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  1. Hi, I am currently being taken to a disciplinary at work for absences at work. I have had time off last year to look after my wife when she was having a bad pregnancy following us miscarrying previously in the past, this is why we had been in and out of hospital prior to our daughters birth. once our daughter was being born i had to use my holidays for paternity leave as i was not entitled to paternity leave with pay at the time. After the birth my wife came down with very bad postnatal depression which she has been under her GP for and on medication to aid in her dealing with it. work have had me in back to work meetings when i have returned from time off and said they need an improvement; which they have stated to me that there has been an improvement. Now they are taking me to a disciplinary stating 40 days off last year in which they have included holidays from my allowance that they have accepted from my statuary allowance, time off to look after my daughter when my wife has been ill and time they have sent me home when i have gone into work. Within the staff hand book that has never been given to me whilst i have been there, it states "Any absence for parental, paternity, adoption, maternity or dependant leave will not be taken into account when reviewing absences" if this is followed by the company like it states it makes my actual time off they take into account as 14 days for the year not 40, which is the whole reason they are trying to discipline me even though it clearly states they should not. Within the documents they have given me from notes of return to work meetings they have changed items and missed their own comments out to make it look better for them on their part and items have been added after i have signed paper work and no paper work had been given to me until over a week later. what do i need to do to aid myself?
  2. Hi everyone, I have to attend a disciplinary hearing at my employers, they rushed out the letters to say that I had been suspended, (letter one) and that I had to attend a disciplinary hearing (letter 2) letter 2 states that the disciplinary hearing will be on 06/02/14, that's right 06/02/14, I presume they mean 06/03/14, shall I ring them and point out their mistake? both the letters were typed on the same day but came in separate envelopes in an attempt to conceal that letter one had been sent first, however the post mark (registered mail) on both are the same. I was suspended on the 18th, date on the letter states it was typed on the 20th, posted on the 22nd. Any comments would be appreciated.
  3. Hi Everyone. I would like some legal advice about letter i recivd from my work. I'm working from almost 9 years in waerhouse for big internation company. The rulase about offsick is that you can take up to 4 times in one year off sick and still get paid. Fifth time will be unpaid and process to verbal warning. Couple months ago i find our that apparently my company change rules and now you still can get 4 times off in a year and get paid but verbal warning will be after second off. To clear that warning you need to not taking off for more than one year becouse every warning stays for hole year in your records. I'm not sure if thats clear so i will write my exaple. I was off one day in may2013 (me my kid and wife had stomach flu) then i was off 2 days in october2013(I had very stong cold which is easy to get when you work in cold warehouse) after this off i get verbal warning Then i was off for 2 days in february 2014 and i get letter about hearing for written warning. Can they change rules without telling me about that?How now i should defence my self? I did not signed anything about those changes. Now i'm scared that if in hole year me or my family will get sick i can lose job. Can you help me with some advice? thank you
  4. Hi All, I have a work-related dilemma which as escalated over the last few months. I apologise in advance as this is a little long-winded, but please bare with me because there’s alot to tell. I work in a Sales role in the Food Service. My role is different to my colleagues as I'm the only one in a mobile position. This means I cover for maternity, sickness and vacant grounds. I live out of hotels 5 nights per week, Travelling down on a Sunday night and returning late on a Friday. Despite my contract stating working hours of Mon-Fri 9am-5pm they use the argument that they informed me of this at the interview stage, which they did however I did hope for some gratitude back for giving up my Sundays to travel down to a hotel for work. In addition to this, I carry a mobile fridge in and out of my hotel room and into my car twice a day. I submit working expenses twice per week. Also, my role involves sampling foods with Chefs and due to the fact I live in hotels during the week, it makes things quite difficult for me. I either have to rely on a Hotel chef or force my way into the kitchen with a client whom I have not known very long. Everyone else can make their samples from home and bring to work with them on a daily basis. I will be honest; I have found that this extra bit of work is like a job on top of my job, with the added fact I am away from home midweek. I don't get a full weekend which has often left me feeling drained. I have also found my manager to be the Jekyll and Hyde type; she can be supportive in some ways but extremely unsupportive in other ways. For example; when I first raised concern of carrying a heavy printer in and out of my room twice a week her response was ‘well its only twice a week’. Towards the end of last year, I’m ashamed to say, my performance slipped and I made a few mistakes which resulted in poor performance and failure to adhere to a particular health and safety procedure. I had a meeting with my manager where she brought forward these concerns and chastised me for my mistakes. The meeting was mainly negative with no signs of positive words to raise my morale. I was already devastated by my mistakes and felt that some words of motivation could have been given out to raise my mood. Unfortunately this didn’t happen and the day ended with me feeling very down and depressed. Throughout my job I receive a good amount of scrutiny from my manager and I feel this adds to the pressure of the job. Recently, due to fatigue, poor concentration and sleep problems, I have been off work with ‘Stress Related Problems’ and signed off by my doctor. I have been put on anti-depressants and had been off work for 7 weeks. On my return I sat down and discussed my issues with my manager including lack of support, empathy and tactfulness. She seemed to accept her part and also pointed out ways that I can adapt to work better with her, which I accepted too. However, on the ‘Return to Work’ form she sent me, she includes my areas that I need to improve on, but not hers. Shouldn’t she be including this? Finally, she asked me to stay home today as I’d be receiving a letter from HR regarding a formal meeting at Head Office. I have just received this letter and have noticed that the meeting is NOT to discuss my health, but to discuss my Poor Performance, Health and Safety breach and also Failure to follow my managers instructions. They state that the meeting will give me chance to present any information to support my case before a ‘Decision is Made’. Correct me if I’m jumping to conclusions here but this seems like an attempt to force me out of the company. It happened to my ex-colleague a few months ago and they invited him to a similar hearing, ignored his view and dismissed him from his role with the company. I’ve been here only 6months and feel distressed that they are taking this approach with me considering my recent health issues. It also is somewhat of a coincidence that they are now finding the time to bring up issues that have happened over 3 months ago. I’m considering handing in my notice and appealing for what would be Constructive Dismissal in Mitigating Circumstance. But would appreciate any help and/or advice you can give me to support my attempt to take this to tribunal. I’m unsure whether I have a Union rep nor do I know how to find out. Again, your help (as always) would be much appreciated. Thanks!!!
