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  1. bit long winded this one, sorry folks. I had been working for an outsourced company in a well known bank. Whilst in training I received strange emails from the trainer. This was following from a conversation in training were I asked a question. He explained (in answer to my question) it was in relation to couples who had a joint account and subsequently split. He said “say you and I were in a relationship”. Three days later I’ve seen he’s gone into my email and sent himself an email from my account/computer “that joint account we were talking about, do you fancy it? Can we get back together” (paraphrased, I have a copy) One of my colleagues saw this email and told me to take a copy to “protect yourself, that's really bizzare”. I replied to him saying “he’ll nah” thinking nip that right now! he’s then ran into the class in front of everyone and said “not up for it no” then left the class. From that moment on every single word that came out of my mouth he seemed to take offence to. Everything. Even just hello. The end result being I chose to just sit in silence in the corner, segregate myself from everyone else, keep myself to myself and not speak to anyone. I did speak to the manager about it and she told me “I get on with him so..” and that was that. Once he told off a member of staff for coming in hung over. Fair enough. However, the next day he’s come in hungover himself and stated “I’m hungover I can’t be (expletive) training you today”. On another occasion I had a difficult call and he grabbed a team leader, they then proceeded to stand watching, laughing at me. On another occasion during “coaching” he took my entire group out for a smoke I “wasn’t allowed until she asks me herself”. i stated "I'm not engaging in that power game, sorry" I was then left sat alone completely ostracised whilst they all went out for a smoke. It later came to me that during this he’d called me a “bitch” I then spoke to his manager who agreed I had a legitimate complaint “but she’s off today so” and that was the end of that. We’ve then gone onto the floor and continued training. We were told we would receive multiple one 2 one coaching. This happened once. When these coaching sessions had been booked onto our schedules we’d be left sitting around doing nothing for hours. the manager told us “the training we said were giving You’re not getting it , I don’t have time”. On the one occasion I did receive coaching I had a call fail for following incorrect procedure. I explained I remembered the call and put my hand up and did what the trainer told me to do. I still failed. This happened multiple times with different members of staff.The end result was hoards of new staff(and old seemingly) on the phones not knowing what their doing (and saying it). I witnessed several regulatory breaches at all levels of staff.. I am PTSD (undeclared, following on from being stalked for two years by a colleague, sexually assaulted and suicide attempts..) and found this exacerbated symptoms. I didn’t declare PTSD to the employer however i did state to trainers the lack of appropriate training was causing severe anxiety attacks. Nothing changed. During my time on the floor training it was agreed that mine would be extended for another week. I was entirely happy with this and expressed the fact that I was going to ask anyway. A few days later I’m told oh no that’s not happening now your going live Monday. I had zero input in this. Decisions are being made around my development with zero input from myself. I stated to them outright "I don’t know what I’m doing!!!" So I’m making my way to work Monday 24th December and had a panic attack in the street. I’ve not had panic attacks for 6 months. I just went home and txt the recruitment number “it’s not for me”. This was a clear resignation with immediate effect. Training group; Bullying was rife amongst this group. One in particular would talk about everyone when they were not around in a derogatory manner. According to this individual several members of staff are “sociopaths”. She would mock me to my face around my degree “shut up about it”. I suspect jealously because we did the same degree and I did better. This individual would relentlessly pick on someone in the group (who had an obvious mental disability of some sort, autism or something I wasn't rally sure). He’d speak in class and this individual would mutter “shut up” he’d sit next to us and she would intentionally and deliberately move away from him then stand around giving dirty looks. He picked up on it because he came and spoke to me he told me it was “making me sad”. I could give many many many many more examples of this persons behaviour. Another individual, the self confessed personality disordered individual(bpd). She started spreading rumours about me and a trainer. I was "into him" apparently, I wasn't. Rumours that were entirely baseless, again. She can deny deny deny but her “friend” told me And I heard her talking about it with my own ears. When I would sit next to the group she would intentionally move away and I’d hear her talking about me. On another occasion this individual was making £5 bets on “who would cry first” this is so nasty I have no words. One of the trainers said to a colleague “I come in here and play with my phones then I go home and play with my girlfriend..” hes 55 shes 19...bleughhhhhhhhh Another time this trainer was ‘helping’ me I got something correct myself and said ‘was I right,yeah?’ He said ‘had to happen sometime didn’t it..”. Bullying. This particular trainer got "barred" from being around trainees because of multiple complaints around his behaviour. Wages; During the 24/12/18 and 7/1/19 I received no communication whatsoever from the employer. I have then emailed on the 7th jan asking for confirmation of what my final wage will be. The response was; “Hi x, Your final pay will be 28th Jan due to your leave date. You will received payment on Monday 14th with any hours worked up till 6th Jan then on 28th you will received any remaining hours due and leaver Annual leave. Thanks x Executive – Compensation and Benefits” I have then received a payslip which just states states “zero”. no deductions nada, just blank. I’ve queried this stating, as per your own timescales I left on the 24th and therefore should receive 1 week outstanding wages and outstanding holiday pay on the 14th jan NOT the 28th as per your own email. At this point someone should have joined the dots that something had gone wrong, they didn’t. They then proceeded to IGNORE subsequent emails and failed to respond or amend my pay. I have then received emails a supposed HR senior: “Hi x, I requested the details from our team and they confirmed an AWOL letter – request to contact was sent to your address and email as attached both on 27th December. As they failed to hear from you it proceeded then to a disciplinary on 7th January again the invite dated 3rd January 2019 was sent to the address we have on file. This meeting went ahead in your absence and was held by x and x. An outcome letter was then sent to you via post which I am happy to hear an appeal should you wish to send through. Can you send me this evidence of your resignation so I can review ( I sent this twice one week prior fyi)? If not, can you confirm who you sent this to and to whom did you resign on the 24th? This resignation had not been cascaded to the team and thus your leave date being 7th Jan via dismissal due to AWOL. If you have evidence of sending your resignation then I can deal with the appropriate person as this has clearly caused a number of issues none more so than your final payment date being pushed back to the 28th January. Regarding names, that’s fine although this can limit our investigations which will be carried out by the training manager when on site in x next week. In regards to your pay & any outstanding monies owed by the company: Ø You will be paid firstly for hours worked from 23rd Dec – 6th Jan on 14th January 2019. Ø Your final pay will then be on the 28th Jan which as both x and x from our Payroll Dept. has advised will include any outstanding hours and unused AL." None of these communications were received by myself. I have then received a call from someone on the floor stating there has been a “GDPR breach”. In that all the wages are incorrect and members of staff have other people’s personal information contained in their own payslips. I was also told they were “wiping the system clean and in putting everyone’s data again. No one from x informed me of a data breach. I have then received copies of the email/letters x claim to have sent me. The email has gone to an address that isn’t mine. The letter has gone to a postcode that isn’t mine. The letters contained within are marked “private and confidential” and contain private personal HR information. This is causing distress. in that I have not left my home for days, I'm trying to secure accounts, I cant eat, I have not slept, days later I have not received a single response from the employer regarding the breach. I am losing my mind. I have been paid zero. Recently I noticed my mobile number has ben used to sign up for shortcode txts. i didn't do this. I DO NOT give my number out. ONLY for work. I believe the two are related. I pointed out this breach to x on the 11/1/19 they seemingly hadn't noticed, it is now 14/1/19 and I have received not one single response from them. I believe they have not noticed this breach, it was me! I have spoken with the ICO who tell me the breach (ive filled in the personal breach report form myself) hasn’t been reported (yet) I believe the 72 hour time limit is breached-the letter sent out was dated 27th December 18. So I have been unfairly dismissed based on data that wasn’t received and has breached my personal data! I also have not been paid a single penny today on my wages. Nothing. I am now unable to make rent and again exacerbates symptoms of PTSD. I also didn’t receive a copy of the contract, despite asking. what can I do here?
