Lots of problems

[just a number]

I work for a fire & Rescue authority, in started in june 2006 working retained (part time) and moved into wholetime (Full time) in 2007 – September.

Since 2007 I have 2 contracts one full time and one part time – In essence I work around the clock 24/7.

 

I submitted formal grievances in 2007 due to bullying and harassment which were ignored. (The group manager assured me he would look into them and did nothing)

The grievances were regarding the way I was been treated by managers which included being verbally abused at work, in front of other staff, being excluded from work – fellow staff agreeing to start work 30 mins earlier so that they could leave before I arrive etc.

 

During early 2008 the assistance chief fire officer (2nd in command) made the comment that it would be cheaper to find something in which they can sack me for and pay out at a tribunal than it would be to investigate bullying and harassment. (said infront of 2 union officials – one being the union chairman)

 

In march I was told that I have to move stations and I was now posted 50 miles from my home and would need to provide evening and day cover.

 

I put a grievance in which was looked into and agreed that they would supply a brigade house next to the station which I must move into. If I did not accept there was no position for me anymore.

 

I accepted and was then told the house is not ready yet.

 

I booked myself as sick in October 2008 due to work related stress and depression due to the continued bullying and harassment.

 

Since then the house is still not ready so in December I handed the case to a solicitor for breach of contract. Namely the fire authority agreed a contract to supply a house and because one was not supplied it caused me out of pocket losses.

The fire and rescue authority agreed in writing that they are in breach of contract and said “ how much?”

 

I pushed the grievances for bullying and harassment which finally they started to investigate in october 2007. (I still have no response to them on this)

 

Since October 2007 they have come up with allegations to me being:-

Mileage claims (My claims for distances seem to be high. Approximately 5-8%

I refused to mobilise in the appliance as there was not 1 competent firefighter on board. (The rules set down by government state that at least 1 competent firefighter must be on board)

 

They have now reduced my pay to 50% (the policy states work related is paid for 12 months) They say they do not believe my doctor or the works doctor who have both assessed me.

 

What can I do?

[Hebweezle]

Hi there

 

What is your solicitor doing in respect of breach of contract?

 

Have you spoken with your union officials regarding this matter - what have they said?

 

Why has it taken so long for your grievance to be heard when they have 28 days to respond and yet from your notes, they haven't met with you?

 

I would strongly suggest that you speak with your union rep and solicitor immediately to find out what is going on.

 

Let me know how you get on

 

Heb

[just a number]

Thanks Heb, i was wondering if anyone was going to repond to my posting.

 

What is your solicitor doing in respect of breach of contract?

The solicitor has written to them giving 28 days notice before action.

A response was received some 40 days later saying "my client would wish if at all possible to negotiate an amicable settlement in this matter and accepts that some payment is due to your client"

They have also asked me to clarify some facts ref. out of pocket expenses which i have just responded with evidence.

Have you spoken with your union officials regarding this matter - what have they said?

The unions are fully involved and are amazed how many policies and laws are being breached.

Their view is to take the cases all the way. (Constructive dismissal, breach of contract in relation to no house, breach of contract in relation to grievance policies, bullying / harrassment / victimisation / exclusion) Sick pay not being paid etc. etc.

 

Why has it taken so long for your grievance to be heard when they have 28 days to respond and yet from your notes, they haven't met with you?

Their response is that it is being investigated fully, the investigation is being undertaken by an outside department who responds to HQ. Their investigation was concluded in feb 2009 so i guess it is sat on someones desk at HQ. I have more than 30 seperate grievances in relation to the breaking of policy on their side which have not been addressed.

 

I would strongly suggest that you speak with your union rep and solicitor immediately to find out what is going on.

 

Let me know how you get on

 

Had an formal grievance hearing where i presented sick notes stating "work related stress and depression caused by the fire brigade" and the works doctor which states "suffering from work related stress caused by bullying and harrassment at work during the previous 2 years"

Hey ho, the grievance was turned down.

I appealed and have been given a date for 11 days after my appeal request (policy is 7 days)

 

They have said that the appeal will be chaired by director and the assistant chief who heard the formal grievance will be present to ask questions / present the case.

I have gone back to say this is against policy and clarified that it will be heard by the director and he will only use information which was used within the formal stage.

 

I have also posed the question that IF management do not accept MED 3's (Doctors sick note) or their own work doctor's assessment for me then is this the case for all 900 members of staff?

No response as yet.

[Hebweezle]

Blimey, you are in it good and thick.

 

I would suggest that you do claim for constructive dismissal as your union states that you do have a case but you will need to wait until your grievance is completed. Bit of a bummer I know but rules is rules.

 

In terms of your sick notes, has your gp or works doctor ever documented "reactive depression"? This is a code word for workplace bullying and could be crucial in any tribunal however, all the doctors have to go on is your word about how you feel and what's happened and that's how your work will view it.

 

Whilst I understand that you are very angry about how you've been treated, you will need to hold back and only give information as required. Issues relating to what could affect other members of staff is something that a solicitor would use in a tribunal.

 

Additionally, have you started a personal injury claim yet for your stress and depression? Your union's solicitors would be able to assist with you on that one.

 

I suggest holding back and wait for the grievance hearing to be completed and then see what happens. Usually, when it gets to director level, they tend to see the bigger picture.

 

Let me know when you've had you're grievance and the outcome.

 

Keep your chin up

 

Heb

[just a number]

wow 2 reponses in a day,

 

I am not holding my breath for the appeal, it has already been said that the appeal would be declined. Which is why i forced it to the director of the county council as opposed to the chief fire officer.

 

However the breach of contract went the same route and was denied at the county council director level mid last year (after he had heard my case and then after the appeal hearing contacted members of staff in the fire service (without my knowledge) to get futher information which they provided incorrectly (Blatent lies) (Which i was therefore not able to point out before he made his decision!))

[Hebweezle]

Hi There

 

If this is the case, and your union has stated that you have a cast iron case, along with your solicitor, I would suggest that after your grievance has been heard, that you do go to a tribunal as it does seem from what you're saying that the procedures haven't been followed correctly and that you've been treated not well at all.

 

Let me know how you get on.

 

best wishes and don't forget, you're not alone in this.

 

Heb