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  1. Hi all. Long story short - I had an accident at work, they admitted liability. I have been off on long term sick with PTSD and now called in for interview by HR. They want me to finish due to long absence. OH doctor has put on one report that the disabilty act may apply to my case. I've made a claim via my union which is ongoing. I really don't want to lose my job, but I'm not well enough to go back. I'm trying to claim sick benefits but it's very hard going and haven't received anything yet. SSP and pay have now finished so I'm starting to panic. I've finally been seen by a CPN this last month who is putting a care plan together for me. It is a large organisation so I'm not being missed as such. I accept they can no longer pay me but can they dismiss me? I'm concerned as it's a great job plus now, with my sick record and mental health problem I'm never going to find a good job again. Can anyone help please?
  2. Hi I have employment hearing coming up. So far I was confident but now nervous. I left it too late now can not find representative. CAB can not help as no resources. I have been dismissed unfairly based on work related stress leave. I though my employer will look into issue but they said forget everything and move on. It was very difficult for me. They did accept error but after my dismissal. They said they have followed their policy. Statement has been exchanged 3 weeks ago but todays date they still keep adding pages to the bundle. Can they do it? What happens to the happens to the hearing? I have nothing to say as I wrote in statement. Please help...
  3. 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?
  4. I received a disciplinary invite letter, the letter was not dated and no venue stated just the time and date. i phoned the manager to change date as I needed advice and was told they would contact me with another date. i was off work at the time due to close family bereavement. i then received a text message telling me my contract has been terminated, and a letter had been sent, which I have not received. i have worked for the company for over 4 years. The question I am asking is what do you think my best course of action should be. Can I send a grievance letter or would the manager ignore it as I no longer employed. i have received nothing in writing and no right of appeal.
  5. Hi All, I wonder if anyone out there can give me some advice on how to deal with my predicament? I should mention before I continue that I worked for the company for 3 years before my dismissal In May of this year I was dismissed from work for gross misconduct, the reason for the dismissal was I did not fulfil my contracted hours ‘my timekeeping was not what it should have been’ Prior to this there was no complaint about my timekeeping nor was I give a formal warning or undergone any disciplinary / capability hearings. My work did not suffer because of this and someday I would start work from home. I was sent a letter to attending a meeting where I was told I would be suspended without pay. I should mention that I have worked for the company for 3 at this point. After 10 days I received a WhatsApp message to attend another meeting, in this meeting I was dismissed. A few days after my dismissal I was called back to attend another meeting, which resulted in my re-instatement (this re-instatement involved me doing the same job with additional responsibility for less money, which I agreed to although none of this was in writing). I was told that in this new role they would be a probationary period of 3 months. After the 3 month I was told that I failed the probationary period and that my service would no longer be required, no complaint or feedback on my work was mentioned during the probationary period. I guess my questions are: · Is the gross misconduct ‘gross misconduct’? · Was the correct procedure followed by my employer? · Was I re-instated under the same T&Cs – I never receive a new contract or JD? I am a union member should I approach the union on this matter? Thanks for your help in advance