  5. Hello! Just looking for some advice; professional or just from someone who has been in the same situation as myself. I've been suspended from my work place for 8 months after a student nursed on a 2 week placement made a false allegation about myself. She has accused myself of throwing water over a patient whilst laughing. The other two people who have also been suspended are respected members of staff who have worked with th trust for 20 years. On the day in question she had made an allegation that I threw water, laughed and turned around and did a curtsy (as a man, this is something I'd never do). It has been a hard 8 months, I've been interviews under caution by the police as they could of charged me with common assault, but they didn't take it any further as there was lack of evidence. I have worked with the trust for 3 years, I have a clean disciplinary record and also no issues about my work practice from my previous employer. The third year student nurse didn't report the allegation for two weeks as she was afraid of reprisal and felt she couldn't approach anyone. I continued to work on the ward for 2 weeks and she was fully aware I was working with this patient and didn't say anything. Surely reporting an allegation becomes before how you would feel. There are no truth in the allegations what so ever and utterly appalled that someone would question the way myself and the other two members of staff work. They have the best relationship with the patient and would never see any harm come to him. The investigating officer has decided to take the case to a disciplinary hearing, the three of us involved have denied the allegations. My ward manager has also commended my work attitude and has never had any concerns about the way I work. Is there anyone out there who could give me their opinion on the situation and when it comes to the hearing, what questions can I ask the person who had made the allegations. Thanks in advanced!
  6. Hello There I hope you can help me it's been a traumatic few weeks and I've no one to blame but myself but need some help as the whole situation is stressing me out and I'm very upset about it. It's quite a long one, but would appreciate anyone helping me if they can. Due to some personal issues I went out with a friend and got drunk to deal with it, I met up with some work colleagues and stopped drinking about 2 am but we stayed out till the club closed, at which point we went to another bar. At this point I have no memory of an entire hour, which is unusual because I wasn't drinking as much as I have, I've never lost memory during an evening before and was perfectly coherent in the previous hours as I remember everything, my sms messages were normal and things. Apparently during this hour a work colleague I asked to, got me a spirit drink so I drank at 5.40. As our place of work is next to said bar I figured it would be easier to go straight into work get ready and begin opening the shop (not literally of course but preparing) as I would start at 9 and figured I'd be okay. My colleagues came with me for a while one was completely sober, these aren't people I would normally hang out with my I add, I don't get on with 2 of them at all, one has complained about me many times (I'm a team leader). They left soon enough and I sorted the place out and when one of my bosses came in told him about my evening and them being in. He noted at this point this would have to be investigated as technically without a manager no-one should be on site. I said I was sorry I didn't know that and accepted it would be looked at. Because the cleaners were already in I thought it was okay, I've been very early before and been alone before and no-one has said anything (I've also been left alone by a manager). I had a horrible smell of alcohol which was unprofessional and noticeable. At 2 pm I was taken into an office by the main manager who also had come in at 9 who stated that he thought I was tipsy when I came in, and still was and he was sending me home. Aside from the smell, to my knowledge I'd done nothing out of the ordinary, my speech was fine, I did my job normally..etc.. wasn't wobbling or anything. ----------------------------------------------------------------------------------------------------- The next evening I had a investigation meeting for Unauthorized access and intoxication at work. I explained my evening and my morning, stated I couldn't remember an hour and couldn't explain why. (I wonder if I was spiked). Explained my mitigating circumstances for going out, and how it was so uncharacteristic of me to do so, I've worked there 25 months without issue or disciplinary and been promoted. I was suspended at this point with pay until it was investigated further or action was decided. -------------------------------------------------- I was