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Hi All

 

General jist of what I have done...

 

6 months ago a problem member of staff from another store was sent to me for training, got on fairly well with him. Started noticing a few faults and annoyances but nothing major, mainly things like taking longer breaks than he should and occassional lateness. So had a few 1-2-1 off the record chats regarding this and explained I was here to help etc etc.

 

3 months ago he came back late from lunch and decided enough was enough so decided to ask him to go home and I'd pay him until the end of the day as clearly he was pushing his time keeping luck. He proceeded to follow me around the store asking me why, why, why, why... After explaining why around 5-6 times he still continued to follow me and keep badgering me into why he couldnt stay... I then took him out the back for a further chat where I lost my cool and used a few f's etc etc...not good, not me...but he had pushed me to the edge...Retail is tuff sometimes!!! LOL

 

He then went sick citing Stress and blamed me, put in a grievance against me. The guys I worked with decided that they would support me as Im not a bad guy and we all denied his allegations that I was unprofessional and swore.

The day this had happened was also the day that I had handed him notification of a disciplinary for "failing to report his absence" when returning 10 days late from a 2 week holiday with no contact to either Head Office or the store in which he works.

 

A HR manager turned up last week to inform me that the staff member who went sick with stress had recorded the conversation (without my knowledge) and that they were now seeking a deal to rectify the situation as I had lied and they are now taking me to a disciplinary.

 

Now my first question would be... Was he allowed to record me without my knowledge or consent in the first place, now knowing that he had recorded me it seems when I look back on it, that he kept pushing and pushing until he got a reaction? - is that not some form of entrapment?

 

I'm not denying the fact that I swore at him, which If you knew me and heard the way I reacted... Its just not me! I'm looking to see if his actions in the first instance were legal and whether i should use this in my defence on Friday at my disciplinary.

I have been told that the likelyhood of me getting the sack is fairly low as I've been a very goog lad for the 2+years I've worked for the company and the stores I have run have been very successful and very well run... I just want reputation damage limitation really.

 

Thanks in advance

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Have you heard this recording or seen a transcript?

Sure he's not bluffing?

If he did make a recording, I'd say it's admissable.

If the company accept it, they accept it.

Entrapment? You chose to behave as you did.

I sympathise with you to an extent, as the guy was obviously goading you.

But you were the manager, after you'd instructed him to go home, you should have flatly ignored him. If he didn't leave, go in the office, ring HR and ask for advise.

 

BTW, you said you asked to go home and you'd pay him 'til the end of the day-

were you suspending him or dismissing him?

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Definitely a recording of me although I havnt heard it, the HR manager repeated some of what was on it to me and its definitely me.

 

My only defense is that he was out to provoke a reaction from me, which he got but for which I am deeply sorry & regret and pray for leniency.

 

As for paying him until the end of the day, I wasn't suspending or dismissing him, just giving him the rest of the day off so i could calm down from his goading.

 

Nevermind...suffer I shall...Learn from this I will!!!

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Yep. That's the defence you need to argue.

 

Just the stress grievance that's a bit worrying.

Some people use this as a weapon to defend themselves, and companies can get a bit jittery about the potential liability. DDA claims and all that.

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entrapment, he cant admit it as evidence, unless he informed you that he was taping, he obvioulsy had his mobile on him and used that

 

make sure you get a union rep involved

 

also state that due to the pressure of dealing with this guy who was in effect passed to you because of his previous form that what you actually said was brought about by his attitude and lack of commitment to his job

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Yep. That's the defence you need to argue.

 

Just the stress grievance that's a bit worrying.

Some people use this as a weapon to defend themselves, and companies can get a bit jittery about the potential liability. DDA claims and all that.

 

Yeah HR are keen to pay him for the time off rather than see this go to tribunal I think, whether he accepts this offer may decide whether I get the boot or not I reckon.

 

He totally set me up for this and as previously stated maybe only my good record and nothing like this in any other jobs may go to save me.

 

Thinking back to everytime I pulled this guy to one side about stuff, he always had his hands in his fleece pockets recording my conversations at every given moment waiting for some priceless material, which makes me pee'vd as I was genuinely trying to help this guy as I believed at the time he just needed some coaching rather than sacking!

 

Ce la vie.

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also state that due to the pressure of dealing with this guy who was in effect passed to you because of his previous form that what you actually said was brought about by his attitude and lack of commitment to his job

 

I will use these exact words on Friday, Thanks.

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A person can make a covert recording and it is admissible as evidence. There are exemptions in the DPA for this.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Heres some ammo for you - Provocation and harrasment with intent to cause distress of their victim or fear of assault and bring a result of dispute, detriment and blackmail toward a party, in this case for his own gain. In other words he had preplanned the whole thing in order to bring the company in to dispute. Hes also committed an act of harrassment with intend to provoke which is a criminal offence.

 

Basically he preplanned to be late preplanned to harrass you both verbally, pyshically and mentally in order to provoke an reaction in which he had preplanned to record in order to extort money from the company by threatening tribunal action. e.g Blackmail the company. No doubt you have witnesses to the harrassment and hes lateness.

 

I would inform whoever is doing the discipilinary of this and tell them that if this was a court of law the other person would be the one being prosecuted for his actions not you due to what i have said above. I would advise the company to seek legal advise regarding thsi person deliberate attempt to bring the company into disute with the intention of blackmailing the company. i would also seek a solicitor yourself regarding action you should take against the person yourself for the offence he deliberately has committed against you. The fact he constantly harrassed you dispite being given the reason as to why you told him to go home is prove he was deliberatly seeking a reaction from you. So lets wept that silly smugged look of his face and turn the tables on him.

Edited by teaboy2

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