  2. Anybody else had something similar?? My small building company had a bit of a cash flow problem so we decided to sell some land. We had a site on the market with local estate agents for £750K, 9 years ago. Barclays insisted, and I mean INSISTED, we place it with a company in Leeds. They were reluctantly employed by us as estate agents in June 2007. By July 2008 they hadn't even placed a 'for sale' board outside or advertised the land in any way, despite angry calls from me. 13 months of doing absolutely nothing, and in which time, our debt to Barclays had increased by over £75K. Due to no interest in the land, not surprisingly as it wasn't advertised, Barclays called in the debt and appointed the very same man from the very same company as Receiver. After lots of arguing and highlighting this guys dodgy dealings, the Receiver resigned his position and we were given control, not ownership, but control of our land back. It has cost our family approx £1.3M as a whole, and although I keep complaining, Barclays insist they have done nothing wrong. How do i get the truth?? Constructive Liquidation I have called it. Anybody experienced anything similar??
  3. Hello all I'm sorry for requesting assistance, but I have a situation which is making me lose sleep. in 2015, my company announced it would be buying another company, and the deal would close in March 2016. In Feb 2016, my manager at the time told me that following the deal, she would no longer be my direct manager, but would be a key stakeholder. My reporting line would change. Immediately after that call, I had a call with a lady who I was led to believe (and still believe will be) was to be my new manager, and she was coming from the acquired company. We discussed a role she had in mind which was of a similar level. We had a few email exchanges in March as I tried to clarify a few items, and the deal subsequently got delayed until June, then July. I have written by email and tried to call this lady for an update on my role, but I get absolutely no response. I know she is in her new role now, but I am still left hanging on. My old manager who I still have 1:1 with, recently advised me that the plans she had seen show that my new role is actually at a level below my role when I reported to her, but she assures me there is no change to my terms. I have again this week asked by email for an update as I am already being given more work from other stakeholders, and I know the top line manager for my department is aware of this addition of duties, but still neither he nor the "new manager" are responding to my requests for clarity on my future. I do suffer anxiety and take medication for it, and maybe a side effect is paranoia, but I am sensing that they are delaying telling me of my new responsibilities, just to make me desperate and grateful for any job they give me. As I have made repeated requests, and had no response whatsoever, not even a "sit tight", I don't feel I can trust the manager who would sit on the other side of the Atlantic to treat me fairly. Is this a good case for constructive dismissal? I cannot see a future now with the company. Thanks in advance for any assistance on this.
  4. Last Wednesday, completely out of the blue I was called to a meeting at my HO and told that due to restructuring my job is at risk, the company produced a settlement offer and has given me a week to think about it (unlike 10 days as in ACAS guidelines) They refuse to announce the nature of the restructuring, just that I don't fit within it and if I decline the offer then I have been told in no uncertain terms that I will be made redundant and end up with less money than they are offering. Although I don't know (and probably never will) I am almost certain based on noises from the past few months that the restructuring involves paying off half the people that do my job, and then replacing the job of the remaining people with a new one with a bigger remit to cover the loss of those of us that are gone, and they are doing this entirely arbitrarily without any due process or allowing me to reapply for the new job. Given that there are already a small number of people doing this bigger remit job, and they have always said I would be suitable to do this if the opportunity gave up, I believe I am being constructively dismissed, and they are relying on the fact that I won't be able to claim that if I accept the offer. A few hours after the meeting I sent an email to the people that were in the meeting (my line manager and her line manager) asking firstly for an extension of time to consider the offer, secondly for a fuller explanation as to what is going on and why I won't fit into the restructure, and thirdly asking if they will revise the sum offered. I did stress that I had not made any decisions and nothing in the email was intended to constitute a decision or limit my options. That evening I got an off the record phone call from my line manager stating that I shouldn't have done that, I should have just taken the money and because I am seen to be arguing with them they might now just withdraw the offer and make me redundant. Can they do that? I thought if the offer is open then it remains open until the window closes or I accept/decline it. Negotiation and asking for an explanation is surely not declining it? I also don't think they would be that stupid, because if I stay I will get to see what they are doing and retain all my employment rights including the right to take them to a tribunal. I ask because I have now been offered another (better) job and if they want me gone I'm just happy to take the money at this point!
  5. Hi there everyone, I have my friend that worked for the last 15 years within the same company. He transferred himself from one site to another as he moved home but under the same Optician company. Anyway 2 months ago there was a new Manager taking over and the problems started. 1. He asked the new Manager to leave 1 hour early from work 2 days ago as he had a problem at home to sort out but he did ask the Manager 5 days before. The Manager did leave a note to close the shop at 16.30 but he did request that he needed to be out of the shop before 16.00. To mention that the shop closes at 17.30 every day. Anyway as he did not see him at all anymore since the day he asked and being left alone in the shop (Optician - high street) for many days which I believe it is against the law, he is now faced with a big disappointment almost every day - and it does sound to me that it is Constructive dismissal case as he received a letter from new Manager saying that as he left the shop at 15.45 the day he asked for he has to sign a letter written without any legal merit that he has failed to tell the Manager - which is totally a lie. 2. He asked and booked before (7 months in advance precisely) the new Manager arrived for holiday but the Manager says that he does not agree with it. 3. The Manager said that any employer is not allowed to toilet break....what kind of sick person is that to say that??? 4. Also the Manager said that my friend has to stay every day after 17.30 when the shop is closed but as he has family he has to be at home as soon as he finishes. Also there is no extra pay for any extra hours as well 5. The Manager does not like my friend at all as everything he has to say he is cut from any reply or opinion by the Manager. 6. Manager said that he is cutting from salary for any 15 minutes being late at work. What do you think about all this??? Does he have a Case here??? And if so what and how shall he start? He did say that he wants to give his Notice but I did mention that once he does it he can not do anything else after. Is it ok to give his Notice following the Constructive dismissal that Manager is bumping into him or he can do anything once he is still there. Maybe an employment tribunal??? Thank you, dd
  6. Hi All, I have reading a lot on this forum to get some understanding. I was hoping that i would get some advice regarding my case. I was employed for well over a decade by my employer and found myself having to resign and put in a claim at the employmlent tribunals. My hearing date is in few months time and is over several days. I am representing myself. My exployers are a fairly big organisation. There are moments when i feel what on earth am i doing by taking on this huge stress but then when i remember the treatment i know that i had no other options but to take this action and to fight for my rights. I am going to the hearing with the view that win or lose i will not have any regrets years later of why i didn't fight for my rights. I do feel i have strong case but you never know. I am preparing for the hearing. To date the respondents have never shown any sign of wanting to settle out of court. I don't know wether it was foolish of me but i thought just because they are not entering into dialogue there was no reason why i shouldn't make a move. So i sent an offer that i would be happy to accept as a final settlement. To date no acknowledgement to that email offer. I was just wondering wether i should have put in a specfic date which they should reply by. Considering the size of my total claim i felt it was a reasonable offer for this stage. I would not be happy accepting this same amount as time progresses and i invest more time and effort. Any thoughts or advice?
