my wife having major problems at work.help please

[mjr001]

my wife works a nightshift for a nursing home, doing 3 days a week, there are 4 staff on each shift. she is having problems with one of the other staff on her shift where she is constantly being accused of doing things wrong she has not done. she also has remarks made to her as she is working with this woman and it seems to me as if this is victimisation. there is a manager on each shift and 3 staff, my wife being one of them. the woman that keeps accusing her of doing things wrong works nearly every day and does the same thing to other staff on other shifts, the woman in question goes above her manager straight to the owner of the company and complains.

the nursing home has roughly 30 staff working for them and everybody is scared of this woman who keeps making false complaints, everyone including her manager agrees that my wife works very hard without doing anything wrong but the higher management keeps calling my wife in to the office and accuses her of things varying from doing washing duties wrong(which she does not) to this woman in question complaining that her car has been damaged by my wife.

the owner of the company has now told my wife that she wants her to swap her shift to day shifts instead which she does not want to do.

there are half a dozen people looking for other jobs because this woman in question gives them problems as well.

sorry this a long post but does anyone know where my wife stands on being falsely accused of things and what i could say or write to the management and where she stands legally on this.

this is really starting to get my wife down as she is on the verge of going to the doctors over it because of stress

any help grateful

[Pab10]

Hi Mjr,

First thing I'd tell your wife to do is to ask her employers for a copy of their grievance procedure. If she can convince others to do the same then all the better.

Raise a grievance in the correct manner and see what happens.

HTHs.

[orfoster]

You may also be able to take out a collective grievance, this has its advantages and your wife won't feel on her own.

 

Is she in her union for her sector of work?

 

Please have a look at the ACAS website, they will help you with different guides on proceedures. Your employer has to have one by law.

 

She needs to keep notes and so do the other staff who are experiancing problems. They must list events, dates and times, what happened and who saw it happen.

 

This sounds like bullying to be honest.

 

Don't worry and stay calm, she needs to make her notes of events as this will be used.

[mjr001]

my wife has been filling out a diary of all instances that have happened, she has been to the management many times to report things that have happened and has also shown them her diary but they seem like they dont want to know, i beieve shes on the verge of a nervous breakdown, what should i do once i have a copy of their grievence proceedure ?

many thanks to all that help

[orfoster]

She needs to visit her dr if she is feeling stressed even if it is just to make them aware incase she needs to take time off over this.

 

Please see ACAS website for lots of information on this, the more reading up you can do on issues the better.

 

Acas - Advice leaflet - Bullying and harassment at work: Guidance for employees

 

Stop Bullying at Work & Dealing With Bullying at School

 

National Bullying Helpline, help with bullying of all descriptions

 

Discrimination at work : Directgov - Employment

 

There are lots of websites that can help you.

 

From lots of experiance management do tend to take a back seat on issues until they have to when the grievance is taken out. It would be really handy if she did join a union or get full support with a collective grievance with her other colleagues.

 

Have Personnel (HR) been informed about this? Your wife needs to ask them if they would accept a collective greivance or whether each member of staff would have to take out a seperate one.

 

These issues are always really tough to get through and can get nasty in view of investigations etc, however if your wife is able to display a list of events and other colleagues are having the same troubles she will be fine.

 

My question is why are management not doing anything to help support the staff? They need to be meeting with your wife and the others to explain the bullying & harrassment proceedure and to provide support.

 

Tut tut

[elche]

Hi Mjr001

 

1) This is not victimisation - in the legal sense - bullying perhaps but not victimisation - victimisation is defined in law as:

 

Victimisation is a term used in discrimination law to describe action by an employer, against an employee, in retaliation for initiating complaint proceedings.

 

Examples include refusal to promote an employee because he or she had invoked a grievance procedure, or for giving evidence against the employer at a tribunal.

 

see - your rights: What is victimisation? - from workSMART.org.uk

 

Thus, she should ask for a copy of her employer's bullying and harassment policy

 

2) How long has she worked there?

 

Che

Edited February 4, 2009 by elche

[mjr001]

she has worked at the company since aug 08, but had worked there before via a nursing agency over the last few years, the management were very happy with her work they offered her a full time position

[mjr001]

she has a part in her contract that says any grievence has to made verbally to the owners (which she has already done) and also put into writing. could someone give some advice on writing the letter, or some sort of template that could be edited to suit.

[orfoster]

Yes again she doesn't currently have employment rights in her post as she hasn't served 12 months service with the employer.

 

However, this may not be a problem if the employer is happy with her work and your wife does have issues with another member of staff and others are supporting her.

[elche]

she has worked at the company since aug 08, but had worked there before via a nursing agency over the last few years, the management were very happy with her work they offered her a full time position

 

Well, in law, continuity of service is presumed, thus it will be for the employer to show that her previous role, did not count in this respect. So, she could be viewed as having service that post dates Aug 08 - BUT - there are not enough facts to determine this, and I think it somewhat detracts from your question.