  6. Hi All, So this is our current situation: 20th June 2018 my partner was involved in a RTC (Road Traffic Collision) he is an HGV Driver and was driving his trailer at the time. He clipped another vehicle which caused that vehicle to 'roll over' a woman, who was crouched down on the drivers side. Earlier when my partner arrived at the Recycling Centre this same vehicle was parked (in an un-authorised area and parked facing the wrong way : drivers side on pavement: and the two ladies were having difficulty as the ignition key had been broken in the ignition, my partner went to assist these ladies but could not retrieve the key therefore he helped move the vehicle forward so that he could get into the loading bay. On leaving the loading bay you drive around the exiting site, but before he could leave he had to ask for another vehicle to be moved (which was also in un-authorised space) he then pulled out to enter the weighbridge passing (3) vehicles which were all beyond a no entry sign, and as he turned to make the weighbridge he clipped the vehicle with his rear end, he hears a shout "stop stop" and stopped. In the meantime getting back to the vehicle, whilst my partner is working his way around the site, the ladies mother arrives and she is crouching down on the drivers side (presumably to assist with getting the car started again) so from a visual perspective when my partner is making his manoeuver he sees vehicles only. He does misjudge and clip the vehicle at less than 2 miles per hour. The woman sustains injuries and the emergency services are called. VOSA also attends and Brian is subsequently suspended pending full investigation. Brian makes a full statement to HR and the following week attends a meeting in the workplace to formalize the previous statement. Brian is then invited to attend a disciplinary action meeting Friday 6th July outside of the workplace. We have now been informed that he is dismissed from today's date, the reason being that the seriousness of the accident warranted dismissal. Having worked for this company for some time Brian is aware of the concerns raised for this area and lots of complaints have been made, other accidents in this very area where damage has been limited to vehicles only have resulted in no action being taken against the driver, therefore the reasons for dismissal is because sadly someone was injured, but how can Brian be held accountable for that? 1) He clipped the vehicle at less than 2mph, but obviously being an articulated lorry has moved the other vehicle which then in turn injured the woman, he did not hit the woman. 2) All mirror checks should no persons only 3 vehicles. How can he be blamed when the woman was out of sight crouched down? We are hoping that we have grounds for appeal and would like your help. I have copies of all statements, letters received, letters sent although the dismissal letter we have been advised is being posted out today. We have five days to appeal and to determine if we have grounds for Industrial Action. There is no union in place and Brian is not affiliated to any other. We look forward to your thoughts, thank you swift
  7. I would like some advice on behalf of a relative please. She has been diagnosed with early onset Alzheimers / dementia. She has been co-operating fully with her employer (a large retailer), for example going to an occupational health appointment. The assessing "doctor" didn't have her notes beforehand, was really abrupt, derogatory and not listening to half of her answers / information. His report said she is a danger to herself and others, which we all strongly disagree with. (It is possibly due to her disclosing that she must be reassessed for her driving and may have her license taken away, but to my knowledge there is nothing she has done at work that proves her a danger at all.) We were hoping for some kind of medical retirement (she's in her mid fifties) or some kind of dismissal on capability grounds which would attract some sort of payout. They now claim they cannot provide a job for her and have "offered" her two options: 1. Move to another store for just 2 hours per day. Why they "can't give her a job" but then can give her a job only in another store for a few hours sounds very odd to me. Also a totally pointless exercise that nobody would take. 2. Dismissal - no compensation. I believe she would be classed as having a disability under the Equality Act and this seems like they would be breaking the law. I feel that dismissal may be disability discrimination. They do not seem to have made any attempt whatsoever to provide reasonable adjustments. I can think of a couple of things that they could have tried. In the meeting they started to bring up incidents from a year ago, such as she swore, a customer overhead and complained. That has *nothing* to do with her condition. They mentioned she forgot to put on safety equipment / misplaced her locker keys / forgot to clock in - all things I could see possible reasonable adjustments for (for instance, a "buddy" to help her remember things). It seems very unfair after 25+ years of service, with an excellent record, they can just dismiss her with no consequences. The union are involved and unhappy (but my experience is unions are pretty toothless) and she is going to speak to Alzheimers Scotland, but any advice would be appreciated.
