not my normal style of call, but mistakes do happen. After 2 weeks of not hearing anything I chased up when the hearing was going to be and by the end of that day was told it would be in on Tuesday after Easter. I found as it was Easter it was too late to get union or even ACAS advice. I went into the hearing with a colleague, and have come out with a written warning which will stay on my record for 12 months because of the previous verbal warning. I think this is unfair because it seems extreme in comparison to what I did, and what other people have done, also its a written warning because of the time factors involved with the first hearing. I have not yet received anything in writing. At the time my manager was referring to a version of events I had not heard before, this was later found on a record I could view after the meeting. Is it worth appealing - i have admitted the difficulties i had in the call, and the type of help i would benefit from in the future so part of me wants to forget it. I
  3. Hello, I'm new here, and this seemed like the right place to post the topic. I need some advice. I'll try to put as much detail as possible. I work for a retail company in a department store. I've been there for almost exactly one year with no problems. However, I've been called to a disciplinary hearing this Monday. It is concerning an apparent fraudulent filling in of timesheets. The signing-in sheet and the timesheets I sent off to my manager show an apparent discrepancy. The discrepancy almost resulted in me being overpaid by £50 in the past three weeks, though I've informed payroll that they can deduct it from my wages, which they have done. Looking at the evidence presented to me, it seems that it was an honest mistake on my part, as my working hours changed a month ago, and this required a change of procedure I wasn't informed about. It was my first job using a hard timesheet, so I didn't have prior knowledge of how to fill them in. I would argue that I wasn't properly trained at the start of the job, as my training consisted of an informal store tour that lasted 90 minutes and didn't cover the signing-in sheet. I wasn't asked to sign anything signifying that I'd had adequate training. Also, I don't have access to the staff handbook; I was asked to return the single copy sent to me with my contract, so I had no copy to keep, and the digital copy on the company's computer system is inaccessible due to a technical issues. It has always been inaccessible despite my informing two managers of the problem. So, I've made a list of potentially mitigating points that could work in my favour; - I wasn't properly trained: My training consisted of 90 minutes one Saturday, and was essentially an informal tour of the store. - I've shown only the best of intentions in the past; I've consistently produced some of the best sales figures in the store's history, and I've offered to sacrifice my banked holiday without taking it because the company was having trouble finding cover for me. - I don't have access to the staff handbook; I was asked to return the lone copy sent to me, and the digital version is inaccessible from the store computer, despite my informing two managers of the problem. - I was happy to pay back the £50 Bearing in mind there was no malice or dishonest intent on my part, my willingness to repay the sum overpaid, and my exemplary record, how do you think this will pan out? Also, could this go to court? And should this go to court, how do you think their case would hold up? Any advice would be appreciated.
  4. Hi gang i would just like the forums ideas on this please. I have been called into a disciplinary investigation because i work in the field not office based in sutton surrey, but one day i left my front door keys and wallet at home by mistake, as i am self managed during the day but only get half an hour lunch i raced home in the company van i am supplied with which i also take home every night and at weekends by the way to get the items i live in Brentford roughly about 20 miles from sutton, on the way home i stopped to buy a newspaper and got a parking ticket which i have always said i would pay the whole journey took about 2 hours to complete but i stayed on to make the time up but the company cannot check this. but they are saying that it was missuse of a company vehicle,unauthorised absnce, contravention of a traffic regulation whilst using a company vehicle incurring a penalty fine, potentially bringing the council into disrepute. And this is contary to the councils code of conduct disciplinary rules and procedure. I am very worried they will sack me for this any advice please. D.C.
  5. Hi all, I am going to be completely honest here. I work at a call centre which was recently taken over by a bigger company. Since then, the sickness policy has become tougher. I have aspergers, which was only recently diagnosed (unofficially), which explains the days where I was just too burnt out and fed up to go to work. This is regarded as "skiving" by others and, secretly, myself - someone who doesn't have aspergers will never understand this. (Of course, there are odd occasions in the past where I was basically skiving.) I have had so much genuine sickness lately - including vertigo and norovirus - and I was given a first written warning (a disciplinary) for my absence despite having a doctor's note. During my Google searches, nobody seems to agree whether or not this is legal. Also I am risking a second written warning because I am likely to be snowed in tomorrow. We only have "snow days" when the employer decides. I live in a little village at the bottom of a very steep hill, and everyone else lives near major A-roads, so it's hardly likely we will get a "snow day". What are my rights regarding dangerous weather? If I can't get in, should I take photos and video on my phone to prove it? As for the doctor's note, can they still discpline me after they knew I was sending one in? It was my doctor's suggestion that I be signed off, I did not ask for it, I just thought he would give me a bottle of jollop to stop my head from feeling like it was going to spin off my neck and fly away. I know I kind of brought this on myself - but my team leader knows I am going to be diagnosed with aspergers and she says my employer cannot really do anything to help or support me, so I must face the same targets and working conditions as everyone else despite my specialised requirements.
