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  1. Thank you for your time and advice. We're looking for some general advice on this issue regarding my partner who is off work with depression caused by her workplace. The employer has told us they will visit this Thursday to "discuss her absence". Here's a bit of the back story: Mt partner is a Cleaner. She is off work due to depression, this was caused by her undergoing treatment for recurring miscarriages and her Manager moving her from a job she was happy in to another part of the company where it is very quiet, no interaction and a totally different world than where she had been. My partner asked to be moved back but was told it is not possible. She thinks she was only moved because her Manager had to cover 6am to 7am as she couldn't get into work for 6am. Funnily enough, the person who took my partner's old position starts at 6am (!) Events and Mismanagement that has led to my partner's Depression: 1. She was late for work twice when the buses here were effected by a huge amount of roadworks (which was front page news). Her bus simply didn't turn up two days in a row and she had to wait for an alternative bus (the following days she caught a taxi rather than lose her job). Both times she rang the Manager and let her know. All seemed okay until over 2 weeks later when her Manager issued her with a stage 2 warning for absence (not even a 'late'!). Luckily I was able to speak directly with the city bus manager who kindly emailed a letter explaining the missing buses and her Manager took the warning off her record. It was like a letter from Mummy for not having a PE Kit! 2. A few days later (revenge?). My partner received a printed warning document detailing things that would need to be improved in her cleaning duties. These included a set of stairs that experience 24-hour high traffic from hundreds of staff which she was warned were dusty and dirty. She was told another inspection of her work would take place on 4th April and if it wasn't satisfactory a PIP Procedure (warnings that can lead to dismissal) would be put in place..skipping the written warnings stages completely! Two weeks later she had the Thursday 23rd and Friday 24th March 2017 off as holiday. My partner went back on Monday 27th March 2017 and was called her into her Manager's office and told that the showers had body-fat in them, even though she had worked hard to make everything A1 before her days off. Her Manager then said "Just because you signed that warning, doesn't mean you can F?cKing slack off anywhere else!" (Bullying?). 3. Two days later (29th March 2017), My partner had a small operation to investigate the fibroids the hospital believe have caused her recurring miscarriages. She was not allowed this as unpaid leave and had to work before going to the hospital. She had to go work the day after the operation too. On the day after the operation she was taken home by the people she cleaned for in FOST and they phoned my partner's Manager to complain; which no doubt will be mentioned in the absence meeting and my partner blamed for it! Anyway, that date was 30th March which was the last day she worked and has been off with depression since. 4. On 24th April we received the letter saying they'll be coming to our home on 4th May 2017 to discuss her "illness, current health status, long term diagnosis, current abilities and when you might be fit to return to work. And also to gain authorisation to contact your GP for a medical report." - We appreciate any advice you can give and for reading this long post. If you can advise on what we should do at the 'Meeting to Discuss Absence' and whether we should print off this post and discuss it or if that would probably mean them finding an excuse to get rid of my partner? She has had depression all the time she's worked there (10 years) and never had long-term sick so could they sack her for depression knowing she has it anyway (last year she had a miscarriage and went sick with depression) Would she have the right to be asked to be moved and, if so, would they have to move her to a post that has the same hours/amount of hours? Staff who have complained in the past have always ended up sacked Finally, their letter says she can have a member of staff/Union Rep (unfortunately not in a union) at the meeting but I intend to be their. It is our home so can they say I can't be there? We will also be recording the meeting, as it is our home do we legally have to tell them so?
  2. i have been sacked from my job the employer is refusing my final wages, i had been working for the company for 3 months, i was still in the probationary period, the company acused me of stealing cash ( 7 pounds), this is a lie, the area is fully covered by cctv, I had a dispute with one of my co workers a few hours later he telephoned the manager and claimed i stole the cash The next day i arrived for work and was sacked on the spot, they said they have the right to do this as i was in the probation period, i didnt argue as i hated the job and my workmates The company hires and fires workers every couple of months, in the last 4 months, 15 people have either been sacked or resigned I am due £1400 of final wages, the company is refusing to answer the telephone and ignoring my emails, what can i legally do? I went to my workplace last week to see if we could resolve the situation, but they were very rude and told me to get lost I do not want to let the mater lie the company has treated me very badly, every month my wages were late, i have never recieved a payslip, once i worked 9 days in a row i was forced to work 16 hours told if i didnt work i would be sacked Apologise if i have posted in the wrong section, thanks for reading
  3. I have been sacked one and a half weeks into a two-week trial period. The employer says that, because I only worked for a short period, he doesn't have to deduct tax and Ni from my wages. I was working a 37-hour week for which my pay (due at the end of March) was £7.50 per hour. My employer confirmed this in an email to me before I started work. I was directly employed (not through an agency) and was not self-employed. My questions is this: Is the employer legally obliged to deduct tax and NI after such a short period and does he have to give me a P45? Also, what can I do if he doesn't do any of this? I am from Eastern Europe and feel that the employer is deliberately attempting to recruit EU citizens for a short period and avoiding his legal obligations to pay tax and NI. There was nothing wrong with my work. I believe that it was all along his intention to sack me and that this is ongoing company policy towards temporary employees. Your help on this would be much appreciated.