  8. Hi. Wondered if someone could help with my ET please. I am doing this alone so any help would be very much appreciated. My complaint is quite long so Ill just keep the headlines. In reality I was made redundant due to a breakdown in work relationships. My notice of dismissal and paperwork shows I was dismissed because of redundancy. My role was still in existance and therefore my argument is that I could not have been made "redundant". I was given redundancy pay. I submitted my ET claim for unfair dissmissal. The organisation sent a load of gumpf back. Most of which doesn't seem relevent and I think is designed to confuse but they have put: "The reason for dismassal was redundancy which is a potebtially fair reason under section 98(2) of the employment rights act 1996. Without prejudice and as alternative to the above the claimant was dismissed for "some other substantial reason" which is potentially fair reason under section 98 (1)(b) of the employment rights act 1996". Can I just check that I have understood this please? Part 2 states they can dismiss me for: A. capability, B. conduct, C. redundancy or D. because of law/regulations And Part 1b says they can dismiss me for any of these reasons or for any other "substantial" reason. They stated they have dismissed me for 2c (redundancy). All my paperwork says 2c. They can't now say it was for another reason as per part1b can they? Surely then it would not have been redundancy and they would have put "dismissal due to break down in relationships" or sonething to that effect on my paperwork? I'm getting myself worked up that I'm missing something. As an aside, I may have to start using "without prejudice and as alternative to the above" as an argument! Also - they are not abiding by deadlines. We were meant to have exchanged our document list by last Thursday and I still haven't received theirs. Is there much I can do about that? Thank you.
  9. Ok Just start with some background. for the past two years 2014 & 2015 i have had relapses of prolapsed disks causing me to have long absences , after the last absence it was agreed that i would be covered under the disability act (or whatever its called now) also after i had my injections i had to have physio which the occupational health provided so i got back to work a lot quicker than if i had waited for the nhs . Now on to this year i had to be signed of sick because my shoulder had frozen i cannot lift anything of with with one arm , doctor has put me on pain killers and on the list for physio for the shoulder which will allow me to return to worl . When it was diagnosed i told my line manager to refer me to OH because the waiting list was 3 months and they could get me seen a lot earlier like last time , then when i spoke to them again after i was given another fitness note and again they saud they would . Also the reason i need the referral is that they could arrange to gety me back to work in a different area not doing the repetitive actions which aggrevate it while i am waiting for physio or sending me to their physio . The problem is when i go back i know i will face a meeting about my absence but i cannot afford to pay to go privte to jump the list also I cannot go back to full duties because even the gp said i would see you within a week again . So where do i go from here. I am unable to go to OH without the referral but without Oh i can see me being signed off until i get the phsio from the NHS
  10. Hi, I feel so alone and ganged up on in my situation of work. I had been at this job for around 5 months - 3 and a half months contractually as i started off temporary at first. I was given the role of Manager when i only applied for front of house, i had NO experience and they knew this but gave me the role anyway. I was also bought a mobile phone as they asked me to help them with social media but my phone at the time wasn't capable of doing the things they needed. The phone was said to be MINE as a way to get me to accept their job offer as at the time i had another that was for more money. I worked at a personally training gym in Hampstead, i would work from 6:15am until 20:00 at night most times. Inclusive of weekends. I would work no matter what!! I never had a day off. I requested if i could have April 11th off due to me being in hospital that previous night very unwell, and it was refused. I recieved a message from my boss saying "you better take responsibility and go in" even after i explained my have a massive bandage on my nose from the excessive nose bleeds i were having. On April the 11th the owner of the company came to me shouting and embarrassing me in front of other members of staff and clients about the lack of work another member of staff had not done (I get this on a daily basis) but this day was different. I was being shouted and sworn at. When i walked away from the front desk into the staff room to remove myself from the horrible situation, i was followed by my boss, (it was just him and i alone) where i was then told to hand over my keys and leave the premises. I took this as i was being dismissed, so i gathered my