  6. I am a veterinary assistant. This includes some reception work and somecleaning work too. My father’s friend got me the job and I was so grateful forthe experience as it goes alongside my animal management course. The job as well as assisting on procedures also includes consultations withowners, covering reception, answering phones and cleaning, odd jobs, stickingthe stock shelves etc. I have a terms and conditions of employment letter that was signed and I havebeen given a handbook. On Sundays we attend work on a rota basis and to do odd jobs given that itis usually only emergency cases. I was told to come in and clean down treatmentroom 1 & 2 – that was what was on mywork sheet for the day. This, if done correctly would take about 3-4 hours.When I arrived; a girl that I am friendly with in the Reception was there, and Isat with her before starting with my cleaning. There was no supervisor thereand the vet that was there was in a long procedure with another assistant. I amashamed to say that this probably contributed to my decision to stay chattingfor so long. Today I have received a letter entitled Disciplinary Hearing – stating thefollowing reasons: “Declining standards of work and incident on 23/2/13 whereit has been reported that you sat on reception for approx. 1 hour prior tobeginning your duties despite clocking in on arrival.” Although I am not sure how they have found out (maybe cctv because the othergirl wouldn’t have said anything as she would be in almost as much trouble asme for chatting for so long) Advice needed: Should I take someone with me? Who? The letter states an appropriaterepresentative. What about my Dad? Is that awkward because it is my dad’sfriend Do you think these sounds like reasonable grounds to let me go? I have neverhad a verbal warning before or any negative comments about my work (onlycomments when I haven’t worn my uniform correctly and followed hygiene procedurescorrectly) Is the problem that I’ve basically been paid an hour for doing nothing? Are they allowed to spy on cctv, since that’s how I think they have discoveredme
  7. Hi. I was suspended today for using abusive/derogatory comments on social media site. Comments that may have been offensive, violent language. And that I have allegedly breach the communication policy. There are various screen shots of these comments which were taken from my profile when it was temporarily made public. My profile is anonymous, does not name me. Nor do I mention the company I work for or name my colleagues. Someone has trawled through my account - as far as 10 months - and taken screen shots. I had blocked everyone from work and it appears from the screen shots that someone I work with has used an alias email account to befriend me and then take these screen shots. There are approx 50 "comments" going back as far as March. A lot of these are part of conversations and as a stand alone comment are harmless and none offensive. Put together they don't look good. I've never been in any kind of trouble before and I'm really concerned. How do I approach the investigatory meeting I'm required to attend in the morning? I'm scared of saying something wrong that may make things worse. I'm currently under a lot of stress at home, as well as with the office politics (that are referred to in the screen shots), I don't know how to handle this as well. I'm posting this on my phone so hope it makes sense.
  8. Hi - I'll try to make this as concise as possible! My wife works as a nurse at a dental practice (mainly NHS patients). She returned to work this week after a weeks sick leave (not related to the disciplinary issue) and was called into a meeting with the practice manager immediately upon arrival. She was advised that she was expected to attend a meeting that lunchtime with one of the dentists regarding complaints made, which she did with some trepidation. She was informed that certain complaints had been made about her surgery whilst on sick leave, two of which she vehemently denies, the others (apart from one) she wasn't clear on, and the remainder she accepted there may have been an issue. This is the second time in as many months where the practice manager has gone down a disciplinary route (the first time informally), and my wife has told her boss that she feels she is being singled out/stabbed in the back. At the end of this preliminary meeting, nothing had been adequately resolved so she now has a "formal" disciplinary meeting this coming Monday and, although she has been told she can take a colleague in as a witness, the practice manager has decided to use the person who has made the "complaints" as her note taker and "impartial observer"! I have advised my wife that this is unacceptable (how can you ask the "accuser" to be impartial toward the "accused"?), so she should ask for a totally independent person to be in there. She has also been accused of health and safety breaches as part of this "disciplinary", but no proof has been provided, just the word of the complainant, which (I'm sure) is inadmissable. It is a commonly-held belief that my wife's boss has basically realised that she's "screwed up" her staffing and is trying to find a way to resolve it by using any means she can to reduce numbers, thinking my wife is an easy target. She doesn't want to lose her job, doesn't want to leave her job, but also doesn't want to have an official reprimand on her record just because someone is being bloody-minded. Are we right in assuming that : a) she can refuse to attend the meeting if the "impartial observer" is clearly NOT impartial b) demand to have "charges" removed as there is no proof provided (something she strongly denies doing, just hearsay) There are other concerns (validity of her contract, favouritism between staff, unfair pay scales, etc), but the immediate thing is this disciplinary. Many thanks for reading, and for any advice/help offered.
  9. Hi All I have been called for a disciplinary for alleged racism (completely untrue) and have a few questions. 1.) At my investigative meeting i was simply asked to explain events of day of incident which i did, was then asked if i said something which i said i did not. I was never shown any evidence at all. Today i have received a letter saying its going to disciplinary and shown original complaint and a statement from someone who wasn't present at the time along with my minutes and minutes of complainant. No evidence at all from people who were there at the time of incident. How would this stand as its hear say except for the one statement from someone who wasn't there but is now claiming to be. 2.) How do i obtain evidence from staff who were present when I'm not allowed to speak to them about it and HR are refusing to do so on my behalf. If everyone that was present have refused to give evidence then how can my employer proceed with a disciplinary. 3.) Work are not suspending me and are expecting me to work with the people who have clubbed together to put in this complaint. However they are claiming that what i have done could amount to Gross Misconduct and could lead to dismissal which don't appear to go together, surely if its as serious as they allege i would be suspended? The person who was the accusation was moved so we didn't work together at first but that appears to have stopped now and we are again expected to work together. Majik
  10. Hello, I think this is the right place for this slightly oddball problem. I am a member of a trade association, a local association but with broader implications. I'm a member primarily because being so is more or less the only way to be allocated work in my chosen part-time field. The association acts like a clearing house where organisations that require the services of people such as me give the vacancies to the association. It then "allocates" jobs to it's members in a manner decided by "the committee". The association, in my opinion, is a monopsony, belonging to it is the only way of getting work. It's also very cliquey - if your face fits you get the better appointments; annoy the "committee" and you may as well be dead. That's the preamble, now my problem: Over recent years I've had a few spats with them where I've berated them for poor organisation, unfair work allocation, etc. There has also been the odd occasion where I've confidentially informed the association of problems with a client employer and they've breached confidence by putting my concerns to the employer as though it was a complaint by me, which it wasn't. I've then been unfairly blamed for fallout between the association and the employer. In January they emailed me stating that due to my "attitude" I would not be given any more jobs. I emailed the chairman querying this decision and asking for reasons. The chairman, following my discussion with him, capitulated and said that I would be offered jobs. A week later I received a letter telling me I had to attend a disciplinary hearing citing untrue vague allegations, nothing specific - it's this coming Friday. Up to now I have no information about exactly what issue or issues they hold against me. I asked that copies of any documents or other evidence that the hearing would refer as well as specific details of the "charges" to be given to me by 14th February. Nothing has appeared. Yesterday I emailed again stating that I had heard nothing. I've had no reply at all. In my opinion it's grossly unfair to expect me to attend a hearing blind and then to be able to answer whatever complaints they have against me and I'm thinking of telling them that I'll not attend on that basis. However, that may be counter-productive for me. Does anyone have any experience in this sort of thing? Where do I stand legally? etc. What's best for me to do? I'm really feeling picked-on and badly treated here but I'm floundering to know what to do. If they give me no work then I'm going to be several hundred pounds out of pocket. I will also lose touch with this particular work environment which would be detrimental for my future prospects. I have done nothing wrong and I have no idea what they are going to accuse me of. Can anyone offer me any advice please?