  7. Something very serious is about to happen for my husband with his employment and we really need some advise. He has worked for a large, high profile company for 10 years now and loves his job. He has never taken time off sick apart from the odd day, no more than 10 days in the whole 10 years and has never had any work issues such as any disciplinary action etc. Everything was fine until about five months ago when the company brought in a new manager for the sales team and my husbands position was altered. He took on his new role and performed well. There were rumours that this new boss wanted to replace the sales team - he wanted to bring in people he had previously worked with. Anyway, he started to micro manage, picking holes in everything my husband did and making his life unbearable. Things came to a head at the beginning of December when my husband had lost so much sleep with worry that he had to see his doctor, he was signed off for two weeks with work related stress. On Friday 18th Dec he was called into the office for a meeting with this manager. A member of HR was present to take notes. He was basically told that the company didn't think that he could handle his job anymore and that they were going to put together a severance package to pay him off and that he would have 10 days to accept. They said that if he refused the package he could still return to work but not in the same roll. We believe that the offer will be very small so that it will be rejected forcing my husband to accept another roll within the company but in the same team, in other words he will still have the same boss who we think will then start disciplinary procedures which will lead to the dismissal he wants. My husband is nearly 60 so will find it almost impossible to get another job, especially with this type of thing on record. We thought he'd be with this company until retirement. I think my husband needs to see a solicitor but he is reluctant to spend any money knowing he'll soon be out of work. I don't know very much about this sort of thing but it sounds like constructive dismissal to me, can anyone help please?
  8. Hi all! I'll try and keep this short! Basically, I started my job 23 months ago. At first all was fine (isn't it always?) However, over time, various issues relating to the general management of the company, mid-management appointments, etc, started to cause me concern. Over the last year I have felt it necessary to point out certain things, to both fellow employees and my superiors. Even though this has been very minor, and just comments made, I think they now see me as "disruptive", maybe? Anyway, to the point. In mid December, a guy who was supposed to be the manager of the project I'm working on was basically wasting my time (again!). I was flustered, under pressure, etc, and, being honest, I was exasperated by him, so I told him to "f-off". He told me "you f-off", to which I responded "f-off back to Iran". Now 20 minutes earlier, me and a colleague had been discussing the guys unsuitability for the position, and how he was basically an Iranian national who was (so we've been led to believe) a journalist / blogger. Not an engineer. I was basically saying to him to "get out of my hair and go back to what you are best at", sort-of-thing. He walked out of the room and there were no further exchanges. A few days later, I was given a letter saying that there will be a disciplinary hearing early in the new year, about my racist remark. Immediately following this, I went to see the guy, asked if he had lodged an official complaint (he hadn't, apparently), we shook hand, we're fine with each other, and have moved on. The management (fyi, the dad is the owner, his partner is another director, and his daughter, in her mid 20-s, with no qualifications/ workplace / managerial experience, is a director and my immediate boss, I think?) have decided to go for the full disciplinary hearing route. As there have been several incidents between other staff, including the senior management, including what could be classed as violent conduct, and no hearings have been deemed necessary for those, I feel I am being victimised. The "proper" route to sort the issue would obviously have been to sit myself down with the daughter and the Iranian guy, talk through the events, stress that my comment was not acceptable, etc, made sure that the two of us were cool, and that there would be no repeat, and move on..... All very simple, informal. This process was not followed, however, so basically I think they don't want me there anymore (for whatever reasons). The project has been completed: they could have made me redundant instead? My feeling is that they are going to sack me next week, and basically, do I have any rights? I mean, it is blatantly obvious that they are trying to get me out, and the fact they have made me feel as unwelcome as possible in the lead-up to xmas, and yesterday suspended me on full pay till the hearing on Friday just reinforced this. The shop floor culture is one where swearing is commonplace (the daughter is probably the worst offender), so it cannot be said there is "zero tolerance", etc. I have had no informal or formal meetings about racism, my general performance, insubordination, etc, during my time there. They may issue me with a written / final written warning (which I could accept), but I feel they're going to fire me. Do you think this is right, can they get away with it, and what can I do about it if they Do fire me. Sorry for going on, but its a crappy situation.. Any advise welcomed.