things and left. Later that day i received whatsapp messages from my boss saying he pays my wages and i should have some respect along with telling me that he has put down that i have handed my notice in and he did not dismiss me. He also said that the phone they bought for me is to be returned as this is company property. But the phone was purchased for ME not for the company. I never signed anything to state that the phone belonged to the company and i was to hand it over once my time and the company would be up. Also - when the phone had got broken and the screen was smashed (By my manager) I was told "well it's your phone so you have to pay to get it fixed" to which i did. On the day this all happened (April 11th 2017) i received an email at 5:00am saying my rights to be admin on their company facebook page had been removed, at first i thought this was an error util i got to work and this happened. I have emailed the company copying in the HR team and any other person relevant, explaining i did NOT hand my notice in, i was asked to give my keys back and leave. But i then received an email from another member of the management team saying they had witnessed me saying i am handing my notice in, but he was outside on his mobile when i left the company crying due to be sacked! I have told them to check back at their cctv to prove he was NOT there before carrying out anymore lies. When i started at the company, they did not want to pay me the salary i was asking for as i did not have previous management experience but I was an office manager and that was the asking salary and the offered salary from the other job i declined. I then offered them a lower salary for myself on a 3month probation period to prove myself and then after i would go up to my asking salary, to which they agreed and it was put in my contract. I worked so hard in that place, working day and night including weekends without days off. When i was to take a day off or even half a day i would get angry messages making me go in. I would get abusive phone calls and texts if another member of staff would do something wrong or even if they did something wrong, i was told everything would always be my fault. All inappropriate and abusive messages i still hold on file. I have told the company that i am owed my notice period of ONE month's wages, along with my holiday pay and the money owed from where i worked up until i got unfairly dismissed at the pay rise amount. I then received an email saying that i verbally agreed that i would accept an extended probation period so it would therefor be 1 week probation period money at the lower salary amount inc. of holiday minus x1 day that they claim for me to have quit along with deducting £400 for the phone. The company has struggled ever since they took over the gym and never pay any invoices, avoids the tax man, does not pay staff wages on time or at all and uses soooooo many excuses as to why. There are a number amount of staff that have now left the company that are awaiting their payments still and he has personally told me himself he will not be paying none of them. He even has one previous member of staff taking him to court in regards to his wages from November. The HR lady has not tried to help me at all and has been on their side the whole way and i feel alone and do not know what to do to make sure i get exactly what i am owed. I have bills and rent to pay at the end of this month Any help and advice would be much appreciated. THANK YOU IN ADVANCE x Sheree
  11. My close frend has been verbally dismissed from her chef job in London . We are gathering data as we speak- this happened today , advice please Kx
  12. Writing on behalf of partner Employment Start date Jan 2016 At time of employment a disability was disclosed at the screening process and a full assessment was carried out by the DWP access to work team who advised a footrest and cushioned adjustable chair for the sciatica. The employer employed on this basics. A year into the employment no support or help has been provided by the employer and to date no specialist chair or footrest have been supplied. The employer is a national company and the working environment is high paced, at times when the employee has been in pain at his work station he has taken unauthorised breaks to strict and his adherence to schedule has been questioned. The sciatica is nerve related and when bad can cause sever migraines. Due to lack of support there has been sickness when the sciatica has flared up or a sever migraine has been present, if the employer supported offline work when at work with a headache so the employee was not constantly starting at a VDU (visual display unit) monitor this would help however the employer has declined this. Furthermore the employer has failed to support a flexible payback scheme which other employees have had approved. Would the equality act 2010 be applicable considering the disability has been disclosed from onset and the employer has failed to provide the items suggested by DWP access to work team?
  13. 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.