 

Assuming that service is under 12 months, my advice is, think carefully about the potential repercussions of making complaints about fellow employees

 

Does the problem employee have over one years service?

 

Che

[mjr001]

the woman who is harrassing my wife has been working at the company for 9 years, but another woman on the same shift who is one of the managers has worked there for 20 years and is having the same problems as my wife, she is also getting complaints about her work, damage to cars etc, etc.

the owners of the company just seem to be believing the harrasser instead of the people being harrassed.

[389shell]

Sounds to me like they cannot be bothered addressing the problem. Have the other members of staff approached the owners? What about a letter off everyone she is affecting?

[mjr001]

yes other members of staff have also complained verbally to the owners about this woman, still nothing done and some others have also resigned due to problems with her

[389shell]

I think maybe your wife should approach the other staff and sound them out about a joint complaint done properly, surely they cannot ignore that.

 

It must be really awful working in an environment like that, she has my sympathies.

[orfoster]

I think maybe your wife should approach the other staff and sound them out about a joint complaint done properly, surely they cannot ignore that.

 

It must be really awful working in an environment like that, she has my sympathies.

 

Yes a collective grievance (as long as HR is willing to accept it) wouldn't cause any individual and grief as it would be a number of people making equal complaints. They wouldn't likely single her out.

[tumble]

I feel like the employers are being rather reckless in their attitude to their grievance procedure. If a number of employees of longer terms are leaving as a result of this womens behaviour they could get stung at some point with a constructive dismissal claim which can cost thousands if they are taken to a tribunal . The best people to speak to is acas . The twelve month rule does have it exceptions and acas will give you the best advice .

[myself01]

she has a part in her contract that says any grievence has to made verbally to the owners (which she has already done) and also put into writing. could someone give some advice on writing the letter, or some sort of template that could be edited to suit.

 

please BE CAREFUL!!!! My job contract said exactly the same and when I raised my grievance, my employer denied EVERYTHING because my complaints were verbal. If her contract says to raise verbal grievance, please tell her to do it into writing. Empoyers don't seem to have any interest in solving matters, as sweeping dust under the carpet seems to be much easier!

[ajax95]

A collective grievance (as long as HR is willing to accept it) wouldn't cause any individual and grief as it would be a number of people making equal complaints. They wouldn't likely single her out.

 

I think this is the best thing your wife can do. If nothing else, it will be harder for the management to ignore if your wife and her colleagues band together.

[tumble]

I ll speak to my brother tomorrow he is a union rep and deals with grievances on a weekly basis . I am busy this weekend but ill do my best to post back. On the other side of the fence theres me as an employer . Please do ring acas they provide an excellant service for guidance both to employers and employees.

[orfoster]

How is it going? Any update on things?

[mjr001]

my wife is a nursing assistant at an old peoples home, she started working there about 3 years ago as a stand in for people who were off sick, holidays etc through a nursing agency. about a year ago they said that they wanted her to work for them full time, she agreed but she only wanted to work 3 nightshifts per week. they agreed and said she could do mon,tues and fridays. this has been the same for the past year but now a new manager has said she must work every other weekend instead.

 

my wife thinks that her contract only says about the hours she must work and not the agreed days that she has been working for the last year, can they change her days of working to involve weekends ( does custom and practice come into it) or has she not got a leg to stand on ???

[Guest Old_andrew2018]

IMHO your wife should check her contract, or company handbook if there is one, when you say weekend working is that day or night shifts.

Here is some information which might prove useful http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

 

Regards

 

Andy

Edited May 12, 2009 by old_andrew2007
link added

[mjr001]

my wife works as a care assistant in a nursing home, she has considered leaving this job for a better job doing the same line of work. other people she works with, and people who have left before have all said that the owner of the nursing home will not give my wife any of the certificates for the numerous courses she has passed since being employed there if she decided to leave. is there any way i can write a letter if she decides to leave to be able to get her certificates off the current employer ?

 

i have spoken to many different people who say that the employer should have photo copied her certificates for their records and given my wife the originals already.

 

she went for an interview today and they asked about qualifications and obviously my wife said she passed all the courses but never had any proof as her current employer has them.

 

any help grateful

 

regards

Mark

[elpulpo]

Not a problem I've encountered before.

Off the top of my head, I'd have thought that the certificates were your wife's property, as the body that awarded the qualification to her, not the employer. I might be wrong.

I can't see why you can't write to the employer and request you be provided with the certificates.

Was there any arrangement that your wife has to pay for the course fees if she leaves her job within a period of time?

[Bigredbus]

The employer must provide your wife with the originals and, if necessary, keep copies of those certificates in her employee's file.