  9. Hi all, Hoping someone can help me here.. .unsure if I can claim against unfair or constructive dismissal due to the timeframe etc and am seeking advice on what to do and where to go so here goes.... I dismissed from an employed back in August for what they have described as gross misconduct. We worked in a sales environment and from their side they believe myself triggered a commission payment to a junior member of staff deliberately. I did not accept this claim and they dismissed myself but was however offered a lower ranking position where the salary was 5K less and due to the commission I had from my role would total 15K less per year if accepted. There was other incidents in the office where people had done the same and never been penalised and feel this was mainly due to the fact I had 3 weeks off. Senior members of staff including my line manager often let us change "files" into other members of staffs names to ensure they hit target so to me this was quite the norm. We worked in a heavily commissioned sales environment and quite often were tasked with doing junior members of staff roles, telesales etc and this impacted heavily on our commission also. In the May/June I was signed off sick by my doctor for stress and anxiety due to work and a marital split and was continually told by my friends who I worked with/colleagues that if I did not return to work after being signed off I would be demoted on my return. I decided to return after sick leave and was then confronted with the fact my targets were now increased (along with 2 other members of staff) over and above everybody else in the office and having 3 weeks off I was never going to hit these targets and miss out on significant commission payments. I was offered a lower salaried position but declined for financial reasons and the fact I had time off sick and was now even more worried about my job and home etc and felt due to this claim being brought against me I had no choice but to decline their offer of employment and to leave. I worked for the company for 3 years but had 2 breaks from the employer, once in year 1 after 6 months and after 20 months for various reasons including the company threatening to withold commission payments. Any more Q's please feel free to ask - I know I may have missed the deadline to claim but this is now impacting me on future job applications Any help would be greatly appreciated. Thanks
  10. Right, where to start. I work in a security department of 20 people. 10 in my department, 9 investigators above us and one director. In my 10 there are 8 at the lowest level, with a lead figure and a head of department making up the 10. There are 6 investigators that have 2 managers and a head of investigations making up the 9, and then of course the Director. It is a very large firm and the security department has a very good reputation nationwide. However i believe that i have a rock solid case against the company for discrimination and constructive dismissal and need advice. A colleague at the same level as me was invited down to the security office and shown to an interview room. In this room he saw a tape recorder. He immediately said he wasn't happy with this and the head of our department of 10 said don't worry its just a talk and i need to be seen to be managing. He then sat my colleague down with one of the investigators and then reeled out 7 allegations of which five were considered to be Gross Misconduct. As you can imagine, my colleague was distraught! He had been an employee for five years, was very good at his job and was terrified of losing his job. The next day he called in sick and was signed off by his doctor for 2.5 months with stress. He was even referred to a psychiatrist. He was living with me as a lodger at the time of this happening. He had told me what the allegations were and i knew that they were all very shaky and that they were trying to manage him out. When he came back to work he was put on shorter hours and everything seemed fine, then 3 days later the company then suspended him on 5 counts of the 7 original allegations. He decided to fight the allegations and spent weeks on his defence whilst on suspension with pay. He also decided to make a grievance of his own against his manager, the lead security guy in his department and some of the investigators. Some of the grievances could be seen as whistleblowing. The HR department started an investigation into these complaints from my colleague and nearly the whole directorate, including the director was called for interview as a witness, or in some cases part of the grievance. I was called as a witness to one of the alleged whistleblowing incidents. I gave my evidence and also answered their questions. The next day, my Head of department had to be interviewed. He had then heard the allegations against him and because two of the events involved me at the incident he has decided in his head that i was responsible for trying to take him out. I was more than a little worried about what was going to happen after he came out of the interview as he is not a small guy and 3 of the allegations against him were of a violent nature. So without thinking i decided to place my phone on record in out restroom, which is shared by the investigators, whilst it was charging, and then went back out on my duties. I finished my shift at 7pm. My manager had already left when i came down. I took my phone off charge, stopped in recording and went to get my train home. I put on my headphones and started to listen. The first twenty minutes was silent and then my boss came into the restroom after his interview. He was very angry. He started talking to two people in my team. He was calling me all the nasty names under the son. He told a colleague he could easily put knife in my f***ing heart. My colleagues then started to suggest ways he could get me back. One even suggested sexual harassment. He then told them what i had said and openly admitted to the allegations to them but told them he denied everything. He then said he would start getting me and maybe tell a few lies to get me kicked out. This was said over the cause of the next hour with 7 of my team and 3 of the investigators all involved. All of this thankfully was recorded. I then didn't go into work the next day and contacted the HR department that is not located at my place of work. I had not slept that night and spent 6 hours with my girlfriend transcribing the incident with her in tears whilst we did so. I took the transcript to the HR department and read it out to them under recorded conditions. I also gave them a copy of the audio. They took it and told me to get some rest and that they would contact me later. The next day they told me they had spoken to my boss and he was very remorseful, i told them i was going to contact the police because of the threat to kill and i did so. HR told me that my boss was spoken to and was currently not in the business. They also said they would be investigating the other people in my team. A week later i was told by HR that my boss had resigned so they were confident i could return to work. I told them that another 10 people were implicated and compromised in the recording and i did not feel safe at all. HR then said we are investigating these people and repeated that they were very confident that i could return to work. I told them i did not know where they got their confidence from and that i would not return to work until they had finished their investigation. I then got my doctor to sign me off work for 3 weeks with work related stress. During this 2 week process i have had little or no sleep. i have been on edge because i fear reprisal from my know jobless boss who had threatened me just for giving evidence against him. My whole team were conspiring with him to get me not just sacked but with the sexual harassment claim, a criminal record, and three investigators were keen to help him. So this is where i'm at now. They haven't spoken to me for over a week now despite me asking them what is going on via email. I would like some advice on what my next move is..... I did love my job. I have been there for 7.5 years. I know my promotion was blocked on a few occasions and the last 3 people to be employed at my level, i helped train and they all became my boss. I did put in a grievance about this to the head of investigations 6 months ago and the whole directorate knew the following day. I genuinely believed the way i was treated that it would've been myself that was suspended but they chose my friend. I defended him and told the truth when i was a witness. The boss had already admitted the allegations against him on my recording, but now i feel as i cannot return to work, i feel my company are largely ignoring me and if i was to leave i would be taking a £10,000 pay drop in the same job role as my current employer pays very well. I don't know what to do next....
  11. Dear all, I am currently filling in my ET1 form which needs to be done in next week - ahhhh the stress of it!! My case is very long but involves disability discrimination - stress anxiety and bullying and migraines and constructive unfair dismissal (last straw) and breaches of contract and failure to follow grievance procedures etc etc How do I word this on the form? - do I just say I was discriminated at each of the points I feel I was even though some are back in time although all part of same Sorry for the lack of detail but too long to explain all. Also ref teachers pay and failure to give a pay rise for five years even though in contract is a breach of contract but how would this be worded? Thanks for any advice.
  12. hi everybody, can anyone help me? I am a milkman, working four nights a week and collecting one evening a fortnight. I was told last week that some of the rounds were losing money and that the company were going to have to make some changes, but they definately wanted to keep me on. have worked for the company for 11 and a half months. I have 2 daughters and sometimes struggle with childcare when I am collecting until my wife gets home from work. I was called into the office today and told I had to take on a different round which is 6 nights a week delivering and collecting 2-3 evenings every week. As I can't do the collecting 2-3 evenings a week, I had to leave. I finish tonight and they have offered me 1 extra weeks wages. Is this constructive dismissal? thanks, an ex-milkman.