  14. Hi all, I'd be really grateful for some advice on the following please.. Email 'Subject to Contract' from July 2015 gist as follows: 1. Annual basic salary of £XX,XXX 2. Annual performance related bonus of £XX,XXX (providing OTE of £XX,XXX). As discussed, your first quarter's OTE of £X,XXX will be paid to you regardless of the sales achieved during this period subject to satisfactory completion of the three month probationary period. 3. Statutory holidays plus 20 days per annum vacation. Official working base XX, formally confirm acceptance of this post and a full contract of employment will be drawn up. Accepted and started the job beginning of September 2015. - No contract supplied despite the email from July 2015 and me asking for one both verbally/in writing on more than one occasion. - No performance reviews or final performance review, probationary period end was at the beginning of December 2015. First meeting late January 2016: With line manager and another senior manager, not told what it was about - titled 'review', no notice/time to prepare and not informed of right to be accompanied. Told I was not being sacked or dismissed just that my probationary period was not being extended; this was purely due to the financial position of the company - a restructure which affected other members of staff. I'd receive two weeks' notice instead of the statutory one week. I said I did not agree, that I had already passed the probationary period as I had not been told otherwise or had any performance reviews. I was then told there were business reasons for the delay (business owners compassionate leave). Got slightly heated and asked how much longer I'd be working for the company, I was told to go home and to come back the next day. Second meeting late January 2016: Told it was just a normal day then had a meeting with senior manager and someone external HR (on their side), offered right to be accompanied but as I'd only been there a short period of time I didn't ask anyone. Same position from previous day reiterated, HR told me I should have requested performance reviews myself. I asked at end of meeting for payment of my £X,XXX bonus as it wasn't dependant on sales but simply passing the probationary period and also a months notice as that would be usual for a position such as mine. The meeting was adjourned to ask the MD, was told that I had failed my probationary period due to performance reasons (the only condition on payment of the bonus and in contradiction to the previous days meeting).. - Not provided with copies of any meeting notes despite asking for them verbally. - Formally requested payment of the £X,XXX bonus via email - two week deadline - now passed. - Dismissal letter states I failed to achieve the responsibilities outlined in my job description and gives an example of failing to delivery a commercially driven strategic growth plan. - Appealed the dismissal at the beginning of February stating points above, crux was as I had not been informed I had failed the probationary period and there was no contract stating it could be extended I am deemed to have passed it and the bonus should be paid. Regarding poor performance example, I created the strategic plan in the first couple of weeks of my employment, was decided after a week I'd be responsible for less than the job description how could I deliver something I wasn't fully responsible for? Had been given a really slow old computer only sorted mid November 2015, systems not in place/being set up despite me raising this - which was taking up considerable time daily and insufficient stock of best selling products etc. I asked for further details as to why I'd failed. Attended an appeal meeting Couple of weeks later, accompanied by a colleague after great effort. Meeting consisted of the managing director asking me lots of questions and only asking me toward the end if I had any points to discuss (points from my appeal not fully discussed). They took a picture of my notes and I took one of theirs. Appeal outcome Dated same day of appeal meeting - original dismissal decision upheld, saying I did not meet the expectations and responsibilities of the role as detailed in my job description. Especially prevalent in areas of leadership, management and dealing with workplace issues and challenges. They also say I acknowledged my role did not materially differ from non-managerial junior colleagues. Just wondering how best to go about getting the bonus I was promised? I've waited a couple of weeks since the appeal to make sure I get the rest of my outstanding pay, I've had the pay slip so it should be in my bank Monday. I have spoken to acas a few times but they give differing advice.. I've been told I can go to acas early conciliation for free, if the employer refuses or it doesn't work out I could then take them to a tribunal at a cost of £400 - may be paid back to me if I win. Unfair dismissal is unlikely as I have short service, wrongful dismissal and non payment of wages may be possible but I'm told it is my word against the employers due to not having a companion in the first meeting. I've also seen online I could take them to small claims court for the £X,XXX bonus and someone else had mentioned about submitting a statutory notice for winding up (but I'm not sure if that is more for freelance people rather than employees). Is it worth making a SAR to my employer at all? Sorry for length! Thanks in advance, chaoticj
  15. 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!
  16. 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
  17. 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?
