pregnant at work- dilema

[farmlama]

i think as S has been moved on then possibly, i may want to step down from my position though as i dont think i want to be in that situation again

[mr2mr2]

well wait to see what the formal letter offers.

and if you want to go back, speak to your area manager. and see what he says about your issues..

plus you will have everything in letter and know exactly where you stand.

me personally would not just quit at least until i got a full picture of facts and offer etc..

then make an informed decision

[farmlama]

i have never just quit a job before, but at that moment in time i wasnt really thinking properly, i had finished at 3 and phoned my mum and burst into tears as soon as she answer and i realised how horrible i was finding it and just wanted out straight away if you get me

[mr2mr2]

well like you said that "problem" person has gone.

maybe seeing what on offer in the letter is a start for you to "think clearly".

my concern if i quit my job now would be is there another to replace it????

 

also i been to an industrial tribunal with my ex..

and too be honest the experience we had was quite relaxed and we never felt any pressure,

just stated the case as honest and to the best of our ability.

*was cause she was unfairly sacked*

Also the people hearing the case where really proffessional.

[farmlama]

yer that is my concern, i have been scouring the job centre, i had 2 interviews today and both of them said i would have been the perfect candidate for the job if it wasnt for the restrictions on some of the hours i can work due to having the girls and childcare so im a bit worried i suppose that i wont be able to find another job and gunna have to struggle along on income support which is a bit of a hit on my confidence too as ive always had pride that i work hard for what i get

[mr2mr2]

its not over yet..

you got the letter to come.

plus CAB.

so dont be writing yourself off

[RachelMD]

You know? I was going to reply.

Then you put 'lol' at the end of your post.

Suddenly, any sympathy I might have had for you was lost.

lol.

[RachelMD]

If you're confident that the company is truely remorseful for what has happened, and you're confiden that you both can move on, then I'd say take the reinstatement.

The problem here is that if you refuse their offer, you face a real uphill battle to prove that all trust and confidence was destroyed.

Let's hope that they're a decent company who value you and understand that 'doing the right thing' is the best policy (flippin' few & far between!), rather than a very canny, HR savvy outfit who know a valid ET claim when they see one and are inviting you back so they can slowly shaft you.

[Conniff]

You know? I was going to reply.

Then you put 'lol' at the end of your post.

Suddenly, any sympathy I might have had for you was lost.

lol.

 

I think you will find that the 'lol' is in reference to it being an 'essay', not in reference to the subject.

[RachelMD]

I think you will find that the 'lol' is in reference to it being an 'essay', not in reference to the subject.

It's still not acceptable, Conniff. You site team need to police these things, or CAG will end up like facebook.

[farmlama]

yes the lol was reference to the essay and me trying to keep upbeat in a rubbish situation, not to the situation itself as it has been far from a laughing matter. im still waiting for the letter but will keep you updated

[farmlama]

sorry this a long confusing story and very personal too so i apologise if i am too open but i think i have to include certain aspects to give the full story.

 

i was working for a pub/restaurant chain and was management, i left in june this year after 11 1/2 months service because i was treated badly by the company. when i left i admit i walked out on shift because i felt there had been a breakdown of trust and confidence due to their treatment of me, i had been living on site but moved back home a couple of weeks before i quit and the only possetion of mine that was left there was a sofa bed.

 

i had a grievance meeting a couple of weeks later and my area manager apologised and admitted that i had been unfairly treated and we discussed that i may be offered a new position or my old position back due to the fact that a new general manager was due to start at the site i had been working.

 

this is the personal bit, but relevant to this. the start of july i was sexualy assaulted (the police are dealing with this and he has been charged etc) it was a guy i had been 'seeing' who used to work at the pub but left a couple of months before i did. while the grievance was still being decided as in i may be offered my position back, this guy was re-employed at the premises.

 

i believe that when he re-applied he should have been asked to disclose any convictions/bail etc (bearing in mind he wasnt allowed to contact me and the company may have been offering me my job back there meaning it would be putting me in a situation where it would be impossible for me to return) also this making it extremely difficult for me to return to collect my sofa, also a few of the staff knew my situation including the supervisor.

 

i had arranged a couple of times for a friend of a friend to collect the sofa for me as he had a van but he turned out to be unreliable and kept cancelling. i had also spoken to the supervisor who is now acting general manager so he is aware that i would want my sofa back but had the issue of not being able to collect it myself due to my attacker working there.

 

my sister moved house today and had a van and i asked her if her husband would be able to pick it up for me and he said yes so i phoned the pub and asked if he would be able to collect it after closing as then it wouldnt disrupt service and the acting general manager (the same one who knows my situation and also was aware i wanted to be able to collect my sofa) told me it had gone and he didnt know where.

 

so i suppose my question would be what action can i take, i know it has been 4 months but as they were aware that i wanted it, they didnt have my permission to dispose of it and they employed my rapist making it near impossible to collect it. do i send a letter before action and go through small claims court or would it be something to take to ET?

 

thank you for reading and for any help.

[Conniff]

My personal opinion. Being aware is not the same as being on notice. 4 months is a long time so it would seem the assumption was that you no longer wanted it.

 

Can you put a value on the sofa ?

[farmlama]

the value is about £300 and i spoke with the acting general manager 3 weeks ago about it and he assured me it was still there then, so they couldnt assume i no longer wanted it, and surely if they were to dispose of it in anyway i would have to be contacted before hand to ask my permission?

[Conniff]

This would come under the 'Torts (Interference with Goods) Act 1977'

 

The landlord is under a legal obligation to take care of tenant's possessions and in Tort becomes an involuntary bailee with a duty to act reasonably in regard to the goods left on the premises. The law relating to uncollected consumer goods is covered by the Torts (Interference with Goods) Act 1977

 

The Torts (Interference with Goods) Act 1977 allows a landlord to sell goods left in a property if reasonable efforts to trace the tenant or owner of the goods fail. The Act further states that if the tenant is traced, the landlord must serve notice stating its intention to dispose of the items, how to arrange collection, and that disposal of the items will not begin until the notice has expired.

 

A suggested procedure for legally disposing of uncollected tenant's goods:

• Make every effort to trace the tenant/s to their new address or contact them through any forwarding address you may have.

 

•If you are owed monies you must keep goods for 3 months before disposing of them. If you are not owed money a reasonable period, typically 28 days is acceptable before selling the goods.

 

• Write to the tenant by registered post or recorded delivery with a legal notice. This will notify them that the goods are available for collection and that they will be kept for up to three months.

 

• Make sure your notice clearly identifies you as the landlord and gives full contact details for yourself as landlord and include complete contact details.

 

• If the goods remain unclaimed after 3 months you can sell them to a buyer, who will receive good title to them. The original owner will therefore lose all rights to the goods.

 

• Once you have covered your expenses in this process and any rent arrears etc, any proceeds left over will belong to the original owner - your tenant, if they should turn up and claim within six years.

[farmlama]

yes they had my address and contact numbers and i didnt recieve any notice of any kind

[Conniff]

It would seem that you have a claim against him unless, of course, he has just moved it to another location. You need to find out who moved it and on whose authority.

[farmlama]

when i asked if i could collect it i was told that he didnt know where it was anymore or who has taken it, do i contact the police over theft? or do i just send letter before action and go to small claims court. i know i shouldnt have left it for so long but i have had bigger things to deal with