  11. Hi Everyone, I'm new to this area of the forum but have received invaluable help from the debt section. I think I need some professional advice. Can anyone recommend a reasonably priced employment lawyer? I have been off sick for around 6 months. Work's policy is to provide 2 years sick pay. However they have now started discussing my 'capabilities' and have mooted the idea that my contract could be terminated. I'm fairly confident that my condition (CFS) is covered by DDA, and I could pursue them for discrimination, wrongful dismissal and unfair dismissal. However I want to get some professional insight and discuss my options before proceeding. Thanks for any recommendations you can provide!
  12. Hello. I have worked with the NHS for 9months. Sometime during October 2012 I began working alongside a colleague (NC), we were discussing some workplace issues they were having regards their team leader. In particular, this colleague didn't get on with their team leader and proceeded to tell me how they would have preferred to be offered my job (we were hired during the same recruitment drive). At the time I said that if they were really unhappy with their base of employment I would be willing to swap as I got on well with all staff. They said they would think about it. Around the same time this colleague became aware of my sexuality, and remains one of only two members of staff who I have disclosed this information to. Around the same time I began having trouble with my own team leader (an admitted control freak) who, due to my line manager not communicating my absences or holidays, requested that I begin signing a register each time I started and ended a shift. No other member of staff has, or was requested, to do this. During some of my absences NC and my team leader arranged for them to cover my shifts, this continued long after I had returned to work. During a week long holiday in December 2012, I discovered that my team leader and NC had arranged between themselves for NC to begin working at my base during one of my shifts on a regular basis, thus making me surplus to requirement. In November 2012 during a break I updated my status on facebook with an insensitive remark. The remark did not identify any confidential data, nor did it reference any person whom I worked with. Although insensitive, the comment was bland and would not have raised much concern from any of my friends or family who were able to view it. As I am wary of security settings on Facebook, my employer remains visible only to myself. I had only one work colleague added, but my posts were visible to the general public. (You can probably guess where this is going!) This colleague has reported the comment made, citing that it could bring the Trust into disrepute. Less than 24 hours later I was brought before my line manager and read the riot act, I was immediately remorseful and apologised profusely. Agreeing with all requests that I remove the post and make a formal apology. I attended an investigatory interview in December 2012, during which I felt that I should mention to the investigating officer that the person who had reported me had also made such remarks in the passed as for me to question their intention. I was told to "park it" and told that raising this would "not make things easy for me". This was not noted in the minutes provided after the meeting. In response to this I told the investigating officer that I felt it was relevant, as I felt it was part of a wider act of victimisation. This was misconstrued in the meeting notes as me saying that I felt that the insensitive remark was relevant. Something I did not say, and have asked to be redacted. During this interview I remained regretful and apologetic, demonstrating that I understood the seriousness of the matter and did not wish to dispute that what I had written was insensitive. During the interview I was told that the likely outcome would be a sanction, and that if I agreed to Fast Track this then there would be no need for a hearing. I agreed to the Fast Track. This was denied, and my Union Rep was notified in December 2012 as to why. I was not told this until January 2012 when I received new paperwork pertaining to a disciplinary hearing in March 2013. The main reason for the disciplinary is stated as "bringing the Trust into disrepute", however if my employer was only visible to myself, and only the work colleague who reported me knew exactly where I work I am unsure how this can be the case. I do not wish to take my Union rep along to the hearing as they are utterly useless. I am at a loss as to what to do though. I have already begun searching for a new job as this process has affected my mental health adversely. I have had to increase my anti-depressant medication, been attending staff support for counselling, and have become very anxious, stressed and depressed. I don't know if anybody will read all this, or be able to suggest something but I just needed to "offload" as I cannot trust anybody at work at the moment.
  13. Hi all, I had an accident in work on August 12th. Today, I had a letter from my employer that I need to attend a disciplinary hearing next week because I initially failed to report my mishap to all and sundry. Is there a time limit for when the incident actually happened and when my employer can call me for a disciplinary? Funnily enough, I asked for a copy of the incident report I submitted to our jobsworth, sorry, very efficient H&S rep, to show my creditors that I'm not pulling a fast one when I tell them I can't pay my bills due to being off work after an accident. One day later this disciplinary letter comes through the door!
  14. Thanks for taking the time to read my thread, much appreciated. I am currently researching disciplinary procedures over the internet because I have been suspended over gross misconduct (theft) and I wanted some advice. I know what I have done is wrong, but I have looked on the ACAS website and called helplines and they are telling me that the company has not followed the procedure properly. I was called into a room for questioning, without a witness and without a recording taking place. The interviewer concluded that disciplinary action has to be taken forward. However the people I have contacted have told me that I should have had someone with me in the room at the time. But according to my own companies policies, that stage was considered "informal" but in the eyes of those who I spoke to said that it is formal because they are making a complaint against me. I also have filed a grievence to the company prior to this and have been told that the company must resolve this before disciplinary. My friend said that legally, they has to veto this problem because they havent followed the law. Also I paid back the money, before the outcome has be determined and my friend said that should not have happened. I know its a lot but I really need help. I really want to keep my job and I have shown remorse to my employer but they are still adament. I work in retail. Thank you.