  18. my son got a job in a local call centre about 6 weeks ago At the time he was employed he was asked if he had any criminal convictions and he answered that he didn't (he was currently awaiting trial after he was involved in the most stupid of circumstances and had been advised by the arresting officer and his solicitor to only disclose when convicted, which has now happened) he was doing very well at this job and loving it - in fact he had won a series of company rewards only a week before best overall employee, best in team and most sales and was given a prize of an iPhone 6. He was encouraged to apply for a position of team leader and duly filled out the form answering the do you have any convictions this time with a yes......... This was Friday afternoon. He was pulled into the boardroom without warning, questioned and suspended without pay immediately and informed to return on Tuesday am at 9:30 to find out his fate. He was again taken to the boardroom and was told that they had taken things into consideration and informed him they were prepared to give him a second chance - he was thrilled and most grateful and expressed that he just wanted to wok hard and put everything behind him. At 2pm he was taken into the boardroom and told that they had changed their mind and he was sacked without notice on the spot - no explanation nothing in writing and no chance to appeal or take in a witness. He is devastated and this has been a kick he didn't need - acas have informed him that they think he should with a letter asking why he has been sacked and to give them 7 days to respond. My question is this.... Is this wrongful dismissal and if so can anyone suggest the type of letter he should write? He is aware that he has been very foolish but he is 18 years old - this is a first offences and he has accepted guilt and punishment and is determined to put all of this behind him and get his life back on track and as I said this was a kick he really didn't need. Thank you in advance
  19. Help desperatly needed, sorry this will be a long one. and I cant put in specific details. Hubby has a disability dx 5 years ago that is covered by the equality act, he has been employed by same company for 18 years, no more time off than any other employee and less than some! He was doing his job perfectly ok and the only adaption he has was that he worked a fixed shift, and the other 2 guys sorted out the other shifts between what they preferred. Earlier in the year the company literally decided they didn't want him to go to the new plant that was due to open and set about fabricating stuff to get rid of him. We know why they did this, they looked at him not doing overtime and assumed he would not manage longer hours but no one actually asked him. There is a huge difference with taking out rest time at weekends for overtime as it is to do extra hours and have more days off, infact the new shift system would be better for him! The first he knew of this was a letter into this consultant whom they had never contacted previously and would only take the word of their own company doctor. Hubby was contacted by consultant with his answers before sending them into the company, He asked to be sent the questions that had been asked and found it very carefully worded for the company to get the answers they required but what they were stating was not the truth either about him or the actual job. As this delayed geting the letter sent back from the consultant, OH was sent to site to " have a chat about this letter to consultant" onsite she did an assesment that was nothing to do with his job role and as not even onsite and took him off the job and was given a different job, then they went through managing employees with ongoing sickness procedures, Was sent to the company doctor with even more lies about the job role conclusion was that he was unable to do the job with a huge emphasis on not being able to climb all the ladders ( which is not required for the job ! ) He was dismissed on grounds capability to do his job, There was a huge emphasis in that meeting on him not being able to do the hours and they couldn't make any changes to the hours, even though he had never asked for any changes. He was told to apply for ill health pension he queried applying for pension as he was appealing the decision, told to apply. Then had the appeal hearing so the IHP is now on hold untill after the hearing, and the company are now saying the decision is undecided so they wanted to contact the company doctor and his consultant again with questions he complied as he said they first ones were engineered. The company have now delayed this for so long He agrees questions they then e mail back and change something else. Mainly slotting in the adjustment that they refused at the final stage meeting which they have no right to do so its all highlighted and sent back and then they return it with another change. I have 27 printed a4 pages just of the e mail communication about the questions, and its now not his questions being asked at all as they have changed them and the bigest blow is the letter to the consultant is almost exactly the same as the first one. They can now no longer do anything before his leaving date and have now found out that the pittance of a ILP will now be reduced as he will no longer be in employment with the company when he applies after the hearing can any one help with any advice He is supposed to be seeing the company doctor again next week and I am not very happy with that and think this is another ploy to stop the pension payment. He has phoned acas who just said that a company that size should be able to find him an alternative job, hes also been to citizens advice, sent to disability advice who cant help and just said get a lawyer, we cant afford one and the union lawyer wont get involved until after the procedures have all been followed, another disabled advise in a different town also cant help I am at the edge of my tether and this is making his condition far worse. what is the point of having disabled laws when there is no one there to help when they are not obeyed! any input gratefully appreciated
