Advice for a Grievance

[Zharukkal]

Hi All,

It's my first time posting here and I'm looking for some advice. I've been working for the same company for over a decade. I have a excellent record with no disicplinary records at all.

Several months ago I spoke to the assistant GM and asked to work a set shift pattern as this helped with the insomnia I suffer from, the AGM readily agreed and for several months I have never been happier.

Until six weeks ago when I had to go into hospital and have an operation. I spoke to the GM before the operation and after some discussion he agreed to pay me company sick pay for the time I would be off work. I was given a sick note for two weeks by the surgeon and when I returned to work I found out the GM had only paid me for seven days out of the ten days I was absent. I spoke to him about this and he agreed to pay me the difference though he offered me no explanations as to his actions other than to say that he didn't have to pay me for the time off at all if he didn't want to.

Also, at some point during the two weeks I was off work the GM spoke to the person responsible for the rotas and told him to change my shift pattern as I didn't have a letter from my GP. At no point was I consulted about changes to the times that I work or even the reason as to why they werre changed.

I couldn't talk to the GM about the changes as he was on holiday so I had a meeting with the AGM and he reiterated that I would need a letter from my GP to change the shift patterns back to how they was.

A few days later I had a letter from my GP stating that working 'x' shift pattern would be advantageous to my health which I handed in to the management team and waited to see what would happen. One week after handing in the GP's letter the GM states that he would not be honouring the letter from the GP, instead I would have to have my medical records opened up to the company HR department and that I would also need to see the companies doctor before he would even consider changing the shift pattern back to how it was. Which is pretty much how things stand at the moment.

 

I am aware that the GMs actions are within company guidelines. However, there are many people where I work that have a set shift pattern, some even have the same pattern as I had. Yet I am the only person who's shift pattern has been changed and I am the only person who has been asked to produce a GP's letter or to see the companies doctor ect.

 

I would appreciate any advice on how to resolve this situation.

 

Regards,

~~Zhar

[GlasweJen]

Well Zhar my advice would be as follows:

 

Get a grievance in writing and send it recorded post make sure you put in all the points you mentioned above, details are good i.e I spoke to Mrs Ima

Manager on dd/mm/yyyy regarding XXXXXX and the outcome was ZZZZZ.

 

Also consider adding in some of the following:

 

1.Ask who rejected your GPs letter, on what grounds was it rejected and what are the qualifications of the person who rejected it?

 

2.State that you will only hand over the relevant bits of your notes to someone who you are completely satisfied is qualified to read and understand these i.e a fully qualified doctor.

 

3.Go through the medical check but take along your own doctors notes in the form of a letter and make sure the company doctor who doesn't know you at all doesn't try to rediagnose you with some other problem. Your family doctor knows you best!

 

also, a small addition

Read the disability discrimination act and see if it applies to you (i think there's a chance it could but obviously I don't know your medical background). If it does ask your employer to change your hours as a "reasonable adjustment" in writing using a GP letter for back up. If you fit the description in the DDA and your GP agrees and your employer refuses a reasonable adjustment he is breaking the law.

[paulgmb]

Hi Zhar,

 

as above put any grievance in writing but first obtain a copy of the companies grievance procedure which will help you. Keep copies of everything you send and receive.

 

Check your contract of employment. Is there a company sick pay scheme?

 

Jen is right, your employer should make reasonable adjustments.

 

Looking ahead, consider the grievance meeting. Are you a member of a Union?

 

If so contact them for advice and representation at the meeting. If not, give some serious consideration to joining one either via the TUC website or mine which is a general one (so covers most occupations) Home

 

It is not unreasonable for an employer to request access to your medical records although they must have a good reason to do so.

 

There will usually be at least 3 stages in a grievance procedure so if you don't get anywhere at stage 1 you can take it to the next stages. Make sure the company stick to the timescales which will be in the procedure.

 

Finally anyone who has had prior knowledge or involvement cannot hear the grievance although they may be present at the meeting and each stage should be heard by someone more senior to the last.

 

good luck, regards,

 

Paul

[Zharukkal]

Thanks for the good advice. Have another meeting with the powers that be tomorrow and will get that grievance filed asap.

 

Cheers,

 

~~Zhar