Underpaid wages, disability and discrimination

[accounts]

Long story - but try and keep it brief.

 

Worked full time for same company - over 11 years.

 

Had back problem for 15 years and require physio and medication regularly. Been allowed to attend appointments and made my hours up - until last Sept -when employer informed me not to make up my hours any more. He assured me that my job was safe and an increase in my salary would be from 01.01.10.

 

He held a meeting with me on 01.10.09:- the following came to light,

 

1)I reduce from 36.5 hours to 15 hours per week - or take redundancy.

2)They proposed to take a junior - as a cost saving for 15+hours per week.

3)MD-had been making very sarcastic comments since last July - when I was diagnosed with severe endometriosis. He had been sarcastic - about me going into hospital -making comments that I may not return (at the time the local hospital was having bad reports), he was sarcastic when I returned to work - after op - saying that I had managed a full day, sarcastic that I should ask my mum to help me financially and work 15hours per week.

 

I live on my own, have mortgage and cannot afford to reduce to 15 hours.

 

Have been off work since with stress - and having counselling, really affected my health.

 

I have made several requests for a grievance meeting to discuss - MD will not hold meeting with notes being taken - I am reluctant to attend a meeting - with no minutes etc.

 

Work owe me 37.5 hours of overtime from last year - details have all been provided - refuse to pay until I return and will then discuss with me, no guarantee of payment.

 

They have overstated my sick days for the past 12 months - by 3 days. I have provided my dates - no response from work.

 

They were relucatant to let me have the grievance procedure - two requests, HR told me that I am made of strong stuff and will sort out - she will not get involved - says she is too close.

 

There has been correspondence between last Oct and Dec, I was requested to take my keys in - I did this only to find my desk had been broken /forced open. MD stated that I should not have gone into work to take keys and denies messages I was left.

 

Many factors have arisen:-

 

Can they finish me whilst off with work related stress?

Can they stop me attending physio etc for my long term back condition.

Can they refuse to pay overtime - all verbal agreement.

I have 16 days holiday from last year - surely I can take these this time?

I have made reference in my correspondence last year that I would seek advice from solicitor - they made comments about this.

Do I have a right to attend medical appointments for long term back condition - or gynaecoloogical problems.

I let md know I would not accept 15 hours work - he suggested that this would give me two days to make medical appointments - he has not made any further comment - other than he is reviewing my function.

He makes refernce that my office is "unmanned" whilst I am on holiday - this has always been the case and applies to others -what can I say?

 

Any advice on any aspects of the above.

 

Money owed to me -what can I do.

 

Grievance procedure is to MD - my grievance is with him - therefore I wish to speak to another director - he is not allowing this and says I am "usurplines of magagerial authority".

 

Please, any advice suggestions. I realise that there are numerous factors:-

 

change in contract hours,

sarcasm/harassment/

money owed to me

miscalculated sick days

overdeduction of pension - rectified one month later

no contact from employeer since dec -

how can the issue be resolved without any meeting etc - which I am willing to attend

off so far for four months - with work related stress and taking counselling.

I realise that it is not a redundancy situation - clearly he has stated I reduce my hours and employ a junior as a cost saving

yet I was given the choice of redundancy or part-time.

The list is endless - any other factors in trying to resolve.

Edited February 12, 2010 by accounts

[mariefab]

Does your company have a Grievance procedure?

If so, check (or ask for) any documents relating to this.

 

The Grievance procedure may state that your first meeting should be with your manager. So, it may be best to accept the Grievance meeting with your manager in the first instance.

Remember that your grievance is against the company not one individual representing it

 

I see that one of your concerns is that the manager won't allow notes/minutes for the meeting. You can get around this by preparing and taking a written statement of everything that you want to say and handing that in at the end of the meeting (keep a copy for yourself). This way, if you don't get a satisfactory outcome from the Grievance meeting, you will be able to use the statement when you appeal to the next level of management.

[accounts]

Thanks for advice.

 

We do have a grievance procedure - after two requests this was given to me. States grieevance to be sent to MD -however, grievance is with MD-and therefore understand that it will be another director from the board - however, MD have refused severl times for me to have a meeting with another director - states that there is no need.

 

Good point about notes etc, will ensure I do this when a meeting has been arranged.

 

I understand that I only have three months to get the money they owe me - via a tribunal. This means that I have till mid march - in which to have a meeting etc-anyone aware of timescales etc - is this correct.

 

There is no higher level of management - I am managerial level, then MD- then bard of directors -thereby assuming the board will have to be involved to resolve. Any advice.

[Bigredbus]

Sounds like that MD wants to be 'judge, jury and executioner'...

 

The grievance raised is related to that MD, therefore I would request that someone else, at his level, chairs the hearing and if he refuses again, then appeal to the board of directors...

[accounts]

Thanks for advice.

 

There is no-one else at a similiar level as MD - and therefore I currently see the only way to resolve is by going to the board of directors.

 

It is a small company and we have shareholders -board of directors who meet each month to go through the accounts, matters arising etc.

 

My main concern at present is the fact that whilct I am off with work related stress - if they finish me - I am currently struggling to meet my financial commitments - but in no state to retuen to work - as having counselling at presesent.

[Bigredbus]

Then appeal to the board of directors, detailing your case and requesting that someone else chairs the grievance meeting. Maybe suggest that a mediator helps resolving the dispute. The Centre for Effective Dispute Resolution (CEDR) can be of help...

[accounts]

Thanks for advice.

[accounts]

Update.

Sent formal grievance to board of director - to ask for a meeting.

 

Reply received - to say I must have a meeting with my MD-with whom the grievance is with. Toe director from the board -also states that the works director has alreay informed me that he is willing to assist me -this is not the case as the works director has tole me twice-once on the phine and once whilst at work that he is not getting involved as MD- has created th problem himself and is having nothing to do with it.

 

The grievance letter I have sent lists amounts due to me in respect of overtime, incorrect salary paid to me, and outstanding holidays. I realsie that I have a tight time scale to lodge at tribunal of three months - and yet I am getting nowhere. Appear to be going round in circles.

 

Can they insist I have meeting with MD-the grievance is inextricably linked to him? Other director has told me he is not getting involved -and now states that he has told me he will assist -this not being true.

 

I am having counselling for stress at present-serious affecting my health, s

don't feel up to attending a meeting with two directors -MD and works director -can the make me do this.

I believe that I should be entitled to take someone into the meeting-is this true.

 

They owe me a considerable amount - and whilst I want the issue resolved also have the factor that I only have a couple of weeks to file at tribunal. HELP please.

 

What advice, suggestions do you have? Any help is greatly appreciated.