  20. Hi everyone, Can someone help me on compensatory awards which arise from unfair dismissal? I was a member of a final salary pension scheme. Would the loss of my pension rights be included in the 12 month cap? I understand that it could limit my claim to just 12 months salary. My claim as it stands would be for 12 months loss of earnings on its own. There is also the matter of an ACAS uplift applicable because of the actions of my ex employer. Would such an uplift be included in the 12 month cap or is it additional to? Thank you in advance for any advice
  21. Hello all, Bit of a major problem, could do with some advice. I was called into the HR office at work today, and told I will be suspended on full pay due to inappropriate material flagging up on my internet usage. This is being investigated, and could result in my dismissal. Now, I can categorically state I have NOT visited any sites that are inappropriate i.e. adult material, terrorist material etc. What I have been guilty of is leaving my computer terminal whilst logged on, and I can only presume that some other employee has used my computer terminal while I was away. The company has sent emails etc about not doing this. This was a new (ish) policy that was brought in by the company in regards Cyber Security. I accept I have been stupid and forgetful by not locking my computer every time I leave my desk, but it isn't on purpose. I am getting married in 2 weeks, and so my mind is all over the place at the moment. Not a defense, but it hopefully explains why it happens. Also, the printer I have to use is in a corridor out of sight of my office, and so anyone could enter my office and I wouldn't know about it. There is no proof that I physically browsed the inappropriate web-sites, only that it happened using my log-in details. Does anyone have any similar experience to this? I accept I have been forgetful, and I obviously need to ensure I always lock my computer, but I am scared half to death that I could lose everything due to this. Any advice would be greatly appreciated
  22. Hi guys hopefully you can help me, briefly and to the point I'm having some concerns at work. My main concern is that I'm doing a role which is additional to the one I am contracted to do. I'm contracted to improve business development chiefly through tendering, of which I'm achieving and there is documented evidence of. However, my MD has since delegated another role/responsibility which was previously another colleagues role/responsibility but he has said that my performance in this area is not good. This is fine, everybody makes mistakes, but what he doesn't appreciate is that my main role takes a considerable amount of time and paying the same focus/attention to the new role/responsibility can be difficult. With this in mind, he give me a telling off which I feel is his version of a formal verbal warning, but I received no written confirmation advising of that this was the case and no one else was present. So the questions I would welcome answers to are: Can the "telling off" be considered a formal verbal warning and does a witness need to be present? Can I be dismissed on grounds of performance/capability for a role/responsibility I'm not meant to be doing (I've documented confirmation of this from a Director's email outlining individual staff roles/responsibilities) ? Lastly and perhaps irreverent, my contract of employment/payslips is with a separate company within the group, of which the work I do is a different company within the same group. Is my employer breaching my contract or if worst came to the worst, could I argue this point? All answers/feelings on this would be much appreciated. Ohh I have been employed for 16 months now.
  23. Hi all, I am an IT developer and my work is to write software for my employer's website. I am having a bit of trouble at work. I recently finished 2 years with my current employer. My head of department has started first phase of a capability process. It means he discusses with me issues and will observe my performance for one month. He has put two points 1. My interaction with the team and 2. Do it right first time. I recently worked on a project along with another developer. I took lot of initiatives on this project and did 80% of work. So it was kind of assumed that I am responsible for this project and I was being called in all the meetings. There were very few defects during Testing phase. But unfortunately there were some issues in the project because of faults of System and Testing people and couple of defects from me which were not caught by Testing. I had few arguments with my head of department during the project duration and I believe he is just witch hunting. Meeting happened on Monday and I was told that Head will set objectives for me which I sign off. But I haven't being given objectives yet. Next process in capability process is first written warning if there is not progress and then final written warning. Please advise.
  24. I was treated very badly by a major UK supermarket. To see more of my story, to help me and to find out which UK supermarket I am referring to, please see this link where you can watch a very short video (1:46 minutes long) and fill in a short form (less than one minute). Please fill in this form and share it with your UK contacts. https://docs.google.co In a nutshell, my story is that the supermarket appears to have destroyed evidence that would have proven that it breached my contract and that it has made claims to have addressed the issues I raised but has never shown me any evidence to support its claims. The human resources manager (in training) that I was instructed to see for further information about a forthcoming meeting openly declared on his personal Facebook page that he is "fluent in buls""t and sarcasm" The supermarket has still not answered some important questions. The supermarket still insists that it did not breach my contract. My case has been brushed under the carpet and the company has denied even the things that are written on paper. The company seems to be pleased that I have so far not been able to do anything about the matter. I feel forgotten and feel that I can easily be mistreated by big companies with near impunity. I feel my life has been a joke.