  13. Hi, Please can someone advise me on where I stand on constructive dismissal. I have worked for a large electrical retailer for almost 5 years and today I walked out as ultimately I can not work for these people anymore. I can no longer deal with the micromanagement and emails sent at unreasonable hours demanding replies on why my colleagues and myself were not hitting company wide targets on extended warranties and accessories which in truth customers didn't always need or want. I can no longer deal with my pay being constantly wrong, The managers excuse "I send the rotas out every week", when i went to him to tell him it was wrong, he said "he would sort it". This has now been going on 3 months. I can no longer sell services that fail, I myself have went out to my customers houses no less than 20 times in the last year to fix problems that customers had paid "so called experts" to do. I done this in my own time and didn't charge or expect anything in return. I don't want to work with my pushy colleagues (telling customers they need things they don't require and pressuring them into things that would only ever be a what if? as they are scared of the threats and repercussions of the manager should they not sell these items) I am also fed up of the theft of personal items from the staff room (only little things such as food, toiletries) but this gets brushed under the carpet. I also recently got signed off from the doctor for suffering depression caused by my workplace, I could of been signed off for a long period of time but I returned after a week ( no return to work interview was scheduled or nothing was done to facilitate my return) I also hurt my foot in the workplace and still suffering problems with my achilles and was struggling with mobility but i was asked to walk across the shop floor (100 metres +) to place a piece of plastic on the edge of a shelf. All these things has contributed to me walking out today as i don't want to suffer with threats any more if i don't sell services that 99% of the time fail. I have hundreds of emails as evidence with some including threats on what would happen if we failed to sell these items. Thank you for reading and any help would be greatly appreciated.
  14. Hi Guys, after some advise, my company has just lost a major contractor to another service provider, I am 100% aligned with that contract... as the contract manager, I am being told that the new company have just employed a new contractor manager to do my job.... they haven't even met me yet, I'm not sure they have even received all the details from HR. there would be no work at my existing employer, so this could and probably will make me redundant, surely this warrants constructive dismissal, any advise would be massively appreciated. thanks in advance.
  15. Greetings to everyone! I have read some very helpful threads on this forum on constructive unfair dismissal (CUD) in preparation for my own case. I am keen to share my ongoing case so that, hopefully I can get help and support from you guys, and at the same time, other people might find my experiences with ET useful. Some basic info first: I had been employed FT in a uni in Scotland as a lecturer for over 7 years. I had to resign from my job in Feb 2013, essentially due to bullying by my Head of School aggravating my stress/depression, and the failure of the snr management to deal with my allegations of his bullying and refusal to adjust my contract despite medical evidence. I filed a CUD case on 22/5/13, and currently a case management discussion (CMD) is scheduled for 22/8 - only one day away now! Fashioning after one of the previous cases found on this forum, I have prepared an "Issues for the court" doc as follows: -- 1) Did the Respondent breach the implied term of “trust and confidence” in: a) Failing to consider my health conditions when dealing with my request for 50% contract change, both in May/June 2011 and August/September 2012? b) Failing to make reasonable adjustments to my contract given my medical conditions? c) Failing to follow internal procedures when dealing with my allegations of bullying by my manager? d) Failing to follow internal procedures when conducting a disciplinary investigation against me? And if it did: 2) Was the claimant constructively unfairly dismissed as defined by the Employment Rights Act 1996 section 95 (1) c? -- Of course, the above only provides a glimpse. I will try to provide more details later when I get time. But in the meantime, I would appreciate any opinion whether the "Issues" above appear more or less at the right level of details. b) might appear to be repeating a) but it does highlight a different aspect ("make reasonable adjustments"), or am I reading too much into it? Any comment is appreciated - thanks in advance! AG
  16. I am due to leave my employment and want to file constructive dismissal or/and discrimination. Can I represent myself, if so, how do I find out the way to proceed? Can anyone help me?
  17. I would appreciate any advice on behalf of my 19 year old son, briefly: He is an apprentice, has been trained in any skills, used as a labourer. Has had his days cut down from 5 to 4 Was told he had a disciplinary meeting 2 months ago it was cancelled at 15 mins notice, told him it would be rearranged but it was n't , he has had this hanging over him since then. Was using company van told to hand keys and sat nav back, and had to travel about 8 miles to a job ( he is an apprentice joiner) He says its making him ill and cannot face going back, Has anyone got a suitable letter template for this? Thanks
  18. Hello I recently started working for a local company and have come across a few issue I started working at my current employers on 2nd October 2013. During which time a formal contract has never been drawn up for me to sign. I started the job after the staff their jokingly told me how the previous employee had a 'meltdown' and left. The joke was that 'A' the accountant and her always argued. Within my first few weeks various small amounts of training on sage and accounts was given but nothing substantial. I report to the Sales Manager and as such voiced concerns to him which he agreed with and said he would address. Further issues have arisen between me and 'A' as he a very rude man and expects me to do a role which i was neither hired to do or have been trained adequatly for. I have also voiced these concerns to the sales manager of which he told me not to worry about I have tried very hard in this role, staying back late and coming in one saturday to catch up on invoicing after being out driving (which i was not hired to do) the day before. There was a meeting around 3 weeks ago between 'A' the sales manager and myself to ask how i felt i was progressing, again, i voiced the same concerns which was agreed id get help with, these changes have not happened. Today i overhead a conversation in another office on the fact that 'although im a lovely girl, they don't think i can do the job and then discussed what to do with me, including giving me a paycut' No one apart from myself and my partner knows i heard this I did not take this up with anyone, however this evening when i got home and looked at the online job situation, low and behold, there is my job role advertised with the same pay... Everything the same. I feel terrible, no one has spoken to me about this. I have not had the extra training or changes i was promiced ie not being left in the office on my own while the sales manager moves house and now they are advertising my job after everyone has been acting nice this afternoon. What do i do? I need this job but i feel like i have been made a fool of, do i even go in tomorrow? Please help and any advise on where i can go from here? thanks Mia
