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dale1988

Notification of investigative interview

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Hi guys,

 

I'd really appreciate any help with these two major problems!

 

I've got two major issues with work at the present moment, I've been given two letters out-of-the-blue regarding issues at work.

 

Long story short, I'd booked a holiday for 7-Days approximately 3 months prior to going, however a week before I was due to go I was told I didn't have enough holidays, and could only take 4 of the 7 days and have the other 3 days deducted from my pay. This agreement only happened once I had shown them a copy of the booking, I've since found out that my eratic supervisor (she's very young/first supervisors role) decided to try and investigate if I was going away, she rang the airline company and tried confirming booking details - I know this because when I found out I rang them and asked for a transcript, they didn't provide one but did say they refused to give out details. Moreover, I started in June last year and I was under the impression my holiday entitlement would start again, I enquired about this and she confirmed vaugely that was the case, so I handed in 2 MORE holiday forms for the night I arrived home and the following day - they didn't get refused, however come the 2nd day of being back in England I had her at my door step asking why I hadn't been in work the past two days, now they claim I have gone AWOL for two days (see below)

 

Letter/Issue #1

 

"Notification of investigative interview -

 

Dear ...

 

Further to our meeting on the 28th July 2009, you are required to attend an investigative interview to be held on Tuesday 4th August 2009 at 4pm, which will be held in room #2. I will be conducting the interview and will be accompanied by...

 

The purpose of the meeting is to investigate the following allegation:

 

1. That your behaviour and attitude has become a serious cause for concern and that on Thursday and Friday 9th and 10th July 2009, you were AWOL (Absent Without authorised leave) without prior consent or authorisation from the helpdesk supervisor.

 

In accordance with the companys disciplinary procedure, copy enclosed, you are required to co-operate full and promptly with the investigation.

 

You have the right to be accompanied at the interview by either a work colleague or trade union representative if you so wish.

 

This is not a disciplinary hearing although a formal record will be taken and a disciplinary hearing may be convened as a result of the meeting.

 

I must emphasise that the aim of the investigation is to help us establish the relevant facs and that no disciplinary action will be taken until the matter has been fully investigated. You are entitled to submit a written account of your explanation/answers at any interview, which will be taken into account by the investigating officer."

Issues I've picked out

 

I had a discussion with said supervisor about the holiday entitlement and she made clear that the new holidays would allow me further days off, so I handed the form in - now they claim they never received the form for the additional two days and I was AWOL - they've also claimed holidays aren't booked 100% unless said form is given back, something which has never happened in the past as all the forms get put into our personal folders.

 

The letter states two issues one with my attitude/behaviour the other is regards my absenteeism however it's states as one whole issue.

 

The meeting referred to was done by my Supervisor, not my manager, the manager is the one writing the letter - does that make it invalid? as she wasn't the one in the meeting.

 

The meeting I went to, they used another work colleague who's on the same level as myself to take notes.

 

As stated they should of supplied a disciplinary procedure "copy enclosed" however there was not one within the envelope.

 

The letter was pre-written, the date says 27th July, however I didnt discuss these matters until 28th July.

 

------------------------

Please read the attached documents, don't threat..I do not intend to give the allegations.doc to work - however I feel it gives an insight into the on-going issues I have had working for this company.

 

------------------------

 

Letter/Issue #2

 

"Notification of investigative interview -

 

Dear ...

 

You are required to attend an investigative interview to be held on Tuesday 4th August 2009 at 3:30pm, which will be held in room #2. I will be conducting the interview and will be accompanied by...

 

The purpose of the meeting is to investigate the following allegation:

 

1. Forced entry to and removal of company property from a locked cupboard within the helpdesk department on 24th or 25th July 2009.

 

In accordance with the companys disciplinary procedure, copy enclosed, you are required to co-operate full and promptly with the investigation.

 

You have the right to be accompanied at the interview by either a work colleague or trade union representative if you so wish.

 

This is not a disciplinary hearing although a formal record will be taken and a disciplinary hearing may be convened as a result of the meeting.

 

I must emphasise that the aim of the investigation is to help us establish the relevant facs and that no disciplinary action will be taken until the matter has been fully investigated. You are entitled to submit a written account of your explanation/answers at any interview, which will be taken into account by the investigating officer."

 

------------------------

 

The second letter is obviously the more serious of the two, and has been given to both myself and another colleague whom I work on shift with, however there were 3 other members of staff in that weekend who haven't been given the same letter, they were just questioned about it.