  25. Hi guys, Firstly, I'm sorry that this is my first post, but I've been racking my brains all night researching law/employment/rights etc and was finally recommended this forum, so I'm hoping someone can help clear one or two things up for me, one way or another! Yesterday (10th June) I was dismissed from my job without notice and without pay in lieu - I genuinely believe this is unfair. Some quick background; I worked remotely (Offices are based in London, I'm based in Glasgow), have been in contract with them since the 1st April 2015, was full time (40 hours minimum per week to average out over the course of the month), and took many concerns, wherever possible, to my manager (including not having any breaks on 7/89/10/11/12 hour shifts, all of which required me to be in front of the computer at all times). I was told to basically deal with it while the company employed more staff and trained them up accordingly in order to reduce the hours I worked. Basically something happened within the company over the weekend and I, admittedly, flew off the handle about it - I got very angry in a personal discussion between myself and a colleague (not a manager). At no point did I put the company at risk, their clients, the company's reputation, or falter in my work - The discussion was (what I believed to be) a personal discussion between myself and a colleague. Long story short, my colleague took back what I had said to my manager, who issued me with a written warning on Monday morning - To clarify, this warning was not sent in the post or through e-mail, but provided via an internal messaging client (much like Facebook Messenger) that was used for agents and staff to speak with each other. I, personally, didn't agree with this warning, but accepted it and wanted to move on; Tuesday night, the same colleague and I were having a further discussion - a general conversation about our day and so on. He eventually moved on to the topic of the issues over the weekend, and riled me up to the point where I said to him, using much more colourful language, that if the company were to dismiss me, I would take them for everything they've got. My colleague assured me it wasn't his place to take that back to management - of course, he did, and here I am. A stupid thing to say - Yes. Grounds for gross misconduct and immediate on-the-spot over-the-phone sacking? That's what I'm not too sure about. The manager who decided to sack me actually told me partner (who works for the same company) before he told me - So I actually found out from my partner before the company - Is it either fair or legal to tell a different employee that a colleague is getting sacked before that colleague is made aware? There was also no investigation, no disciplinary hearing/discussion, no chance for me to put across my point of view or have my say, no mention of any pay owed to me for the hours I have worked, no mention of an appeal being allowed, and no mention of any of the disciplinary procedures set out in the contract (which is very sparse, and does not cover ANYTHING with regards to what they class as gross misconduct - The disciplinary steps are stated in the contract, none of which have been followed). I am aware that I have MUCH less than the 2 years service required to go to an employment tribunal; I'm also aware I already had a written warning, as far as the boss was concerned, despite the fact it was written to me over an instant messaging service and wasn't supplied in a formal, written method. Yes, I should not have said what I said, but I'm not 100% positive that a dismissal was a necessary next step - He never even mentioned in the phone call that it was classed as gross misconduct, the words never even came up, he just called me to say he had no choice but to dismiss me in order to protect the company. That was it. No 'You're being dismissed for Gross Misconduct', no 'You're being dismissed because you said/done this', no appeal information, just 'you're being dismissed, we had no choice, sorry'. I have so many questions regarding this I'd feel cheeky asking them all here when I've just joined, so I suppose the biggest question is; Do I have any grounds whatsoever for wrongful/unjustified/etc dismissal? I don't believe the correct procedures were followed leading up to the dismissal (there was no formal investigation or discussion for the written warning, either), I don't believe the correct procedures were followed for the written warning, and my partner was informed of my dismissal before I was, meaning my boss had already made up his mind on my dismissal long before speaking directly with me. If anyone has any advice, that would be very much appreciated. Thanks in advance.
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