asked for another investigation meeting after 7 days which I've done. This was to go through some statements by those involved, cctv footage (which showed us entering and me doing normal things. I got some uniform out as obviously I hadn't intended to stay out which he asked if I had predetermined to do). I found out about the missing hour and a drink. I've agreed and held my hands up each time I entered the building at 6am, obviously must of been a intoxicated a little from the alcohol but when my shift began I honestly felt fine, just hungover. --------------------------------------------------- I received a call yesterday that I was to have a disp hearing in two days time and a letter would be emailed to me as I was okay with that instead of a letter as the letter would be too long. At 7pm I got a call from HR in London stating this was to be postponed(if at all it was to be done again) as the investigation wasn't finished on their end and she would hopefully do this tomorrow, she stated she would let me know if any action would be taken (or my site would contact me), if I would be needed for another investigation or if they decide to proceed with a disp hearing. ----------------------------------------------------------------------------------- I'm totally at a loss for my actions, I didn't intend them and expect to be fired, I love my job but recognize the severity but I'm feeling more and more stressed at the time it's taking to be resolved when I've admitted to stuff and been honest. I've been suspended for 14-15 days now (which is supposed to be as quick as possible), I'm not allowed to speak to anyone who works there (Despite being close friends with a lot of people) and such. I'm struggling to understand what more they need.. I find a few things odd however: - If I was deemed to be intoxicated why wasn't I sent home at 9 am and not instead till near my shift end at 2pm? Surely if I was bad I'd be much better at 2pm? - I'm far from the only person who works there who has been out till 5-6am, and gone to work at 9 smelling better sure, but technically would still be under the influence of alcohol without any punishment/words. - Unauthorized access I was unaware of this and generally didn't know and due to previous times I've been in thought it was okay. I understand I'm suspended for the gross misconduct, but the other 3 guys involved have been allowed to talk to each other, and worked for the past 2 weeks, I've been forbidden contact, surely it's not fair that they are able to collaborate stories and stuff? I can't do that. It can't be too impartial in their statements. And 2 of them entered also intoxicated, whilst not in shift they came in irrespective and I didn't force them. Seems unfair a little. -How much to mitigating circumstances be taken into account? - There is another Team Leader who sufferers with depression, however at least twice in the past 6 weeks she has been sent home for being hungover. Surely she should suffer disciplinary like myself? ----- I realize I'm in the wrong all over and have admitted this which is why I'm so confused with the length of time its taken, its also a huge stress cause,I can't even talk to friends from there concerned that I'm not in work, and I can't start any jobs until I'm fired/finished or know when I will be meaning the closer it comes to xmas the less likely it will be that I can get a job for rent. Does anyone have any help they can share at all? I'm well aware of how stupid I've been and dont' need any more critiques of this, believe me my head has been more than enough the past 14 days.
  7. Hi all, its my first post here and looking for advice. I have been having a tough time lately which has resulted in me going on the sick from work with stress/anxiety. At the time of break up I asked for a bit of help from work as it is a high pressure sales environment and I was struggling with targets, to which I was told they still expected me to hit my targets as I should be able to leave my problems at the door. I have been off for around 2 month now and have received a letter inviting me to a stage 3 disciplinary hearing. The disciplinary relates to a day off I took in July due to car problems. My shift was 10.30 - 6.30 and i got agreement from work at about 2.30 that I could take the day off and make the time back. In fairness I did exaggerate what had happened but they still agreed the day off. Now they are saying that I have lied to a manager so they have lost all trust and confidence they have in me. They have checked with my brekdown provider who my employer are linked to and have found that I have exaggerated the situation. So my two questions are can they check with my breakdown provider or is this a breach of some law? and Do I have to attend the hearing considering I am signed off work on the sick? Thanks.