  19. Hello All, I am really looking to make sense of all of this so constructive and factual feedback is what i would value... I work at a construction company as a site based manager and have been there just over 6 years to date. Back in April `11 i was suspended and subjected to an investigation and disciplinary hearing over an incident that happened on my site at the time. A member of the senior management team, the head of the department that i was part of, had become exceptionally attentive towards a female member of staff that was part of another department. As time went on it was clear that their main priority whilst at work was to be with one and other. He would follow her to the four corners of the region without any credible need just to be in the same room as her and for her, the attention from a very influential senior manager that had the ear of the Directors could do wonders for the career advancement she clearly desired. for the staff that looked on, this was mildly amusing at first. To see a middle aged man chase a woman that was 10 years his junior when she had suggested prior, that men 10 years her junior where her preference, was quite pathetic. He had an infatuation, and she a career need for his influence. Unfortunately as the months rolled by with the whole relationship escalating, results started to slip to a very noticeable low. Little or no attention was being paid by either party to their staff or to the business. He had now left his wife, purchased a yellow Porsche, lost 3 stone in weight and started having tattoos! She had assumed an unbelievable amount of self importance with the new found `power` that was made available to her. Although i had got on and won the respect of the senior manager since joining the company, i had seen her for exactly what she was, and in return she had completely seen this. At best there was a little frost in the room that we would be in, no chat but no altercations. Since joining the company i had always been selected to do the more complex, lager projects and welcomed the challenge and recognition of this. On several occasions i had been removed from smaller projects and sent to set up and manage the flagship ones as they came on line, being replaced by an `equal` to complete the smaller project i had started. This was then the case back in April `11 and i was given one of our management trainees on a 6 month placement to shadow myself and learn some of the site based sides to our business. She arrived one morning and confessed to me that the a fore mentioned woman was going to move her early and that i was not under any circumstances to be told! Personally, it made no difference to me having a trainee or not, but the underhand manor with which the trainee was being removed and the willful wrong doing and damage to the region centered around this woman, now did. An hour later the woman arrived and the friction between the two of us was very clear. All unspoken but very evident. Right on que the senior manager arrived after her and came into my office. I closed the door behind him and asked him the reason for the secrecy in moving a junior member of staff. He denied knowing anything about it. I then went on to state my opinion of the woman he was fascinated in in no uncertain terms stating that i could not be in a room with her and that i could see her for what she was. He became very red faced, quiet and played the whole thing down. He disappeared and was seen in the meeting room in deep conversation with the woman alone. After about 15 minutes a member of staff came into my office and stated that the woman `would like to see you in the meeting room`. I completed what i was doing, dealt with other members of my team, as the request was repeated twice more, then proceeded into the meeting room where the the two of them were huddled together. They parted from their intimate positions and she stated `i believe you have a problem?` `Do you have something to tell me regarding your trainee?` was my response. `I speak to people in order to the respect i have for them` was her condescending reply. This was infuriating to me and i responded `i can assure you that whatever respect you do not have for me i have significantly less for you....and do not speak to me in that tone !` With this i stood up and stated that i was not listening to anything else, returned to my office, gathered my things and left the site. I returned home to diffuse a situation and remove myself from a potential flash of emotions, from either party. The following day (Saturday) i received a letter from the senior manager stating that he believed i had told a member of staff that i had resigned and that he wished for me to confirm this to him. This was not the case. I telephoned him at 7 pm of that evening to talk about the problem. He was slurring his words and appeared to be drunk (no big crime on a Saturday night) but was clearly not impartial. He stated hat he did not know what to do and would pass this over to HR. I stated that he should do so as he was not impartial and that he should step away from things. I arrived for work on the Monday looking to address the matter at some point. My line manager arrived, immediately followed by the senior manager. They came into my office and sat down. The senior manager stated that the matter between me and the woman needed to be sorted and that i should return home until it was resolved. I was shocked and asked if this was a suspension to which he replied `yes`. I left site without question. After about a week off work, i was called in to an investigation hearing at our head office lead by an office manager whom i had no dealings with prior, and the office manager from the regional office i worked out of, whom i knew quite well. He was a known acquaintance of the senior manager who was fully aware of the now `affair` who`s house the senior manager later went to live at whilst separated from his wife as mentioned earlier. How very impartial!. After about an hour, with various statements being read to me and my responses being noted, the first and impartial manager looked directly at me, took off his glasses and stated `i don't know what we are doing here.....i don't know what you are doing here...?. I stated in response looking directly at the second manager `you do don't you....you are fully aware of the missing piece of the jigsaw that makes sense of all of this are`nt you?` He colored up, looked down at the table and did not respond. The investigation hearing concluded and i returned home. I was confident that there was no case to answer and that the whole thing would fizzle out. I was very conscious that results were poor, the industry as a whole was in recession and redundancy was in the air. I did not feel a `gloves off` battle was in the regions best interest and that as the relationship between the senior manager and the woman was common knowledge to all, this would amount to nothing. However, i received a letter stating that the matter was proceeding to a disciplinary under the `dignity at work policy` that the company had as i had verbally abused the woman in the meeting room and used threatening gestures (which later transpired to be a flat palm raised in a `stop` motion six feet away from her. I never shouted , swore or raised my voice to her. There was nothing to suggest otherwise in any statement from any party. It is probably worth mentioning that the last two Christmas parties had ended in fights between members of staff. The first instance two women had to be separated, one of which was the newly promoted HR administrator with a managers PA, the second was two site based managers, one of which was hospitalized. Both of these situations were investigated, no suspensions took place and no disciplinaries took place. With this in mind, i felt i was being harshly treated. After now being suspended a month , i was invited to a disciplinary hearing at head office with the standard correspondence stating that the outcome could be summery dismissal. On entering the building i came in contact with the regional Director who greeted me with a warm handshake and a smile. `Not seen you in a while` he stated with a beaming grin on his face. I rolled my eyes and asked `what is going on here, i have done nothing wrong`, to which he replied `go in there, keep calm and i will see you next week. You are the best at what you do and you are going nowhere!`. He shook my hand again saying `we have never had this conversation ` and walked away. Again, another person that was aware of why this had happened to me? I sat in the disciplinary which was held by the first office manager (the impartial one) and another member of the senior team. In light of the conversation i had just had, it was farcical how serious they tried to make the matter. To their credit they asked me to tell them, taking all he time i needed, why i thought this had happened and the `missing piece` comment made in the investigation hearing. I told them my complete version of events, the affair and that i had got between `a dog and its bone` by speaking out. I was thanked for shearing this and asked to leave the room whilst they conferred. I returned 10 minutes later and was asked if i would accept a written warning and return to work the following week, with he condition that i apologize to the woman. I had been suspended for a month, the housing market was depressed so i grudgingly agreed to put the matter to bed, a decision that i regret to this day as my account of events had never been took into consideration. I returned to work, offered my shallowest of apologies to the woman and then sat down to talk with my line manager, as the senior manager was mysteriously absent.I was informed that i was being removed off the flagship site and replaced by a manager on the same grade as me. No explanation was given as to why. Within 1 week on my new site i was in contact with the woman regarding