  15. Hi guys, Im just new on here and was looking for some advice. I was suspended 4 weeks ago pending further investigation. 6/12/12 Ifell ill, I declined the ambulance as there was no need for me to attendhospital and I felt safer and more comfortable attending the surgery of my ownphysician. I was told the ambulance was mandatory and I had to go with them. Whichis why I said I went to hospital, I was scared that I was going to get intotrouble for not going after being told it was mandatory. During theinvestigatory meeting I felt pressured and ganged up on which is why I toldthem what they wanted to hear. I am not a dishonest person, I was afraid ofwhat would happen if I declined the ambulance. (I was re-assured by theparamedics) A few daysbefore the events of the 6th, I found out that one of my goodfriends had been going behind my back and abusing my trust by not only tellingthings to other member of staff but also but by making sure people in work hadthe wrong idea about me. There has been a rumour flying around the workplacethat I wrote a letter complaining of another staff member using her phone whileworking at her desk. This is untrue as I had no idea the incident had occurred untila few days later and I think this is one of many things which has started thewhole thing. The reasonI told the girl in question the things Itold her was because if the information I received was in fact true, then Iknew she was going to go running to a certain staff member whom I don’t get onwell with. It turned out the info wascorrect, however I was trying to resolve a problem outside of work by usingthis to my advantage and to make sure I kept it out of the workplace as I didn’twant it affecting my job. My former manager taught me to control my emotions and helped methrough a lot of things last year. I was not about to throw that back in herface by bringing a personal matter into work. (Even though the girl took itupon herself to do so) I made the wrong judgement call by telling her anythingat all and I will admit that. But I still maintain that what I told her was alie as I was trying to resolve a problem I had with another staff member and Itried to do so outside of work so I could at least keep both my personal and worklives separate. I feel thatthe treatment of this matter has been dealt with wrongly and I have not beenable to prove my side of things. This has happened because I was denied myright to have a union rep present in the 1st meeting which led theHR woman to feel she could talk to me any way she pleased and that includedbadgering / harassing me for info when I knew nothing about the meeting takingplace or had the chance to prepare any sort of statement for it. Theinvestigatory meeting resulted in my being suspended when there had been noinvestigation at that point and the managers responsible for the suspensionwere basing their facts on hearsay and not true facts or events. This hasresulted in me losing my bonus for the quarter, left me in fear of my job andnot wanting to come back to that department. I have been left embarrassed, severelystressed out and on the verge of depression. I was told that I was not allowedto speak to other members of work regarding the issue, but my sister works for mywork, does that therefore mean I cannot speak to my own sister re the matter?? I have workedfor them for almost three years now. Ienjoy my job and used to enjoy coming to work until I felt bullied to a pointwhere people were talking and laughing about my behind my back making me feel uncomfortable.I treat every customer I deal with, with respect and how I would like to betreated myself. To be told that I cannot be trusted with customers and theiraccounts on a daily basis as a result of the recent allegations is insulting tosay the least due to the fact it has never been investigated properly andpeople just jumped to silly conclusions without giving me chance to defendmyself. This is the important stuff which has come into question resulted in my suspension. Really sorry for the long thread but could someone please help me?? Thanks Munchkin x
  16. I have had a disciplinary hearing letter from the company i work for, relates to an incident on 14th December where i shouted at my boss and threw some cutlery on the floor in the heat of the moment. The letter is dated yesterday my boss has seen me loads of times since and never mentioned what i did i thought shed just let it go.......... At the time i text & apologiesd for what i did and said it wouldn't happen again. She did not make any comment in reply. I've only been working 2 months for this company. Over xmas i didn't turn up for work one morning (hangover) I know that this is really bad, i got in eventually and stayed late to make up for it. I hoped they would see that it was christmas and that id made it up. I then receive a letter yesterday titled "disciplinary meeting" with my line manager and the hr manager and they have invited me to bring a representative with me. The letter states the date 14th Dec when the incident happened and 30th Dec when I was late. What I would like to know is: Does this sound like a dismissal meeting? Are they allowed to bring something up that happened well over 3 weeks ago that I've had no other communication about? Why did they send it recorded delivery? What is the purpose of me brining a representative?
  17. Feeling so confused so apologies for this.. My boyfriend Mark has worked for a small company for over 2 1/2 years and they are currently facing financial difficulties. 2 months ago his boss suggested a 10% paycut to all 8 engineers to get them through the next few months. This was collectively agreed. One month later Mark went into work and he and another engineer were given a letter stating that they were being laid off for 3 weeks and if things hadnt picked up by then, then the redundancy process would start. With 3 young children, losing a wage for 3 weeks was scary. Mark spoke to ACAS and they said that they couldnt actually do this and suggested he not sign it. He told his manager who then called all engineers in for a meeting and 2 other engineers offered to take time off unpaid. They were told that these engineers would then not be included in any future redundancy process (although this was not stated to Mark when he was informed he was being laid off). Anyway, this evening he received a letter inviting him to a disciplinary meeting due a customer complaining about him, and also included vague comments about his attitude and unhelpfulness. It also included a line that if it was deemed to be gross misconduct he would be dismissed there and then. He did have an informal meeting with his senior team 3 months ago about another customer's complaint, a friend of his bosses but there was no written warning. Apart from that he has never had any criticism of his work, was given a good report from a recent appraisal from the company's major contractor. He's tried to through to acas tonight but no luck so far. He was told that one of the factors for considering redundancy would be disciplinary history, as well as geographical location (which they stated in his orginal lay off letter was a reason they were choosing him) He can bring a colleague to the disciplinary and is going to ask for details of the complaint . However I fear that he could go to a disciplinary, get a warning and even if he appeals it as it is such a small firm, with no other managers, his disciplinary would be upheld. He doesnt have a contract, although he did ask his senior engineer about this not long after starting and was told that having a written contract would make life harder for all engineers as it could state they have to work more hours etc. Its a horrible company and I would love him to leave and get something else but the thought of him being out of work just weeks before christmas is just gutting.. Any helpful comments would be massively appreciated. Thanks
  18. Hi All Today I was sent home from work at 4.30pm after my boss gave me a letter telling me that I have to attend a disciplinary Hearing on Monday morning. The reason given is: "The allegation is that you have removed company property from a skip containing company property awaiting disposal. Two issues arise from this: 1. Possible theft of company property. 2. The non-traceable aircraft components entering the used part market." The letter says they consider this Gross Misconduct. They have said in the letter that they will not be calling any witnesses. I am not sure where I stand I have worked for the company for 6.5 years ? The parts were disposed off in a skip outside of the companies propety. This skip was open to anyone. We have never been told that we were not allowed to take scrap metal. The letter says that I can take a witness to the hearing. But who should I take? (I am not part of an Union). The Letter also says the people who will be attending. They are the Director, Head of HR, (Who is also the bosses Wife) and my Manager. Please Help I like working here and dont want to leave.