  8. I was hoping someone could help me with some information about how disciplinary procedures work in the eyes of the law. It's a long story, so I'll try keep it simple. False names will be used cause I like a conspiracy. I work for a call centre and I'm a supervisor. One of our colleagues, David, stole around 30 grand over a period of time through fraudulent behaviour and creating fake accounts and crediting them. During this, he managed to get a hold of another colleague, Keith's login details so it appeared Keith had done the same. When this came to light, David was questioned and stated that Keith had left his login details at his desk and David had stole them. Keith denies this, but states that he cannot be 100% certain he didn't leave them lying about. It should be noted these details are changed every 6 months or so. David was dismissed after preliminary investigations. Keith now has a disciplinary hearing on Monday at 10am for "negligence" I believe, potentially gross misconduct. Now... my queries are in line with... can they take David's word for this over Keith's? Keith is stating he disposed of the login information when he got home (which isn't correct process, there is a place to do it in work.) However, the login information was given to him whilst he was doing his role, which did not allow him to vacate his seat to follow the correct procedure and he forgot till he got home. Additionally, the current procedure is that these details are given in person and a chat about what to do. Keith's login details were given to him by a separate individual at his desk. Is Keith automatically liable or is the burden of proof on the employer to prove he negligently offered his details? Also, Keith was given his letter for disciplinary on Friday afternoon for a meeting on Monday at 10am, meaning he cannot contact ACAS or CAB to get advice. Is this grounds to ask for a postponement? If so, are the employers obliged to allow this? Lastly, with regards to being accompanied. Keith has requested I accompany him to his disciplinary, which I have agreed. Due to the letter being given on Friday and he being unable to confirm if I would attend until Saturday, he won't be able to inform the employer until Monday at 9am, an hour prior to the hearing. Can they refuse this request? My last question relates to me being able to accompany him, is there anything I should or shouldn't do? It states I am allowed to support his claim, does this mean once he has answered a question, I am allowed to interject with further evidence or support to back up his claims? Should I sit in silence? I am unsure how to help because I feel at the moment, they are trying to point the blame for David's mistakes to cover the fact the company has lost 30 grand. Any help would be so much appreciated as I am concerned we won't be able to contact ACAS or CAB Scotland on Monday and I am worried Keith is going into this blind. Thanks again for any help.
  9. Hi, my daughter needs some help and advice. Apologies in advance for the length of the post. She works as a care assistant in a home for mentally challenged young men. Two weeks ago there was an incident when she took one of the boys to his music lesson. Whilst at the lesson the boy did a poo in his pants which she had to deal with. To cut a long story short the music teacher complained to head office saying that my daughter had: a. had refused him food and drink before he attended his class b. refused to clean the boy up c. shouted at him d. left the loo door open for all to see e. called him a "walking disease" The first that my daughter knew that there was a problem was when she received a disciplinary letter with a copy of an unsigned/dated witness statement from the music teacher. The hearing had been arranged for the day following receipt of the letter. As it was my daughter had to postpone the meeting as it was early in the morning and she is currently suffering badly from morning sickness. When she rang on the morning to rearrange she did point out that she had intended to attend but they hadn't given her reasonable notice to prepare for the meeting/arrange for someone to attend with her. The Head Office response was basically "tough" we can arrange a disciplinary meeting whenever they want. When the letter for the rearranged meeting arrived the charge had been increased to gross misconduct. When my daughter spoke to her manager she said that they had increased the charge because she hadn't attended the first meeting. Surely they can't do this can they? At the meeting my daughter asked why the charge was now gross conduct and they said they had been advised by their employment consultants. So which is the right version? Anyway she explained what had actually happened and how the allegations against her weren't true and how the statement contradicted itself. She also pointed out that there were no safety gloves available which contravened the companies infection control policy. Interestingly the same thing happened the following day when the boy went to college (different care assistant) and he had to be taken back to the home for cleaning up. As a result of these two incidents whenever the boy now goes out the carer takes gloves and a spare set of clothes. Anyway, fast forward and she received a letter to day issuing her a final written warning stating the following reasons: a. she broke the companies care standards by shouting at the boy, him losing his dignity etc b. how she should have taken safety gloves/spare clothes with her, even though there is no mention of this in his care plan and no other carer had in the past. In fact the care plan has still not been updated since the incidents My daughter feels that she has been unfairly treated and is going to appeal. The points she wants to raise are: a. How the disciplinary charge was "grossed up" unfairly b. how they haven't taken into account about how she explained how she dealt/spoke to the boy and they are taking the side of a witness who isn't trained in how to care for the boys and whose evident can't be collaborated c. the company failed to provide correct infection control facilities and how her manager should have advised her if a special arrangements should have followed Incidentally she never received or was directed to the current disciplinary procedures when she joined the company over 2 years ago, the reason cited was that they were updating the staff handbook. The first time she had seen the procedures was when they were included in the SECOND letter. Also she has an exemplary disciplinary track record and hasn't had any warnings of any sort before. Sorry for the length of the post, any help/advice should be gratefully appreciated
  10. Can anyone help me? I have been dismissed from work and appealed against the decision. During my appeal interview I presented additional evidence that was supposedly investigated. However when I received the appeal decision letter copies of the interview notes were not included even though the interviews are referred to in the letter. Am I entitled to these notes?
