Need urgent help with with employment problem!!

[mathew2009]

Hi,

 

This is my first post and I really need some good advice.

 

I've been working for the same Compay for over a year now, it's a Restaurant and I'm a cook.

Yesterday the place was overstaffed so I called ny boss and asked her if I should make the afternoon one of my half days off, she said yes it does not need to be overstaffed so go home.

Another girl that works there started throwing a paddy fit about this and she called me a fu@@**g pilla*** in front of customers and other staff.

I went to leave the building and she still carried on a barage of abuse aimed at me to which I commented on her size (I know this was really stupid but she was really attacking me) I then left the building.

The girl then followed me outside and shouted that "one of two things are going to happen" In a threatening way.

I went home and spoke to my employer later on that night and explained what had happened. She said she would be speaking to the other girl later.

At 3am in the morning last night I got a txt message from my employer telling me not to go to work today. I replied asking why are you sacking me? She said no I'm suspended on full pay.

She then prooceeded to give me a barage of abusive txt messages, upset my girlfriend who is 38 weeks pregnant and has made it near enough impossible for me to return to work.

I've told her that I will not accept being treated like this and will take it as far as I can to which she has replied by saying that she will get staff from work to give statements saying I've bullied them and get me out that way.

This is totally untrue and a complete fabrication, I've never had any discipline at work, I've always got on with my coworkers apart from the silly little argument that sometimes happen in a busy kitchen.

I've been given no reason for my suspension and the other girl has had no discipline.

I thought that me and her got on but I was obviously wrong, she is quite a bitter person and seems to have had it in for me from day one.

 

I have called ACAS and they have told me if I'm suspended it will be on full pay until I'm either sacked or resign.

But I do not think that my employer will pay me or give me a disciplinary hearing which is the correct procedure.

From what has started from a silly argument has left me in pieces and really upset my partner, we do not know what to do.

This has made it near impossible to return to work and I'm being pushed out.

What can I do about this? Is there any way I can claim damages for defamation of character and the way my employer is treating me and handling this?

I believe my employer was drunk when saying this to me last night but is this allowed?

Where do I stand and what do I do? My girfriend is due in 2 weeks and I'm worried about what will happen.

 

Thanks for any advice given.

 

Mathew

[raydetinu]

Wait and see what happens when they write to you or ask you to go in and discuss the problem; or request a meeting to discuss what is going to be the conclusion. dont be too hasty! they can just make you redundant and it wont cost them anything as you have been there less than two years. What does your contract say about discipline and hearings/waarnings etc.

Constructive dismissal is another point to consider.

Dont do anything too hasty, stay calm.

[mathew2009]

Hi,

Thanks for your reply.

I do not have any sort of contract, nobody does who works there.

[raydetinu]

Hmm! If you are permanent staff, work more than 16hrs a week and they deduct tax etc. They must by law give you a contract of employment, within 4 weeks of starting. this will state your duties, terms of employment, conditions etc.

You can raise this when you meet as an aside dont make a big deal but may be useful if you go to an employment tribunal. check ACAS site for what an employer must abide by etc.

[mathew2009]

Yes I work more than 16 hours per week.

I was doing 30 hours until my hours were cut by 10 to 20 hours 6 weeks ago with no reason or explanation behind it. Another way they have tried to push me out.

I've called them today and they won't return my calls, I've asked for them to put my suspension in writing but they seem to do as they please without any official and proper way of doing things.

[raydetinu]

You must speak to ACAS tel. 08457474747. very quick response, you get through to an advisor straight away; they are the experts in employment

[Guest wino]

Hi Mathew,

Make sure you keep your text messages.

As raydetinu says you should have a contract.

Do you have proof of the hours you have worked hopefully 'wage slips'?

[mathew2009]

Hi,

 

I've kept most of my wage slips and you can see the drop of hours clearly.

Also I have my P45 for last year which does not coincide with what I'm earning now.

ACAS have said I'm suspended and it must be full pay but I do not believe they are going to pay me at all.

Can this be done legally?

[greendollar]

Although it doesn't help very much the company has to follow certain procedures,keep a record of EVERYTHING that happens to you..it will be invaluable if you are dismissed.Try to get everything in writing and any correspondence from yourself should be done by recorded delivery.

I worked for a multi-national company who only paid me what I was owed when they received my claim from the Employment Tribunal so don't be under any illusions that the company will pay up.....they most probably won't until you show them your serious.