  4. I'm writing on behalf of my son who was recently dismissed for Gross Misconduct from his employer because he tackled a thief that was trying to run out of the shop with some goods (which, apparently, contravenes one of their policies). We're currently going through the appeals process. My son has given a statement to the police and may be asked to appear in court as a prosecution witness. I've spoken with acas, who have been very helpful and, because my son has less than 2 years employment, cannot claim unfair dismissal, only wrongful dismissal. My son has never been trained or given access to the employer's group policies and procedures. I could go into more detail, but find it absolutely bizarre that he has been sacked for what he thought was doing the right thing (protecting the employer's assets). Any advice or thoughts would be appreciated.
  5. Hi I really hope someone can advise me because I am so worried and stressed out. I have worked for a company for 4 years, but for the first 3 years with an in house agency, and almost a year ago I was given a contract, with 2 YEARS probation period. Which is apparently standard for this company. I was off sick in Oct last year due to flu. I am off sick again now due to severe stomach problems that I would rather not go into but my doctor has signed me off work for 2 weeks. I am on annual leave at the beginning of next week for 2 weeks. All being well I am due to go back to work on the 29th April. I have had no contact from my employer only from a manager/"friend" through facebook who has messaged me several times now saying I need to contact work because they want to arrange a site visit. Pretty common I think when there is extended period of absence. Apparently they don't have my number, which I find highly unlikely, and they have my work email which they know I can access from home. I have tried calling our attendance manager on 4 occasions over the last 2 days but there is no answer and you can't leave a message. I have a horrible feeling they want me in before my annual leave starts, so they can sack me, meaning they wont be obliged to pay me 2 weeks holiday pay? I also earn a bonus, can they with hold this? Should I be contacted through unofficial channels such as facebook? Do I have to attend a site visit? And ultimately, can they sack me? Thanks Ash
  6. Hi, hope somebody can help advise me. I am with employer for less than one year. I had a number of personal issues that were affecting my ability to do my job efficiently and my employer kept extending my probation period. I don't think I was able to turn my performance around before my third (and I was told, final) probationary meeting which was to be in early Jan 16. I went sick after new year and haven't been back to work since - actually, I did do a couple of weeks late Jan but didn't do much as was suffering from flu and so went sick again after. I've now got a sick note/unfit to work note until mid March due to work related stress but my firm is no longer paying me a salary as it's partner discretion and they don't want to pay me. I knew this was a possibility but they didn't give me any notice or a deadline to go back to work and so now I have no money. They stopped paying me on 1 Feb but I only found out on 25 Feb. Does this mean I am sacked? HR keep banging on about sending me to OH but I don't see the point. I don't see how I can remain with them with no salary. If I go back they will send me to OH and sack me anyway. I haven't put in a claim to DWP yet but I know I must do something urgently. I feel very bad about how I've treated my firm, but I also feel angry at how they treated me which led to all this happening in the first place - expecting me to do hours of work at home on top of my weekly hours. I have family commitments and just didn't have the capacity to do this and the pressure all got the better of me. I desperately need some advice here as I've never been in this situation before. I still have all their equipment, laptop etc, and files and unfinished work which they have told me not to do. I might lose my home over this as I cannot pay my rent. Help! thank you
  7. Hi My 19 year old son was sacked for poor performance 16 months into his 3 year apprenticeship. He was given 15 minutes warning of his disciplinary hearing and no evidence in advance. No notes were taken and his companion in the hearing was told to make no comment. No notes were taken and when i asked for a copy of the notes they should have recorded they cobbled together a 9 sentence document (spread over 3 A4 pages) as a supposed record of a 20 minute meeting. It takes 1 minute to read. My son was stunned as he had received no verbal warnings and thought things were ok. 2 days later when his wages were due the company paid half his wages. When i called up they said the money was just not there and everyone had received half their wage. He received the balance a week later. In the following week 5 other members of staff were made redundant. It became quite clear that he was removed because they thought he'd be easy to get out because hes just an apprentice. Obviously the company is having financial problems and reducing the wage bill. We wrote and asked for evidence of his poor performance as the phrase itself is ambiguous and the MD wrote back saying they had no more evidence and disagreed the dismissal reason was ambiguous. 