a trainee on the site. The fact i had been taken off the flagship site did not mean that we would not come into contact with each other. I had to interact with her and many others as part of my role, so why remove me, what was the reason? I was now on a much smaller project that did not challenge me, nor did it require a manager at my grade and salary. I felt pushed out of the way and any attempt to speak with my line manager about the whole incident was ignored or brushed aside as he was not about to question the senior managers decisions and actions. There was clear wrong doing but he was comfortable with this as long as it did not affect him personally. The flagship site i had left took an immediate nose dive. It lacked drive, direction and had become an embarrassment to the region. The client had lost all confidence in our company and had expressed their disappointment at director level. Every single member of site staff had been transferred to the sinking ship, frantically trying to `put out fires` in response to the clients comments and disappointments. I was regularly contacted by members of this team and told about the chaos that the site has fallen into disarray, and how lucky i was not to be there. The manager that replaced me in the first instance was known for his untidy and quite chaotic approach. He had since complained of feeling unwell at work culminating in an ambulance being called to remove him from the sinking ship and to hospital, where he was treated for stress related complications. He remained off for several months with yet another manager of the same grade taking the helm, but with no improvements. The site i was on had come to a satisfying end, with myself and other members of staff wondering if i would be sent back to the flagship site to try to turn things around. How embarrassing if the unfair treatment of myself had lead to the collapse of a prestigious site to the tune of several hundred thousands of pounds, not to mention the irreparable relationship between our company and our client. Instead i was left in limbo with no site to run and seemingly not allowed back onto the site that i was removed from that needed help the most. I visited maintenance issues that did not need my attention over the next 2 months, with days that i never left home as i had nowhere to go and was never asked of my whereabouts nor told to report to any site. Seemingly put out to graze. I eventually took myself to another struggling site and struggling site manager and lent my assistance and support. When asked why i was there by my line manager i responded `where else do you want me to go?`It is worth mentioning that the manager on this site had gone through crushing bullying and victimization over the past 18 months by the senior manager and our line manager, in an attempt to `hound` him out of the business. He was signed off with `work related stress`, a broken man, but did eventually return to work. Another instance that was never referred to or addressed by the company, albeit common knowledge that he was being treated unfairly. That particular site yielded losses in excess of 1 million pounds. By March 2012 the relationship between the senior manager and the woman had fell on rocky grounds. His behavior was erratic and he was quite an embarrassment to the region, exploding in temper to those around him or bursting into tears in management meetings. The woman had begun a relationship with another member of staff, more on her career level and not surprisingly 10 years younger than her! The senior manager, by his own admission, was now on anti depressants, had returned to his wife and the two of them were going to marriage guidance counselling. She is to this day unaware of the affair. An announcement was made in late March 2012 that the senior manager was being sent on secondment to another region with immediate effect. He was going for 3 months, though this may be extended, but the door was always open for his return. As there are very few kept secrets in the region, it became evident that he was removed without return and had fought against dismissal. There were rumors of a letter sent to the company MD detailing his antics over the past 2 year prompting this action against him. I was told this in confidence by a member of staff that he kept in contact with, stating that he thought that i had sent the letter in response to the actions he manipulated against me during my disciplinary as i `never got over it`. Earlier this year, another member of staff was going through a disciplinary for his alleged actions towards a female member of staff which was being conducted by the `friendly` office manager towards the senior manager. During the proceedings the member of staff complained that the office manager was aware of far worse offences within the business committed by the senior manager, and that he had kept quiet condoning the behavior. He requested that he was removed from the disciplinary as his opinion was not impartial. The member of staff then went on to detail the past antics of the senior manager and stated that he was being treated unfairly in comparison, as the business had been aware and tolerated far worse behavior than he was being accused of, and by a far more senior member of staff. The office manager was removed from the hearing, the complaint about the senior manager somehow got to him in his new region and he resigned with immediate effect! Late 2012 i was visited by our director mentioned previously and asked to run a huge, high profile project for our region. He stated `the project you left fell apart and i`m not letting that happen again. I do not want any of the other site based managers running it`. This was an embarrassment to the line manager and the rest of the senior managers `in crowd` as against all odds, i remained in the region and he had been removed. They had backed the wrong horse! The Director was replaced along with another senior manager, two decent and professional people. My warning has been removed from my record as it has expired. The woman is so attentive and sickly nice to me that she would probably sew me a button on my shirt if i asked her to! I was even invited to her wedding! What i cannot get past is that despite my committed service to the business, i was allowed to be victimized, suspended and disciplined whilst the company knew that there was an ulterior motive as to why this was being done and the fact remains that they allowed it to happen. Since July i have raised the matter with my new senior manager, who from the first word stated that he was aware of the problems i had been through. I have repeatedly requested that he sits down with me to discuss some sort of closure to the issue. I informed him that i am being treated for an ulcer that my doctor has stated to be stress related, that it affects my home and family life constantly going over the whole matter. I have stated that i have seen enough damage done to the region by peoples inappropriate actions and have no intentions in adding to this, and that i cannot turn to my line manager nor HR for support as they were both fully aware of the unfair way i was treated and fully condoned it. I have stated that i have been close to submitting a grievance to the new regional director to force someone to talk to me about it, but would much prefer an unofficial approach. For the last 3 months the senior manager has stated that this is to be addressed as it may lead to me deciding to exit the business adding that this was not what he wanted. I have repeatedly asked for a face to face discussion to assess how to bring closure to the problem, but he has requested that i put the whole thing in writing so he knows what we will be discussing? I am mindful of where that email will end up and don't see the point of it. He has already stated that he was aware of the past issue and we have briefly spoken of it too. I have good days and bad ones. No part of my job causes me to loose any sleep or undue stress. Many people within the business who`s actions and inaction's contributed to my troubles have now gone, but i cannot get past the thought of another `ambush`, steered disciplinary and who knows what happening to me again without good reason. I do seem to be treated with kid gloves most of the time. An extra days holiday - no problem, a strong say in the operational side of things perhaps above my station - always. I have no idea if the company would like me out or if i am a valued member of staff Do i push to have closure to a 2 year old problem by means of a grievance? I am a union member who state they will accompany me though i do not take this option lightly as a member of management bringing in the union against the company will not sit well as you can imagine. Do i try to bring closure to this alone. To date i have not been able to.