  19. I have been asked to attend a disciplinary meeting with a number of very serious allegations, which are completely false. To cut a long story short, my employer is trying to get rid of me, has colluded with other members of staff and I know that I will not get a fair and impartial hearing. I believe the disciplinary will result in termination of my employment. Can I resign before the disciplinary? I have only worked there for 5 months, so haveno recourse in the new employment laws to go to tribunal for unfair dismissal. If I hand in my 1 months’ notice will I still be obliged to go to thedisciplinary meeting? Please help, the meeting is scheduled for Tuesday morning.
  20. Yesterday, I received a letter from my employer calling me to a disciplinary hearing. The letter cites numerous conduct and performance-related issues and states that a possible conclusion of the hearing is dismissal. I have been with the company for six month, successfully going through my probation period, and have never be told verbally or in writing that my performance did not meet the requirements of the job until yesterday. Two and a half months ago, the company employed a part-time worker and I was told she was there to assist. She was made full-time last month with a salary £6k above mine and on a company pension (which I am not); further, she is less qualified than me. Yesterday, before I received notification of the disciplinary hearing, this colleague was asked by our boss whether I had "filled all knowledge gaps with her since the company could not afford to employ both staff". I have seen a change of attitude by my boss towards me since just before the new arrival, and his actions led me to believe the company wanted to get rid of me. Now this seems are very real likelihood. Furthermore, the company is small and my boss (also a director) is married to the other Director, and they will both be present at my hearing. I know I have been falsely accused, know also they have decided to terminate my contract regardless of the case I present, and also know that I cannot possibly get a fair hearing. Please, what should I do? PS Sorry for the length of this thread; stressed out and need to present a clear picture. Thanks
  21. Hi All I'm totally new to these forums but a friend suggested i try this as i really need some advise and have little time. i have been working as a Finance manager for 1.5 years now. the company has gone through many changes including new sytems implementation in the finance division. i got this job through a small agency and was told i was going to be one of the senior managers, one of three including the branch manager, deputy manager and me. the guy whom i was replacing was reluctant to hand over as he felt he had developed the role from scratch and was therefore a little possessive. over a few weeks he learnt to trust me and the handover started although never really completed. he now still works for the company in their headquarters in Europe. The deputy manager never really liked me, and in fact, to some degree felt threatened by me. she didnt like the fact that i got on with the branch manager. in this company there are a number of installers employed and they are given money for expenses from petty cash. something i have said from th beginning is that its just not 'petty' cash when we have to hand out anything up to £2000 from the tin. The girl who had been employed for 3 years already found it difficult to manage the petty cash as it grew with the overseas installers employed. She couldnt understand how to deal with the foreign currency and the exchange rates and how to record it. I spent significant time over 9 months training her how to calculate this and how to record the transactions. now the company i work for is 'obsessed' with HR issues and seems to be overly keen on handing out warning letters and disciplinaries. The HR advisor (there is only one) is studying for her CIPD quallification. it seems that whatever work experience she needed, the branch manager would provide. so if she needed experience in capability hearings then we went through a phase at work where there were lots of these. the accounts assistant who worked for me struggled with the growing petty cash and we started to get bigger differences in the petty cash reconciliation. i brought this to the attention of the branch manager during our weekly meetings. he wanted to do a capabillity straight away. i as her line manager had to sign the letter asking her to attend the capability hearing. She left in the end and was paid off instead of sacking her as she was unable to reconcile it. I had fought to get her a temp to support her with the workload. So when she left we asked this temp if she would like to take on the job on a contract basis, which she did. this was probably one of the worst things we did. although she got a handover over 2 weeks from the girl leaving, and i asked both of them on a daily basis what had been covered and if the new girl was happy that she understood everything and knew everything to be able to do the jon. She confirmed that she did. since june 2012 she had been in the job, she managed to mess things up soooo much that i couldnt get on with my own job. she tried hard to hide her inability at first, plaming her pre-decessor and the files and various things. it turned out that her exel skills were rather basic too. i brought this to the attention of the branch manager but he wanted to be supportive to her and said she just needed to be shown how to use excel. i had already been doing this but it was repetitive and despite this there would be errors. if she corrected one error then she would make a different error on the same document! it got to the point where i really couldnt cope anymore. i was getting dragged into the transactional level administration and didnt have time to be the finance manager and do my own tasks. on a regular basis i would bring this up at my weekly meetings with the branch manager. i told him i was not happy as i didnt have any faith in the petty cash spreadsheet she was maintaining and would need to go through all of it and reconcile it month by month. he said he paid me far too uch for me to waste my time on this.i should not be a control freak and should let her get on with her job. She is new and needs time. it will take her longer to do the tasks. so basically he was saying i had unreasonable expectations from her. i had asked for the petty cash to be updated daily so i could sign it off at the end of each week. she NEVER once managed to reconcile it and she kept delaying coming to see me with the reconciliation. when i emailed her about various tasks she had done wrong and explained how she needed to correct them, she didnt like it. she worked part time so by the time i got to see some