4 days later the same MD chaired my sons appeal and will decide if his dismissal is fair. We have appealed because they did not follow ACAS procedure in the initial hearing and he had no warnings before instant dismissal. Awaiting decision. Any help please, we are desperate. Can he go to a tribunal with only 16 months service if not are any other avenues open to us
  8. Hi, My daughter has been working for a relatively small firm for 8 months. In all this time she has felt as if she was being bullied by one of the managers. It got so bad that she raised a grievance against him. In her letter documenting this she included examples of bullying and she also got statements from other members of staff which showed she was being treated differently/unfairly. She received a letter on Tuesday saying the grievance wasn't being upheld. No surprise there, the manager doing the bullying has been there a long time and is friendly with the owner. She was advised she had 7 days to appeal the decision which she was going to do. She went to work this morning and was told 5 minutes before her finishing time that she was sacked. She has to wait on the official letter stating this but was told it was because of absences and arriving late. She was spoken to about the lateness in December and was told if it didn't improve she would be disciplined, she hasn't been late since then. Another reason given was the sending of joke emails to her co-workers but everyone in the office did this. They were all spoken to about it and nothing has been sent since. Can she just be sacked on the spot or should they have to go through a disciplinary process? Is it a case of her only working there a short period of time so they can do what they want? Any advice welcome.
  9. I have a sick note saying from the drs that I have anxiety and depression and am I'm in quite a bad way tbh. I feel quite unwell but my manager is being awful about it and says she will sack me. Now I've been looking online if I have any rights and read this... I’ve had to take time off work due to mental illness, can I be fired? Or not paid? No. It’s illegal for your employer to not pay you, or fire you, if you’ve had to take time off. Make sure you read your company’s sickness policy, as what you’re entitled to differs from company to company. ----- Source: http://www.thesite.org/work-and-study/workers-rights-and-pay/mental-health-at-work-1359.html So can I take her to court if i get sacked?! Where do i stand?
  10. I am very worried In October my partner was dismissed gross misconduct. He was accused of company theft stealing a large amount of money (he worked for Sainsburys) he was investigated by his employer numerous interviews with a witness in the room taking notes. CCTV was shown of him attending to his duties this is the point where he was accused of stealing (May I add he did not do what was accused) Eventually it was determined that they had to dismiss with immediate action gross misconduct. At the time of dismissal they stated that police would be involved. No police have been in contact with my partner since his dismissal in October. A couple of weeks ago he received a phone call from DWF the lady gave her name and reason for calling was to notify him of a debt collection for the sum of £1400 she said his employer had contacted them to recover the money. She even asked my partner on the phone if he did actually commit the theft which I think is extremely unprofessional and wrong. Are they actually allowed to ask such a question to him over the phone? He of course denied it as he did not commit the theft. She stated that a police officer had been involved with the investigation which is completely false, he told her this. We still have all his notes taking during the investigation with employer. No mention of police officer in the notes my partner has never met said police officer. At this point she became confused didn't know what to say. She said that she would have to call his employer to speak as things weren't adding up. She then added that he should expect a letter in the immediate future. It's been about 3 weeks since this phone call and still no letter. I have been worried to death it's been a hard time (Christmas) I have two children as well. I am frightened to death of bailiffs turning up at my address. Do you think we should contact the lady who called from DWF, still have her number. Any advice, guidance appreciated.