 

------------------------

 

I'm absolutely stuck as to where I stand, if you read the document I've written I know I come across as on the defensive, but this company is renound for screwing people over if they just nod and comply - I am a member of a union and was intent of handing them that so they got a brief outline of the various accusations I've endured having worked for them, however these two are the only ones that have been formally done.

 

All the help I can get is much appreciated!

allegations.doc

accusation.doc

Edited by dale1988

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You Are on your way out ,like it or not........They will do you for Gross Misconduct,all they have to do is `form a reasonable belief`.

 

I suggest you go off on sick leave immediately due to the anxiety and stress that these two letters are nodoubt causing you.

 

good luck.

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I've got a quote from the manager off another member of staff today as I finished work.

 

I was waiting outside having a smoke when he arrived to start his shift, he approached me and we got into conversation about what's been going on in the office, and he mentioned briefly he had heard something "about" the cupboard but did not ellaborate.

 

When I went back into the office I approached him again and asked him exactly what had been said/overheard.

 

bare in mind i've been hit with a confidentiality clause telling me I''m not to discuss this matter with anyone. Surely the employer has to follow suit?

 

"I approached Miss X (my manager) as she was cleaning out the stationary cupboard, and jokingly asked if she was spring cleaning, to which she replied no, I'm just making room for the personal files as the cupboard at the front was broken into and files were taken over weekend."

 

Now I know she hasn't named anyone here, but she has basically told him what has gone on, this is a member of staff who's on the same level as myself and now rumours are flying round the office like nobodies business. How can they prove reasnoble doubt with 3 other people over the weekend in the building, and myself & my work colleague - there were two of us so can we not vouch for one another? Two of the other members of staff we're on their last weekend due to redundancy (which I might add I got through, because it was done on competancy, as they are that unorganised they had no reports of holidays,sicknesses,lateness, quality of work, for 12 months - only now have they started to monitor these things)

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Just to help on the Holiday entitlement...do you know when the company holiday year starts and finishes and did you use all of your entitlement in the first holiday year?

 

Beau


Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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I started last year in June 08, having booked a 7 day holiday in April 2009 three months later I was told that I only had 4 days left to take 2 weeks prior to me actually going away. We eventually came to the conclusion that I was allowed to go away with the deduction of 3 days from my salary the following month. Now the issue was that apparently they had X amount of holiday forms but they hadn't inputted this into their own holiday spreadsheet. Following that saga concluded I enquired about when the holidays would start again, so I could take the thursday and friday off so I wasn't straight in work on the night of returning to england. The discussion was brief and my supervisor made out that she thought the holiday year would start again because we'd both started in June of 08 and obviously that date had surpassed. So on that basis I handed another holiday sheet for 2 days, now having taken those days - they couldn't get in touch with me (to find out where I was? supposedly AWOL) the supervisor turned up at my door step on the night I was returning to work (after the two days I had been supposedly AWOL) to ask if I would be coming in that night...now I'm back in work they've given me the above letter and claimed I was AWOL and that no holiday form was handed in whatsoever.

 

The key thing is that since working here she's messed up 2x holiday forms now and on numerous occasions lied or just made a complete mess of overtime I have worked - the worst occasion being when I worked every day for 10 hours for TWO whole months without a single day off. I got screwed over and told I wasn't allowed time and 1/2 as that wasn't procedure - however because I'd done it out of gratitude (because they'd sacked the last night shift worker in haste and didnt have any cover) HR claimed that my manager had the "right" to give out time/half and double time to whoever he pleases if it's considered an "emergency". This is the incompetence im up against and have been on numerous occasions.

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The issue to me is that you seem to be unable to take your minimum statutory holiday entitlement? this is the law!!!

 

Depending on your Company Holiday year end I would expect you to have been able to take at least 24 days paid holiday by now ?? this is assuming you work 5 days per week. Pro rata if you work less days per week

 

Also you should not have been told you must work for all that time without a day off that is aslo breaking employment law!! An employee should not be asked to work consistently in this way and should be allowed at least 1 day off in a working week.

 

Seems to me if you if you try and concentrate on what you are entitled to as an employee you will have a fighting chance here.

 

 

Beau


Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Bumped

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bumped

 

-----

 

I did not attend the meetings and requested that we re-arrange them for another time, and also asked for a written outline of what behaviour and attitude issues have become a cause for concern.

 

still yet to hear anything from them.

Edited by dale1988

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