  11. Just need a little bit of advice really, i have a disciplinary meeting soon for 'high sickness absence' My employer has a strange sickness policy, it is a rolling year sickness that has no set start date?!?! So they pick and choose presumably what date my sickness started for that year. I always thought it was january to december then i thought they changed it to april to april and now it seems its a random rolling year. So firstly, has anyone heard or had experience with this type of sickness? I have been employed for 5 years with this employer and probably taking 10 days sick per year roughly. (8 days allowed). Up until this year ie..2013 in total i have been off about 27 days and at any 1 time 2 weeks. Now, on 2 or 3 occasions i have doctors notes which 2 are physical injuries preventing me from coming to work and the other is work related stress with 4 days in between with other common sickness. So i have been unlucky this year. 1 of my colleagues was off with stress for 6 months but they did not give him any formal disciplinary. Also another colleague was off for around 1 or 2 months without any disciplinary. But i have 27 days and i have a disciplinary. So my question really is, can they take into account the days i have doctors notes? i have NOT had any written warning about it. Only a meeting with one of the managers who said i had taken 9 days in the last 2 months. He did not mention high levels of absence or anything before the last 2 months. The formal meeting i have, they are taking into account from dec12 to nov13 which is 27 days. I am very confused and stressed to the point i cannot even work anymore.
  12. I have a discplinary hearing tomorrow and i need some advice as i believe i have been targetted and singled out to be made a example of for the rest of the unit and they aim on dismissing me. i work in a call centre, i was caught with my phone on the unit, which is a big no no, which i accept, and they have issued a letter for a disciplanry hearing. Now, i believe i am being target and my reasoning behind this is.. numerous people within the unit have been previously been caught with mobile phones out on the unit and all they have had is a slap on the wrist, not even a written warning. 1 guy was caught on his phone by the operations managers' manager, he nothing happened to him, a girl was caught twice in 1 day by the same team leader on both instances, and she never get repremanded for anything, another guy, openly showed agents. managers and team leaders pictures on his phone and facebook of girls, and to top all this off, 1 guy, who next to the person who is doing my disciplinary hearing, OPENLY, uses his phone while she is sat next to him, not even trying to hide it and he has never been "caught" so clearly in my eyes this guy believes even if this manager sees him using the phone, nothing will be done, YET, with me, this is my first infraction, i am a model employee, i have the best sales stats, top 5 in the call stats, never been told off, nothing, and yet ive been pulled in for basically a dismissal, am i being paranoid or does this sound like im being targetted to be used to set a example for the unit by them dismissing me?
  13. Hi there I did a google search on this and have read a few threads on here regarding this but thought id ask about my own personal case. I have been suspended from work since the 16th of july after i appeared in a news paper article naming me but not the company i work for nor the clients site ( i am a industrial cleaner working on a private aircraft manufacturing site). It said in the paper i was "high on cannibas" when i supposedly committed this offense but i was acquitted of the charge with a not proven verdict, i stupidly made a false confession for reasons that il keep to myself unless needed, the reason i told the police i was high on cannibas at the time was because my ex's mother told me to say this to lesser my sentence if i got one was schizophrenic people get lesser sentences anyway as i said this was a false confession. I hadnt told my employer about the court case before or after the case ended because frankly i didnt know how to talk about it. They asked me to do a drugs test which i agreed to do which they still haven't arranged but i have just received a disciplinary hearing letter for the 30th of july, there reasons are as follows. 1. Suspicion of drug use whilst working for the company, the site operates a zero tolerance, due to the fact that you drive and operates machinery as well as lone working on the nightshift this is a real concern. In our company handbook it states coming into work under the influence of alcohol or drugs is classed as gross misconduct. 2. Failure to inform your employer that you were attending court as part of a trial aggainst yourself for allegations of a violent behavior, in which your employer andsite client were informed about through a newspaper article naming you, this may have brought both the company and our client into disrepute. 3. Breach of trust and confidence by failing to inform your employer before or after the court case to enable us or the client to prepare for any consequences of the newspaper article. It goes on to say........ This is a serious allegation and, if proven, may be regarded as gross misconduct, therefore any disciplinary action may result in your dismissal from the company. Now this hand book they talk of i have never seen nor have i had a copy of any contract to say if i have to inform them if i where attending court. Its a pretty big well known company, they in my opinion and colleagues opinions are looking for ways of paying people off, they have cut costs and recently paid off 6 employees on the site. I dont see how they can have this meeting without doing the drugs test first?
