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  1. 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
  2. So your told to take your break at the end. And you have had various discussions with management about that because you’ve been feeling light headed and dizzy before the end of the duty. It also states in the contract that breaks must not be taken at the end under any attendance a 30 minute break is due and it must not be taken at the end ...(health and safety)(company policy)... .Although the duty itself is not normally scheduled at over 6 hours and does not total 6 hours (legal point where you are required a break in uk) it is still company policy however that break should not be taken at the end . But the manager has said break will be taken at end no matter what. He has no real regard for company policy’s and demands break at end so that there is no need for him to wait back any longer.(crafty) According to ACAS It's extremely important that workers take breaks. Studies have shown that heavy workloads and stress can make workers less productive, increase the risk of mistakes, and affect health. and should have their break at some point during the middle of there shift rather than adding the break to the end or beginning of work. I can safely say u was stressed and feeling less productive and my health was being effected. You are sent to do a job without the proper training to efficiently do the job and there had also been additional work for you to do before you leave which is not normally your job which means you have got out of the office later than expected. Although you are expected to inform managers if you will be working overtime there this would not be possible as you have not done the duty before and had no idea how long it will take so it would be an impossible argument to make with a manager (usually if you go into overtime its not a problem there is a flexibility agreements that states that is ok ). Because you have never done the job before it takes you longer and it is basically common knowledge that it will take you longer on the day.This is something the manager was not prepared to consider before or after the duty.Negligence? So you are doing your job in the knowledge “break must be taken at the end” which you already know is against the contract but you don’t want to annoy your manager to much about it and just deal with feeling dizzy .mainly because you done get a lunch break and it’s a very physicall exhausting job. But you have now gone into overtime which has always going to be the case under the circumstances and it is soon approaching the 6 hour mark which it your legal right to have a break. You have returned to the office with the job incomplete and there is a procedure in place that as long as you indicate to a manager that the job is not been completed then it is then down to them to deal with the problem. Although they later argue I should of informed them “earlier” .But that was impossible to know as i did not know. Now you decide that because the law states at 6 hours into a duty you will take your break among other reasons for having to return to the office “which must be taken at the end of your duty” therefore if you had came back with the job incomplete and they asked you to go back out with it to complete the job.Which would run well beyond 6 hours. remember break is at end so no time to stop. There are no instructions or training with regards to what to do if u hit the 6 hour mark. May i also point out that the legality of the break working 6 hours is that u must not take your break at the end also. so not sure how that will come into it.I was therefore already suffering from the symptoms of not having a break. You would be working past your legal right to a break at 6 hours of work so you refuse and go home break at the end of duty remember.… And since you have informed then you have followed procedures. Basically there is no “break” your just paid for the break at the end that u do not actually get. Its not like your actually on a break if you know what I mean. You have basically exercised your legal rights to a break and have acted on health and safety grounds. You come in the next day and are suspended, conducted and then dismissed. Not only that they also refuse to pay you the overtime you done.(which includes “break at end”) Is this this automatic unfair dismissal for attempting to enforce their legal right to a break and dismissed for acting on a health and safety issue with there only argument that I should of informed them at a random time of “earlier” so they could of done something about it. As soon as you know you will be later (which is impossible to judge on a job u have never done the job before) all jobs vary in size and length . Would u just accept your sacked with a gross misconduct and have this on your CV for a job that u worked for over 10 years in. Ps the manager has continued to say the break must be taken at the end during the dismissal when I pointed that out to them -contradicting company policy’s. But ignorant to there own policys. Ps people doing new duty’s that returned with jobs incomplete did not receive any conduct .As they did not know how long it would take them to complete the job and they was only prepared to work contracted time. And not do overtime. Is this disrimination? Would you bother putting in for unfair dismissal under these circumstances? Thank you
  3. 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
  4. Hi I need some help and advice I have been working for my current employer for a year and a week. I am leading a team of 2 others on a difficult project with impossible deadlines. The project has approximately 10 people working on it full time. I have been ear marked as a bit of a trouble maker a few months ago, but throttled back more recently as I was genuinely concerned that more disruption from me would lead to me being fired.. Basically I was saying I am not happy the project would not be delivered to a high quality for sale and that there are issues every step of the way. This has caused alot of conflict and people had become increasingly unwilling to listen to me. I was going to leave when 2 others left just before Christmas due to unreasonable colleagues and huge amounts of stress, I didnt leave though I tried to maintain a strong front and persist with doing what I could. Very recently, perhaps 2 weeks ago, a new chief engineer has been recruited to save the project, we had two meetings, one on his first day, where he seemed bored and uninterested in what me and my mini team were doing. The second meeting had two other members present and I was directly asked how long, in my opinion, it would take to get this ready, I guessed 3 months and at that point he ended the meeting (it should have been ready two weeks ago). A day later, yesterday infact, I received an invite to a disciplinary hearing for Monday lunchtime, where I strongly suspect I will be dismissed. Two people have already been fired this month! I have spent today examining every email I have ever sent (minutes of meetings throughout the period were never published, except once, when I did it myself). I have, what I consider reasonable evidence to refute the claim made that 'I covered up the truth on project status until it was too late to do anything about it' These emails published to the bosses have me saying things like 'I am worried that this is not all going to work in the allotted time' etc Basically I am distraught, shocked and worried. I can no longer work for the company as I feel betrayed and wrongly accussed (I also reported bullying to HR a few months ago, basically brought on by me saying I couldnt complete the project to a production ready standard) I also asked for help many times, and had nothing, only 3 weeks ago did somebody join my team, despite requesting this resource in April, of which I have proof of the request. What do I do on Monday? I dont want to work there at all, I dont want a bad reference and I dont want to lose income whilst I search for a new job. Thanks in advance
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