  11. I am a very worried about getting sacked. If I got sacked, will I ever get another job?
  12. please can anyone help me, At 6.50pm today (20/10/15) I was sacked on the spot - no warning, investigation or suspension. I have been there for 13 months, I have done nothing wrong. I made a complaint that my line manager was bullying me 2 weeks ago - then out of the blue I am sacked for lacking the skills to do the job? no warning, capability or ever has this been brought to my attention before. Do I have any rights? I have been offered 2 options and have until 7pm tomorrow (21/10/15) to decide. a) be sacked with 2 months pay, or b) resign with 4 months pay. there is no reports of paperwork, these will only be given if I accept being sacked? I have done nothing! help x
  13. Took a job , I do not have the tech skills for, No time to learn on the job I am under pressure, the company is 2 guys and feel like I have let boss down, anyway if the guy lets me go after 10 days working on the grounds that I do not have the skills to do job will I still be able to claim job seekers ? Pretty worried so ideas much appreciated
  14. Hi all, I recently gained employment with SKY in a retail store position, part of the application process was to give my consent, to what i thought was basic disclosure (disclosure Scotland) I was sucessful with my job applicatrion and was offered a formal contract of employement, wich i accepted. I had to travel to luton for a 2 week residential induction course, fully paid and my official start date of my employment was 08/06/2015. I was 3 days into my course and on the afternoon of of the 10/06/2015, just before the class of 11 were leaving for lunch i was pulled aside and asked to come into the office. In the office i was summarily dismissed for a couple of convictions that happened in 1993 showing on my CRB, im 40 years old, these happened when i was a foolish 18 year old, i got caught in a stolen car and got 6 months imprisonment for theft and taking vehicle without owners consent. This was the last time i got into any kind of trouble and i like to see myself as a conributing member of sociaty with a family and even a full clean driving license. Ive held previous posts that required a CRB, ive worked for Virgin Media, British Gas and as a load engineer, british gas and Virgin were sales roles, all the Basdic disclosures came back clear. so i only asume Sky performed a Standard or enhanced disclosure. I tried to explain to the Manager of Sky that i believed it was my right not to disclose this conviction as it was spent for a number of years, i was just dismissed out right and wasnt even given the opurtunity to appeal. Of course i was very upset, i felt humilited, ashamed and has left me in deep financial crisis. I contacted My area manager, i also phoned the HR department voicing my concerns. Sky admitted fault once there legal team looked at it and offered my position back. I told them i didnt want to work for them and refused, as i felt it could harm future prospects of promotion and left doubts in my mind, i wouldnt feel comfortable, i felt ashamed and embarrased that my employers knew and it just wouldnt feel right to work for them. My question is this, my understanding is, is that they broke the law by performing a Standard or enhanced disclosure as its just a retail job and doesnt come under the exempt list according to the rehabilitation act 1974, it also invaded my privacy, and its also left me up the creek with no paddle financially aswel as the emotional impact. It was a long winded requiment process and all in all it was 2 months from applying to starting, during that time i declined other offers of employment as i wanted to work for Sky for ages and was really exited about the job. I contacted ACAS but they cant do anything, does anybody know who i can go to, as i would really like to claim compensation, like ive said, me and my family are really struggling financially at the moment so i cant afford a solicitor, i was only working there for about 3 days so have no rights concerning employment laws, is there anything i can do? Please Help! Thank you.
  15. Hello Guys / Gals, I love coming here as there is people that give expert advice, and if followed you can save a scrape or two. I have a mate that works a 6-2, 2-10 pm shift, on this day he has gone in early at 5:45am. He has had a few beers that day before and someone has smelt alcohol on his breath. He has suggested that there is some harresment from some fellow employees. Anyway, he has started work at 6am but got breathalyzed at 6:15am. This had a reading of 36... 1 point over the 35mg limit... West Yorkshire Police do not Prosecute anything under 40mg My mate had, mouth wash and Benylin which apparently can bump up dodgy lion 500 Alcometer readings. They only give one chance on the blow meter, instant termination.... Does he have a chance? He got set on the books, but not been there 2 years.... Ideas?
  16. Hi I filled an appeal after an unjust decision. I wrote to my employer listing 56 points of bullying breaches of employment law etc. My appeal is Thursday but they won't hear new evidence. I'm only going as it's part of the process. they'll not overturn which is good for me as it's tribunal all the way. I just want to know, do I tell them I will take them to court, do I show my hand etc etc I'm going on my own, they don't scare me anymore Got a new job and loving it, if they overrule I'll resign anyway. Shall I tell them that. These are a council, been very naughty Thanks
  17. Long story short - Apart from the company evading tax by telling staff they are paying a cash 'after tax' figure, none of the staff including my father ever received payslips. And the P45 he received indicated a lower amount than what I was paid. His new Manager was taking over, which was the owners son. He told my father to not come into work a few weeks ago, and would talk to him the following monday as he felt that my fathers heart wasn't in it anymore, and accused him at the same time of passing work over to another rival company. My father went in but recorded the conversation, and was told he was letting him go. The new manager felt that my Fathers heart wasn't with the company anymore, he had handed work over to another rival taxi company, and he was caught smoking inside the premises. - My father only ever phoned another firm to hand work over when he didn't have enough cars on a nightshift to cover the bookings he had. - My father did get caught smoking in the office, but everyone smokes including the drivers and two owners. He supposedly got a verbal warning for this. However, no written warnings were ever issued! Despite my Father being a Taxi Controller there for over 7 years, and a driver previously for 7 years - meaning nearly 15 years of service to the company. I have 3 main gripes: - No Payslips ever given. - P45 indicating less earned than what I was paid, suggesting possible tax evasion. - Unfair dismissal. I feel he was dismissed because he was infact one of the highest paid controllers, on nearly £100 a week more than others, and they wanted rid. However, they did not follow procedure. I was very rarely ill. Never had days off. And they sack me on the spot for pretty much no reason, with no verbal or written warnings!? Does anyone know where we stand with this? We have recordings of the conversations etc. Thanks in advance, Tony.