  14. On Friday 12th July I was suspended from work at about 3pm. The reason I was given is that a customer is disputing a transaction which I did, and I was the unlucky person who served them (I work in a bank). The main reason being they couldn't find the relevant withdrawal forms, which the customer would of signed. I rang my union, she said not to worry, enjoy the sunshine. I rang ACAS, they basically said the same thing. On Wednesday 17th July I got a phone call from a fraud investigator with the bank, asking me to an investigation meeting on the following Monday. Just to point out, he wouldn't give me any further information. I asked my union rep to come along, which she agreed. So on Monday 22nd July I traveled an hour to meet this guy and let me tell you, it was a very long 3 hours of interrogation. Interrogation would be the only suitable word as he used to be a police officer and was basically a bully, trying to trick me into answering things incorrectly. During the interview he showed me CCTV footage of the transaction, but due to the placements of the cameras, you couldn't actually see anything! It also came to light that 2 other customers are disputing transactions. Honestly, disputed transactions are quite a regular occurrence, apparently people have more money then sense. At the very end he asked me loads of questions about my immigration status, I am a Canadian here on a marriage visa. Then about my husbands business, as he's self employed. It might be the Canadian in me, but I was quite offended by the questions - I answered honestly and politely anyway. After the interview my union rep said that it might be worth it to just resign. Because it's coming down to my word against the customers, I will loose. And because this particular company has been in the news quite a bit, trying to hold on to their ethical status, they don't want the publicity. Anyway, I was offered another job a couple days later, a posted off my resignation letter. The decision wasn't easy, however, it was apparent that the accusations against me had been spread to not only the employees in my branch, but other branches as well! I didn't see a way which I could return to work there and be happy, let alone trusted. Today I received a letter dated the 24th July from the financial crime department, it basically says, investigations have revealed that you have made such and such withdrawals adding up to ££. Having examined the information, unless you can satisfy us that the conclusions we have reached in our investigations are incorrect, it is our intention to record on the fraud prevention databases relevant details to your theft from customer accounts. Now I've never been through anything like this, and frankly I couldn't risk a theft which would put my immigration status at jeopardy. But how in the hell am I supposed to prove that I haven't stolen when I've told them everything that I knew already. My husband seems to think that the fraud investigator has a bully complex and once he's got the idea in his head, he won't stop. Please, if anyone has any input, I am all ears.
  15. I know you have 90 days to log a tribunal claim following the outcome of a disciplinary, however is from initial sanction date or the appeal outcome date? thanks
  16. Hi I need some advice please. My husband is a PSV driver and was called in for an informal chat last October. He duly attended and was told that a complaint had been made by a clients (special needs) parent. The complaint was over some banter which had offended her. He agree to tone it down and apologise, which he did. On the 20th June 2013 he was called in by his employers for an informal chat. Again he attended and was told that the clients father had complained again about something he had said. She told her parents that he had said that she was full of **** and from his recollection he said that what she said was sometimes full of ****.The client at the time was bantering other clients and my husband. At the time he was nursing a cracked rib and not slept properly for 3 nights. His employers were aware of this. He said that he would apologise to the father and agreed that he should not have said it. He phoned her father and apologise, which he accepted. The father said that he has warned his daughter that her banter would get out of hand.My husband was called in again on the 26th for another informal chat only to be told tha the had a written warning following a verbal warning last October (he was not aware ogf this), plus they were moving him of his run. They have now produced a new contract reducing his hours and pay by £1700 pa. At no point have they followed the ACAS guidelines. First he was not sent a letter inviting him or have they given him any witness statements. He was not invited to take a companion. No notes were taken.They have not given him an outcome letter with an explanation or the timeline for improvement, only a copy of the written warning. Nor have they told him his right to appeal.To top it all when he was paid last week they have taken out in one lump sum the the 2 weeks salary paid in advance so they could go from weekly pay to monthly pay. He has a letter from them stating that this would be deducted at source on a monthly basis for 12 months unless there was a resignation which there is not. Can anyone advise please. He knows he has done wrong, but is aware that this girl has got other drivers in trouble for the self same thing With another company he worked for). Many thanks in advanced.
  17. Hi All, I would really appreciate some advice on my situation please. I have worked for a company for three plus years and my performance has always been measured as among the top in a team of 12. The company has always been struggling though and the whole region short of target (they have had many management changes). Then in Jan/Feb my role changed slightly and although I'm still among top in the team I'm still way short of expected target (the majority are even worse). I have never been asked or questioned on my performance (actually praised as recently as June and told I was under no job pressure) then out of the blue I received a formal letter complaining about my performance implying that they had spoken to me multiple times already (they never have). The last two-three months have been hard, but no worse than others in the team. If you take my yearly results and results from before the changes then again they are among the best. I have been told to I am having a disciplinarian review meeting early in August where the outcome will likely be a Performance Improvement Plan. I have been told I can take a Union rep. I am the only one in the whole team having this procedure taken against me. I doubt it will be a true "help" plan and more likely a "mange you out" PIP and will be set at levels unachievable by anyone in the company. Also after the PIP it's likely my performance will be better than other in the team not on PIP. The employer seems not to want an informal chat before this meeting. My questions are: General advice? Am I at risk of being fired in the meeting? How long would a PIP last? I can get a Union rep to attend with me for £350 + VAT. Are they worth it and what benefit would they be? I can get a solicitor to advise at additional cost also. What should I prepare for this session? Anything else? To be honest this has dented my trust in the Company and I doubt I want to work there, but I don't want to be in a situation where I am on 30days to find a job. Thanks for any advice and all is appreciated! Thank you D
  18. Hey CAG, I usually have my morning break at 9.00am in the morning and I go to Boots. Today at 9.02 whilst we were close to leaving the building, a test fire alarm went off and me and a friend went out the fire exits like we should but when we was about half-way down the fire exit, the alarms de-activated so we instantly assumed that it was a false alarm again or it was accidentally triggered because they've been doing maintenance on the alarms all week and sometimes the alarms like to trigger and we got told to not evacuate. We left the fire exit and there was nobody at the fire point at all so we assumed nobody left the building and we proceeded to Boots. Upon getting back to the store, all of the employees were outside and the alarm had been re-activated whilst we was in Boots so we were unaware. I have been given a disciplinary for not following the fire safety procedures. What should I do about this? The alarm shouldn't of went off immediately after it was activated. I've spoke to some members of staff who agree that when it happened they hesitated whether to leave which could be the seconds between life and death. Any help is highly appreciated. Thanks.