  20. Hey , I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed that wrongful dismissal is more inline with my claim. So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for? What can i do Carl
  21. I have been full time employed for the past 20 months as an office worker. The first 12 months of my employment went relatively well as I was an absolute beginner and had never worked in a similar role before. It was not until I started to gain confidence and ability to do my job unaided the problems started. My line manager would pick up on every little thing I had not completed to their satisfaction. Then gradually things got worse as my confidence grew and I started taking on new tasks. My manager would obstruct me at every possible opportunity and never ever gave feedback when I had done something well. These relatively minor things built up until it started to have an effect on my health. I have suffered from a mental health condition since the age of 16 and had notified my line manager of this during my probationary period. I was having to take time off on work leave, visits to my gp were more frequent and eventually my medication was increased. All attempts at excelling within my role were obstructed by my line manager at every possible opportunity. They became a bit of a jekyll & hyde character, acting all sweetness and nice to your face most of the time, but present any kind of alternative argument on something, or probe them and something and the switch was instant. My manger became loud, aggressive and intimidating in an instant and usually for very minor things. This is all having more and more of an impact on my mental health and I am having to take more and more time off on sick leave. Eventually my Dr prescribed some anti anxiety medication after one particularly vicious verbal attack from the manager of my line manager, which result in me having a full blown panic attack. During this period my father passed away and following his death my family became particularly nasty towards me. Obviously this too had a big impact on me, but I made my manager aware of the situation and what was going on. The Jekyll & Hyde split personality in my manager is becoming more apparent as despite everything that is going on I continue to excel within my role and am now having a significantly positive impact in my role. Any and all attempts at making decisions for myself, acting on my own initiative, taking on of tasks outside my responsibility are now being met with an extreme and adverse reaction from my manager. Their true character is coming through now and the office has become a very uncomfortable place to be. I tried talking to my manager about their behaviour and this had exactly the opposite effect as to the one I had hoped for. The bullying, abuse, insults and jumping on any opportunity to put me down at any opportunity is now common practice. Things got so bad that not knowing what else to do I submitted a formal grievance, the outcome of which was no case to answer, your manager has done nothing wrong. I then submitted an appeal against the grievance outcome which was allegedly investigated and subsequently rejected. During the grievance procedure my employer requested I go for an independent medical assessment which I agreed to. The report diagnosed me as suffering from severe anxiety and stress caused by the situation at work. Of course my employers did not like that and are now trying to have the report amended. As a direct result of my employers refusal to even admit there is a problem, let alone do something about it I feel they have effectively given my manager catblanche to treat me and anyone else in their team as they see fit. The effect on my mental health has been significant and I have decided in the interests of self preservation there is no way I can return to work and have given my notice of resignation with immediate effect, which of course they have gratefully accepted. I want to claim constructive dismissal and would appreciate any help/guidance anyone can offer, particularly with completing the EA claim form ET1. Many thanks DJ
  22. Hi hope someone can help as I have a big problem going on with my employer (possibly former employer very soon). I was dismissed from my workplace of almost 3 years yesterday at a disciplinary hearing. To give you an idea of the entire story I will list the events as they happened. Employed for 3 years and have never missed a single shift. There are few people more flexible in accepting short term changes to rotas and I was promoted to a more challenging role last year after being asked to apply based on my performance over the previous two years. It all started when I was caught red handed with my mobile phone in the workplace which is a complete no no and received a verbal warning. I was completely in the wrong and fully accepted my punishment. One problem which arose was the fact that the warning was issued by a supervisor while the manager was on holiday and the punishment should have been in the managers eyes a written warning but nothing she could do as the process was complete by the time he returned. About 2 months later I was reported by the H&S official for driving a forklift with an out of date safety check ticket. I was sent home and returned for a hearing the next morning. They were determined to throw the book at me however I managed to clearly prove I had done the checks on the day and simply dated the signature incorrectly. I dated it wrongly for the previous day, a day which I was not on shift. I was told no further action would be taken and there was no case to answer. It was a simple administrative error on my part. Around 1 month ago I was called to the managers office and asked for my version of events regarding stepping off a moving forklift (stand on type). The forklift is fitted with a dead man brake and would continue no more than 1 foot forward given the speed it was allegedly travelling at. This was allegedly witnessed by the same H&S official who claimed when he confronted me I replied with a tirade of abuse and basicly told him to F Off. I was not in the stated area on a forlift at any time within hours of the alleged incident and there were no witnesses to either the incident or the alleged communication between myself and the H&S official. My defence was simple and straightforward. It was not me, I was not there and I know nothing of the whole thing. I was instantly suspended pending the investigation and when it came to the hearing I was told there were 8 individuals who saw me on a truck at some point. The vast majority of these did not want to sign any statement. I was given a final written warning despite my protest. I had the right of appeal but I was strongly warned against it by the union official and other trusted colleagues as the punishment could increase and see me dismissed. I reluctantly took their advise and vowed to keep my nose clean and get the head down. One point I complained about throughout the hearing was bringing up the forklift ticket incident where I had already proved and had it accepted being presented at the hearing. I told them this should not be part of the hearing but it made no difference. Last week I was sat on a forklift waiting to use an item of machinery. I was travelling at less than 2 mph when I made a two handed gesture to my colleague encouraging him to hurry up as I was under pressure to maintain supply to a machine. This two handed gesture was witnessed by a shift supervisor who pulled me up at the time for driving all be it at this crawl of a speed with no danger of striking anything without at least one hand on the steering wheel. He assured me it was just a verbal warning between him and me and would go no further. I was pulled in later that day and suspended on the back of the incident. My hearing was yesterday and once again the forklift ticket incident was brought into the proceedings and again I stated it should not have been. I was told again that I was in breach of H&S and the outcome was dismissal. I still have an appeal process to go though but I feel as if I am very much being victimised here. If the appeal fails can anyone see any grounds for taking this through a tribunal. The alleged incident with the H&S which resulted in the final written warning had no witnesses and was a simple case of my word against theirs. Any help would be great as it feels like my world is falling apart.
  23. Hi. I'm currently undergoing a disciplinary procedure with my place of work. It all stemmed from a manager monitoring a phone call to my husband and going from there, I have been investigated and my place of work have now sent me a disciplinary invitation advising that I have been investigated for gross misconduct. It all started when in the phone call, I said to my husband that I had told work a doctors apt was an hour earlier than the apt was - reason for the doctors appointment was that I was 2 weeks pregnant and wanted to get the ball rolling with the midwives etc. From this my place of work have now conducted the investigation and said that I have been falsifying my time sheets and basically stealing 'time' and finishing early. (- There have been lots of occasions where both mine and colleagues timesheets have been 'lost' and overtime was not paid or holidays not deducted) Other than the doctors apt I have been given auth from a manager to finish early etc. I have also not had a direct line manager since I told work I was pregnant. The investigation has gone as far back as March. As you may imagine at this moment I am petrified - My record at work is impeccable - no other warning, no sick (apart from a miscarriage I suffered late last year - though I believe that the time taken sick does not go on my record as it is maternity related) and I have been there for 11 years and I have done the same job all the way through these years so I am one of the best at what I do on my department. I personally believe that the company has done this since they found out I was pregnant. Please advise Many Thanks in advance Lisa
  24. Hello I am starting a thread because I need all the advice I can get right now!!! Basically I have been working with my company for 2 yrs 4 months now , i am part time at 16 hrs a week. Basically issues begun late 2012, in August I had 2 weeks off with stress/depression. During 1 of these weeks I had a pre booked holiday, being company policy to allow you to retake any holiday (because you cannot be sick and on holiday rule), i thought i may be able to retake this , they said I was not allowed as I had not made them aware of when I was returning from work (tho my Drs note stated the from and too dates and i did telephone to let them know). Also, since January 2013 - now I have had continious pay mistakes/purposful errors? Basically missing 8hrs now but was up to 20 at one point. I have been written off work by my Dr for 3 weeks due to work stress where I explained I cannot cope working there anymore and how the stress of multiple things is now too much, Pay being 1 issue but along with that I have issues with: Poor management, Conflicting ideas, Too much work. Seems silly but I can literally wind my self up over how I have to do multiple things and other people do not. Its 1 of them situations where she has to do this but that person doesn't! I have asked to be moved to a different department due to me simply, hating it where i am, but heard nothing! Please advise me on what to do , thanks
  25. i need some help and advise with a constructive dismissal claim, so is posting a thread here the right way to get some advice?
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