  18. Saw this on the Mirror website http://www.mirror.co.uk/news/uk-news/iain-duncan-smith-hauled-out-3848022 Took them long enough. Do you think he'll cry?
  19. A friend has been told if he doesn't his a sales target by tomorrow, he will be sack. Was said verbally in one-to-one meeting with his manager. He started in mid December on 3 months probation, then moved roles (a promotion but no new contract) and had his probation extended to 6 months in total. He has now been there 6 1/2 months but hasn't passed probation. According to contract, probation is up to a maximum of 6 months. If/when he is sacked on Friday, is in one week's pay (as per probation) or 1 month due to being there past maximum probation period? Thanks
  20. Hi old poster here but had to go by different user name for this because it would be as plain as the nose on your face who I am employee on holiday (common knowledge they are abroad) while on holiday letter sent by recorded delivery letter inviting them to an informal meeting regarding there lateness and sickness at the start of there first shift back obviously they didn't get the letter (there was a card from the postman but didn't have time to go collect it ) can they say in there appeal letter I was not formally invited to a disciplinary meeting in writing
  21. Hi all, I started a job a few months ago and had no problem with Epilepsy for ages but a month into the job I started having a few issues (seizures) with it. After a week my employer asked me if I had had any medical issues that they should be aware of and I told her no as I thought it was just a blip and had a bad experience at a previous job once they knew about it. I'm going to tell them now after having a few days off so they know in case it continues to be an issue but my worry is, can they sack me for not telling them about a disability when asked? Thanks
  22. Hi I wonder if any of you could advise on the following. My Neighbour started a new job 6 months ago, on December 1, 2013 the company split it self in 2 & formed a new company . She was Tuped over , with out consultation, no meeting or given any new contract. After a lot of thought she decided too hand in her resignation [ one weeks notice] effective from 6/1/2014. Today she was given a letter stating that as from 24/12/2013 her contract was being terminated. Is she being sacked?, having already given notice can the company then terminate her employment ?. She has never seen her new terms & conditions, been consulted on the hand over or been kept informed . As she had already decided to go , she feels it is a point of princeable to honour the notice period she gave & technically if a new employer makes checks , then she was sacked. Is there any action she can take to enforce the notice period she gave them. She is also being asked to train the new person who turned up today to replace her.
  23. Hi, my grandson has been working through an agency, he was sacked by the agency recently even though he produced a sick note, is this allowed. Surely this can be classed as unfair dismissal.
  24. Hi guys My question is can i be sacked even though i have 2 sick notes signed by my doctor over the past 5 days ive had viral gastroenteritis and ive had the worst pain in my stomach with than ive ever had before i defiantly could not go to work. Luckily now im on day 6 and im not far better not 100% but im getting there and hoping ill be ok on Friday when i return to work. Basically my sickness started 22nd November until 26th then i still felt crap so went back to my doctors where he signed me off for a further 3 days 26th - 29th. Basically my question is even though ive been off for a total of 7 days they get rid of me, i started my job in telecoms for a contractor back in June since then ive had 2 days off in that 6 month periods for small illnesses but returned to the job the next day.
  25. Hi all, Im after some advice. My wife has just come home from her job as a hairdresser and has just informed me she has been sacked. The reason for sacking was apparently she has turned clients away who have rang up to book an appointment. She says the only times she has turned clients away is when all bookings are full or during her scheduled lunch break which I would say is acceptable. How can you tend to a client when your either busy with another one or on your lunch break. The owner of the hairdressers has gone on holiday today and instructed the next in charge to see my wife and tell her she is sacked without notice, he says this is grounds for gross misconduct. They apparently have proof but only the owner has it?? Firstly how can you prove that unless the phone calls are recorded?? My wife wasn't given any chance of defending herself and was told only at the end of her work day and not to come back on Monday and all paperwork would be done when the owner has finished his week long holiday. My wife has been employed by them since July last year and as such hasn't completed 2 years service which needs to be done for an employment tribunal. And has pestered them for a contract which still doesn't have. How can the alleged offence be classed as gross misconduct and how can they not allow her to see the 'evidence' which they say they have?? Obviously will be contacting acas and citizens advice on Monday Any advice will be greatly received. Thank you
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