  19. I don't wish to attend my disciplinary meeting. I've suffered from anxiety/depression for years and I don't feel up to it. I am expecting to be sacked anyway and wouldn't go back even if I wasn't sacked. They've not given me much notice. Can I send them a letter which they'll likely receive on the day of the planned meeting saying that I am unavailable and that they have permission to go ahead without me? Thanks.
  20. Hi This is my first post and I apologise in advance for any mistakes I make I would appreciate some advice on the following issue..... I currently work as a GM for a large restaurant company (approx. 270 sites / 10k employees) and I have worked for them for just over 5 years. At the beginning of April this year (8th to be exact) I was asked out of the blue to attend an investigation meeting regarding some 'concerns' raised by an assistant manager which I worked with from September 2011 until April 2012. It turns out that she has made a complaint regarding bullying and harassment. To my knowledge she has involved a union rep, and it appears this has scared my employer. On April 26th I was suspended, and I was soon delivered an investigation invite to a meeting on May 14th. I attend the meeting, and supplied a 12 page statement with accompanying evidence to support my response to the allegations. The initial investigation was bad, for example I 2 of the allegations in which I allegedly made a 'sarcastic comment' to different members of staff was only supported by the accusers statement that said someone told her I said something. I just pointed out that there was no evidence to support that I ever said these comments. From this, the meeting was adjourned to carry out further investigation. This further investigation has been carried out by the same people who conducted the disciplinary hearing. I then received a re-invite for another meeting which was today. In the invite, they had adjusted approx. 4 of the allegations, and added in another 2 allegations. This further investigation ended up in more people spoken to and more paperwork than the initial investigation. The 2 extra allegations relate to 2 other managers I have previously worked with, one of them in 2009. The allegations claim that I 'behaved inappropriately to them and this may constitute bullying'. It is also the same people carrying on the investigation. I submitted a 42 page document in response to the allegations, and pointed out issues I had, such as how fair the process was given the same people have investigated, written an amended invite sheet with extra allegations (which he would not do unless the thought there was evidence to support the allegations) and will be running the meeting/potentially making the decision. I pointed out other issues such as them conducting a fishing exercise, and amending allegations to fit the evidence etc. This was given to them at the start of the meeting and they still continued with the meeting. I do not think that they expected such a strong response to the allegations. To be honest the first time I heard this manager had an issue was this April, and the allegations relate to trivial instances which contain nothing offensive etc. I think my company is scared of the damage she can do, and they are trying to sack me to appease her. The issue is I will fight this all the way as in my opinion I have done nothing wrong (although I accept how this individual feels the way they say they do, but I was unaware they had an issue with me hence be not feeling like I have intentionally done anything wrong). From all the investigation notes I have been given, I pieced together a time line which dates back to April 2012, when I left one restaurant and moved to another, this person raised issues. Up until this April it seems she has raised issues to her new GM and 2 different area managers and not me. Also, these other managers have not spoke to me either. So in her eyes the company has failed her, which I agree they have, and it seems they want me to take the fall as this would make her very happy and seem like they have done something, when in reality they are just deflecting the focus from the fact that 2 managers in responsibility have failed to deal with her issues. Todays meeting was finished, and I was told I will hear in 48 hours what the decision is, or if they are going to investigate further. I am concerned that this will continue until they feel they have evidence to dismiss me for. It is apparent that I have a valid and reasoned response to the allegations, this is largely due to the fact they do not have evidence to support the allegations, which is what I keep on pointing out. 1/ How many times can they keep on holding meetings, adjourning, investigating further, changing allegations etc?? It seems unfair already, and the prospect of a third investigation/disciplinary meeting is getting to me, as I just want a resolution. 2/ When I outlined my issues in my statement (8 in total) should this have been treated as a grievance and the meeting suspended?? 3/ Any advice in general....... I have now been suspended for 6 weeks, and as it stands I still do not feel they have evidence to support a dismissal for gross misconduct. I am concerned that they will keep going until they feel they have enough to dismiss me for. Any help or advice on this would be hugely appreciated!!!! Thanks David
  21. Hi Just need some advice for my sister. She was told she was having a disciplinary investigation in 30 mins yesterday - no warning or knowledge of what it was about. In the meeting (big retail store) she was given three allegations which were alleged gross misconduct, loss of trust and confidence & unauthorised removal of a company record. As this is 'fact finding', surely they are trying to find facts on the alleged record??????? - can they at this stage state alleged gross misconduct and loss of trust and confidence? How do they know this if they have not yet investigated? Advice is much appreciated as she is very upset.