of her work it would be the afternoon when i could review it. when i tried to talk to her in an informal way, she would just keep saying 'you're very good', and 'yes boss'. she complained about me regularly then that she felt i treated her like she was in nursery and she wanted to be able to get on with her work. the branch manager too was involved in one of these meetings and he told her he was prepared to pay he overtime if she needed extra time to cover those tasks! he never agreed to pay me overtime and i work 1 hour extra daily!! sorry to drag this on but i feel you need to know the whole story to understand the background here. i came back from holiday on 3 september and found out that he had called the auditors in to do a petty cash audit and paid £2000 for this. as finane manager of the department surely he could have emailed me to inform me this was going on. i didnt find out until later in the afternoon from him what was going on and only when he came to get the company cheque book from me for the reconciliation. the following day he asked me in the evening if i could pop into the office for 10 minutes which i did and he started on me regarding the petty cash file and saying dont i think it was sloppy work from a shody finance manager! he has an army background and his style of interogation was quite demeaning and harsh, something i am not used to. i was in shock and didnt know what to say. but i did say that i dont think that the recordings i had made were technically wrong. basically the accounts assistant ran the big petty cash and i had a small tin in my office for when she was not there as she was part time. my spreadsheet is what he was referring to. one of our installers owned us €0.05 and i had this recorded on the file too and he said that i could have come to him and he could have given me the 5 cents! to be honest i never thought i needed to go to the branch manager to ask him to give me 5 cents from his own money to make the petty cash balance without this entry. the following week he called me in to look at the spreadsheet again and said there were some figures copied into the spreadsheet in the June tab of the spreadsheet and who did them. i said that it was not my primary role to populate the main petty cash spreadsheet so i dont really know but it did look strange. these were figures copied from my spreadsheet into here but without details of what the cost was or the date etc and it didnt look like my work. i referred to the lady who had been in the job ut had since also handed her notice in and had gone. he wouldnt accept this. the Europe head office at the moment is interviewing all their senior managers again and they need to prove that they deserve the job that they are in. he said to me that as the group finance director knows about the problems with finance in the uk, he will not protect me and he will not go down without taking me down. i think this is a threat really! he also told me that he would not take kindly to soomeone going over him to his boss instead of trying to sort out something with him. he asked me to provide evidence on some work i did in relation to the petty cash entries onto the system. i explained that it was a long time ago going back to beginning of august and i only picked up the pieces as the head office was complaining that the accounts assistant had not completed it and the deadline was that day. so i stepped in to complete it. i cant seriously remember that far back as i do so many other things. at the beginning of the month end he started to what felt like bully me. calling me into the office and telling me i am lying (which he later denied!!) and that i am hiding things from him and just generally being very negative and putting me down. he said he was going to be looking into the differences of petty cash and he wanted me to focus on my own job. he then said he now felt it necessary to call in an interim finance manager but now has an interim prokject accountant starting who will report in to him and not me. i dont agree with this either. i have been sooo busy over the last 3 weeks that i simply havent had time to go through past records to see what i can say to him to explain something that happened months ago. i did email him saying i was going to get him the info and i genuinely did try to make time for it but i have also been totally overworked, taking work home too. he has now given me a disciplinary hearing this wednesday for not responding to his email and that in the absence of any other information that i have provided he feels that i have allegedly mislead and provided false information relating to figures entered in the june 2012 tab. he has recently also given me a letter of concern regarding being late. i had explained though that there was road works which would mean i may at times be up to 15 minutes late. this was only in the interim and should be sorted once my section of the road was open. unfortunately due to child care issues i cant leave any sooner. i feel he wants me to leave and is building up a case against me. i have brought it to his attention that the way in which he speaks to me, is causing me stress and i am finding it hard to focus and do my work as i am so nervous all the time. he wrote this down but showed no consideration. i feel bullied. he sent a meeting invite for a regulat weekly meeting to my normal work email address but copied me in on my personal hotmail address! surely ths is not right. i feel harrassed. i dont want a warning on my record. i dont knwo what to do. can anyone please advise me. i am going out of my mind with this stress. the atmosphere is horrid. i oved my job and have been dedicated to it but with this going on since beginning of september its hard to work. what should i do???
  22. Hi All I won't bore you with all the ins and outs of my situation at the moment, but I was suspended on full pay from my job with a Major International Parcel Carrier on the 9th July of this year. I am suspended for alleged falsifying records and lack of duty. I strongly deny these charges and have responses for all of it. I had my first investigatory meeting on the 11th July and was told I would hear from HR in due course. I then received an email requesting another meeting to be held tomorrow. I have spoken to my Union Rep and taken advice and asked for any questions to be sent to me so that I may consider them and my reply. I have been told by the Manager taking this investigation that she cannot supply the questions as they will be decided on the day. As far as I am concerned I have answered their questions fully and frankly and really do not have anymore to add. Can they do this? I loved my job and the worry is making me ill. I also filed a grievance and this has not been mentioned. My thanks for your help in advance.