  22. So at my workplace as with many others we have strict trigger points for non attendance and absence. Which rightly I appreciate as it's to ensure employees aren't going sick for a hangover or to go to a do or whatever. But nowhere is there any lenience for an employee who has genuinely been ill. Since I began working at my workplace I have had a lot of sickness(Possibly brought on by work in the 16 months) all backed up with medication and antibiotics I had proven I'd been given and in 2 cases now a doctors unfit to work form. Yet my employer doesn't see this as a reason to be off... I even had other colleagues asking me after I had returned to work having handed in my sick note, why I had time off when I wasn't ill and this has come from a managers mouth to the employees. Is this allowed, is a manager allowed to say on a presumption that when I had called in originally that I wasn't ill and throwing a 'sicky'? But carrying on with the current matter. I have just returned to work after having 8 days off and that being 6 working days due to having a bad chest infection that rendered me unable to do anything as I had severe trouble breathing and was coughing up blood, so respectively my doctor signed me off for a week. I have returned to be told by 1 manager that another manager is going to have a word with me tomorrow informing me that a letter will be sent home for a disciplinary hearing again. As said, I've been ill before and have had this meeting and I was shocked that they could do this, not knowing if this is allowed as I was legally signed off as unfit for work. If they do give me a disciplinary whether it's informal, written, verbal warning perhaps even dismissal as that's what this company is like (Our staff turnover is around 50%). What is the procedures over this kind of action I recently read up on ACAS's rules for disciplinary ect, and I found it interesting that to any disciplinary we have a right to appeal, which as of yet from 2 separate meetings was never told I could, I was never informed I can appeal to a disciplinary, is that grounds of which I can appeal to them now? or is a tribune more valid now? Let me know what you think guys as I'm sure somehow they 48Hour relief period between letter being delivered and the meeting occurring as standard policy will go out the window and they'll try and get my in either tonight on shift or tomorrow. Sam -
  23. Hi everyone, I posting on behalf of my wife who is due to have a disciplinary meeting tomorrow due to her absence. I'll try to describe how this has managed to come about. First off my wife has Type 2 Diabetes of which she does not have great control over and uses insulin to manage her diabetes, she is currently and has been treated for long term depression for which she takes medication, she also has carpal tunnel syndrome in both wrists. Her depression the doctor believes manifests itself from her Diabetes, we also have a disabled son who has a serious problem with his heart and has recently had his aortic & pulmonary valves replaced, and in addition to this I was left severely disabled following a car accident 3 years ago. So to be fair she has a lot to be depressed over, however because of her diabetes she has been absent 2 times in six months due to very severe and recurrent water infections due to the high amounts of glucose in her urine, and recently she was absent with a severe viral infection which has triggered this meeting. I will add that all the absences were covered with a fit note from her GP to state her illnesses at the time of absence, my wife's GP has also wrote a letter recommending my wife be referred to occupational health for assessment due to her diabetes, depression & carpal tunnel. My wife has recently requested her employer to make reasonable adjustments with regard to her absence as her doctor has suggested it is not unusual for her to be more prone to illness because of her diabetes and depression, she requested that instead of the usual 3 absences per 12 months as per the companies absence policy, she has requested adjustments for this to be increased to 5 absences per 12 months. This has been flat out refused by her employer and have said the meeting will proceed tomorrow as usual. She has contacted ACAS today and they have stated that she is certainly covered under the Disability Discrimination Act 1995 with regard to her diabetes, they have also mentioned the Equality Act 2010 with reference to her depression as she has suffered mental health issues for the past 3-4 years now. I would be grateful if someone could explain how the DDA 1995 and EA 2010 would aid my wife's case, as I clearly believe there is some form of discrimination going on here. If all does not go well tomorrow she will almost certainly end up with a 1st stage written warning for 12 months which I believe is a bit harsh as surely her employer can't reasonably apply their one size fits all absence policy in the face of her ongoing disability.
  24. Hi all I am new to this but wondered if anyone can help. I work for a company that has Bradford Point system. I have had 3 instances of sickness in the last 12 months with took me to verbal warning stage. Since then my car broke down one day and i was 3hrs late getting to work having to wait for RAC, another day i ran out of petrol (I know but money was tight that week) and I was 15mins late but agreed with supervisor to work the 15 mins over to make the time up. Then my young son was ill and I had to have the day off to care for him. Now I have received 3 disciplinary meeting letters all on the same day for the 3 disciplinaries to take place on the same day.. I am thinking they want this to be written warning, final warning and dismissal - can this happen? Thanks in advance for your help.
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