  23. Hi All, I am new to this site and I hope that you will all be able to read, understand and help me with my employment issue that I am experiencing at the moment. I am a senior department manager for a large and well known high street brand. I have worked for the company in total for around 11 years with a break of 1 year to do some travelling. I have worked my way from a basic Saturday retail job through various promotions to where I am now. It is a long story, but will try to keep it as brief as possible without missing out any information. So here it goes.... On the 21st July I was called into the office for an investigation. I had no idea that this was taking place. There was a manager from another store there to do the note taking of the meeting and my store manager was performing the investigative meeting. This was a total shock to me and I had a work colleague there with me. The reason i was told for this meeting was "there seems to be some lack of accountability for some items of lost property" Some background to this - I have been responsible for sorting and disposing of any unclaimed lost property of 3 months or older. I sort through this, anything like odd shoes goes either in the bin or to a charity called "New life". Anything anyone else could make use of, employees take it. Anything that doesn't get taken, gets taken to the charity shop. Now as soon as I was told the reason for the meeting, I panicked (as i have never been in this situation throughout my career) and denied taking any of the items for my personal use. The meeting went on, with CCTV footage of me sorting through the lost property and me walking out of the store with it. In the end, I was backed into a corner and had to admit I took some items (after which i don't even know why i denied it in the first place as it is common practice) I had to admit it, as the store manager and assistant manager had been in to where the lost property was kept, took photos of every item in there, ASKED ME to go in and sort the lost property out. I took 5 items of the lost property for my partner but she did not want these so i put them on ebay for 99p. The store manager had screen shots of my ebay account of these 5 items and the photos of the lost property items they took before. In the end I was suspended from work with full pay pending investigation. During the investigation I did state that the person conducting the meeting ALSO took items from lost property, as well as other employees. My disciplinary invite came through for the meeting to take place on the 27th July with another store manager in another location. During this wait up to this day, I was stressed, depressed, anxcious, naucious, couldn't sleep, couldn' teat etc. The letter stated I had breached 4 accounts of gross misconduct. 1. Theft and fraud from the company 2. Breach of company policy and procedures - Removal of company property without the store managers permission. 3. Breach of Trust 4. Breach of staff purchase procedure (this wasn't in relation to the lost property) With this letter I was sent witness statements from 4 other employees. The first was from a manager at the same level as me (who I had put in a grievance against the year previously and was upheld - bullying and harrassment). Dated 19th July 2012. other 3 were dated 20th July. The day I had sorted the lost property was 13th July. One of the statements was in regards to lost property from the 20th JUNE! I was also sent screen shots of my ebay account. I was not sent any copies of the photos they had taken and used in the investigation, or the CCTV. The disciplinary date arrived and I was very scared at what the outcome was going to be, as I have been in the company for a long time, and never ever been in this situation before. However I must say the person conducting the Disciplinary hearing was very calming and stated "this is new for you, and it is new for me. I usually do the appeal stages, not this stage" His questions were very much in "support" for me. such as. 1- Have you ever had a proper formal training session on how to dispose of lost property. 2-Has the store manager or assistant manager ever actually stated they wanted it disposing of in a certain way? 3- Do you feel you was in a "blessed" position, getting to see what there was before anyone else. His answers to my representatives questions were also in my favour. E.G Question - Can you tell me where in the lost property procedure it states the procedure for disposing of lost property? Answer - NO, Because there isn't one as far as i am aware. Question - Where does it state, lost property is company property? Answer - Dunno! Will need to get clarification. After this meeting, which the notes were only 18 pages long (investigation notes were 27 pages long), plus never went through any of the witness statements or CCTV etc. I felt pretty relieved. HOWEVER, my disciplinary meeting was a week ago now, and i still have had no information or decision. I called the person up who conducted the DH and he said he had passed everything on to head office and it should come directly to me. I tried to call head office the day after, to which it went straight to answer machine. I left a message but no-one has been in touch. Basically, I am starting to go out of my mind, and the stress is starting to take its toll on me. What are all your thoughts on this situation, and how long do you think i should leave it before i start chasing the decision up more? Obviously i do not want to aggrevate the situation, but this is seriously starting to affect my health and my home life. All comments and thoughts are welcome..... Thank you for reading!
  24. Good afternoon all! I have a dilemma, I'm not quite sure which route I should take, and I'd appreciate any advice on offer. But first a history lesson, if you'd humour me... I walked into work yesterday (a Welfare to Work prime contractor) and discovered that the top drawer of my desk was missing. It took a minute's reasoning to come up with a theory (an initially weak theory, at first, but the best I could manage at the time): my drawer, unlocked, containing potentially sensitive information had been confiscated for reasons of a potential breach of the Data Protection Act. (Or, at least, the potential for a potential breach, which is why it was initially a weak theory - particularly given that it's common practice where I work while we digitize all paper-based records.) The company takes such things very seriously, to be expected. I approached my immedtiate superior who was unaware of the reason and suggested I continue working as normally. 30 minutes later I was asked to attend a closed meeting with my manager and an impartial minutes-taker, where the mystery of the missing drawer was aired: it was confiscated (the whole drawer) and held in my manager's office because of the potential of a DPA breach, and questions were asked: why had I kept sensitive information in an unlocked drawer? Answer: it was ok'd by management months ago, on a temporary basis, while we were moving to a paperless system, cleansing all paper-based materials, and that secure filling cabinets not be repopulated; that it had not been digitised due to a massive increase in work load; that administration staff requests, or requests for administration time in our diaries, has been declined, and that time seen using our work computers - I had an earlier argument with my manager about this some weeks ago where I put in, then dropped, a grievance against him after he was critical of my time spent using my work computer - for purely administration purposes usually resulted in an interruption to accommodate additional non-administration related tasks. (All these issues I had previously broached with my superiors and HR, and brought to light the stress and impact of the stress on my health and performance, but they were always immediately dismissed.) Anyway, prior to and after the meeting I was expecting to be suspended and was eager to leave, but was only asked to sit in reception. An hour passed and I was told to return to my desk. I did. My drawer was placed back in my desk at lunchtime. Nothing said. I'd lost 2 hours of a busy day. Didn't touch the drawer again that day. (Believe it or not, it was the last thing on my mind - the work load really is that overwhelming.) So, the crux: I returned to work this morning and the drawer is missing again. This time I think nothing of it, believing it merely taken as part of yesterday's meeting, as a continuation of a disciplinary investigation. But shortly before 10 AM I'm asked to attend my manager's office again, where I'm hit with a second charge because the offending documents were still in my drawer. I was escorted from the building under a week's suspension pending a disciplinary hearing next Wednesday. Anyway, good people, where do I stand and what are my options? Like I said at the outset, any feedback would be greatly appreciated. Regards, Simon
  25. My name is Sammy and I have worked for a community support trust in the Greater Manchester area for the past three years. This community support trust is a charity which looks after elderly people in the community many who have dementia or other mental health issues. The company is run by the manager, who sits in the office and reports to a board of trustees. I have been in the care industry all my working life (12 years) and pride myself on doing a good job. I originally started work in another care home and ended up working in a couple of different one. I have always wanted to be a carer and help people ever since my mother died when I was 15 years old. I pride myself on my knowledge of how to look after people and I enjoy doing it. Recently I have been off sick as I am 6 months pregnant. I really wasn’t feeling well and due to the stress of the job I went to my GP and he signed me off for four weeks. I returned to work on Tuesday and was told that I would have to come into the office for a return to work interview. On attending I was told that due to my sickness she would have to refer this to the board of trustees. I then continue work on Wednesday and attend at an address on Thursday. On attending there is another carer there who looks surprised to see me. She tells me I am not meant to be there and says she will phone the office. She phones the company manager, who says that she needs to speak to me. I then attend the office and get told that two employees have said they spoke to one of the clients who told them something important but said that they had previously told me and said that I didn’t pass the message on. I was then not told anything more about the allegations or what this important message was meant to be and told that I was suspended and I would receive a letter through the post about when I need to attend at a disciplinary hearing and that I could bring a colleague with me. I have no idea what any of these people are on about and know that I have done nothing wrong. I have bullet pointed a few things that I think are important about my time with the company: - No previous disciplinary problems in any of my previous jobs. I have been given a verbal warning previous whilst with this company due to my poor sickness record. I have had a couple of minor bouts of sickness and child care issues. From my memory when I was shown my sickness record it amounted to 14 days in the past year which I did not think was that bad. - From speaking to the company allegations are from two employees (unknown if any official statements have been taken) that a client told me some important information that I failed to pass on. - The manager said that I had the right to bring a colleague (no mention of union rep or legal representative). I am 6 months pregnant and this is causing me a lot of stress . I have never been a disciplinary hearing in my life and have no idea what to expect. My obvious worry is that they are going to sack me for something that I haven’t done. It just so happens that these allegations surface as I about to take 6 months maternity leave and feel that it is more of a coincidence. - Nothing said on return to work interview on Tuesday or whilst at work Wednesday. - At the start of this year an office job (completing rotas, admin tasks and answering the phone) was advertised internally so I applied for the job in the office via internal application process. After speaking to the manager it transpires that I was the only applicant but she then phoned me up and said “well you have just messed up your chances after being off sick”. I then get told that there is no longer a job available and that this is the end of it. I explained to her that it would be much easier for me if I had the office job as it would be Monday to Friday 9-5 which means I would have no childcare issues. This has been one of the biggest problems for myself as a working mother of two children trying to work around a shift pattern between 8am -9pm 7 days a week. My husband is a Police officer and is unable to change or take leave at such short notice. The rotas we receive turn up in the Saturday morning post for the following week so we effectively only get two days notice. I have previously asked for the rota to be emailed on the Wednesday/Thursday when they would be posted to give me an extra couple of days to sort out childcare but apparently this was not possible. My husband has taken a lot of leave to help with childcare problems and my parents in law have regularily come to look after the children even if it is only for a couple of hours to help out. At times I have thought about not working or changing jobs as it is so much hassle and work make it so hard for me and cause me a lot of stress. I want to work and enjoy my job just not the way my manger treats me. - People are too scared to speak up as the manager rules everything with an iron fist and nobody dare speak up against her. There is nobody else to turn to as with it being a charitable organisation there is no HR department and the whole company is basically run by the manager with what she says goes even if it is bullying or discriminatory. I have had numerous conversations with people who are currently in the job who themselves have had problems and warnings and don’t know what to do about it. At the end of the day it is a low skill low paid job and it appears that we have no real rights and don’t know who to turn to and end up just keeping everything inside and plodding on in the hope that it gets better. - I don’t feel like there is anybody that I can go to at work and speak to. Although there is a board of trustees I have no contact details for them and am worried they they will just believe everything that the manager says. - Rota’s get done more favourably for people who are closer to the manager. For example the bosses daughter was off for 6 months with an injury but as far as I am aware never received any kind of warning. I have been off sick on a number of occasions and always get threatened with disciplinary action. She does not care about the employees are comes into work and leaves whenever she pleases to help her childcare issues. I know this because on a number of occasions the manager has turned up for work at 11 am citing childcare issues as I have tried to contact her in the hours before with no reply. I am at my wits end and don’t know what to do. I have no union rep and have no money to get any kind of legal advice. I am going to go to the citizens advice bureau tomorrow to see what they say. I was thinking about contacting a solicitor to see if would be able to help but I know it will cost too much money. In relation to the letter I am going to receive surely I must get a copy of the statements made/allegations before I attend? I have thought about various aspects of bullying and sexual discrimination linked to pregnancy as part of this is the fact that I don’t think she wants to pay me maternity to be off for 6 months and is looking at ways of getting rid of me. Is there anyway I can delay this disciplinary hearing until after my maternity leave? If I could afford it I would just resign and then try and get another job after my child is born but myself and my husband are so tight up for money every month I cannot afford to be without a job or on paid maternity leave. I have contemplated trying to take action against the manager for bullying but I know after chatting to my husband that we will need some sort of proof. I apologise for the long winded post but I wanted to include as much detail as possible, I thank you very much for reading this and hope that you are able to help me in some way. Regards, Sammy.
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