Can someone please help dont know what to do?????

[pinkjaney]

My partner has worked for his company for 2 1/2 years and was tuped over finally signing the company he works for T&C's in december. As soon as he signed the t&C's he started to be bullied and vicitmised. The union rep has looked at a grievance my oh has issued and fully agrees that victimisation is in place but the company are trying to do him for a health and safety issue although it is my oh's word against his manager (same one that is bullying him) they are testing his equipment to try and prove other instances of health and safety but what i am asking is his union rep said although someone on his team has done what my oh is accussed of was given a written warning the union rep says the way the company are acting it looks like they will sack my oh. He has his grievance meeting in the next couple of weeks and at the moment is suspended for 7 working days.

Also if its seen as gross misconduct but they have issued a written warning to another member of staff can they sack my oh who is accused of the same thing. My oh has had no verbal or written warnings just a letter to say an investigation is being conducted.

 

Please advise not sure if i am going to get any sleep until his grievance meeting am so worried...........

[rebel11]

Thats clearly not fair, I suppose thats victimisation again. He should clearly be disiplined in the same way. Has he got an Employee Handbook that should answer the gross misconduct question, but you are correct about verbal and written warnings. I suggest your oh writes down everything he wants to say and takes that in with him. It might be an idea to remind the company that Employment Tribunals don't take to kindly to 'victimisation', 'bullying' and 'companies not following disiplinary procedures'. If your oh feels that he can no longer work there, he could

'constructive dismissal' but seek advice before he does that. Has he got any colleagues or ex-colleagues that would provide evidence?

Try to get some sleep, sometimes things seem worse then they are.

 

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696

 

Is it a large company? If so bypass the local managers, go straight to the Director of Human Resources, write a letter mentioning the above.

[honeybee13]

Hi there and welcome. I'm sorry this is so hard for you. In this position, I would be trying to amass information to see what you have against the company.

 

It sounds unfair to me too, and of course being treated differently from the other employee who had the warning is victimisation and bullying in itself. Is the union guy happy just to accept this?

 

Rebel is quite right about writing it down and I would add that a diary of everything that's happened while you can remember, could also be useful in the future. And going to HR could be good, if that's an option for your OH.

 

If you want some reading over the long weekend, you could also look at the ACAS website and the HSE. Is is possible that they're breaching HSE guidelines with the equipment or in the workplace? In fact, bullying etc is against HSE guidelines for employers.

 

And if you want to understand more about bullying, bullyonline.org is very useful.

 

If you have time to do this, you might feel better, or at least better informed. Union reps don't necessarily know everything. Has he referred it back to HO to see if they have other advice for him? Obviously I don't know the whole story, but to just accept they may sack your OH doesn't sounds helpful. Fight your and OH's corner and give the rep information if you find some that would help.

 

I'll be thinking of you. Ask if you have any more questions.

 

My best, HBx

[rebel11]

My problem with Union Reps is that generally they work in the same place,

and they generally go along with mangement for a easy life, don't forget

they do actually work for the boss. I've personally found that Unions take your money, but lack substance when you need help.

[pinkjaney]

With regards to the union rep that is how my oh feels, he feels that there is conflict of interest for the union rep. My oh does feel out on his own in some ways.

 

Oh had two months of 121's in Feb manager left the room came back with another member of staff and announced we are now having a formal meeting notes were taken but manager refused to give a copy of these to mu oh. my oh was not offered the chance to have anyone in eith him and had no notification of the formal meeting. Next week oh was put on a personal improvement plan. The company my oh is very big and well know and he does not have nor ever had Employee Handbook.

[rebel11]

I personally would write to the Director of Human Resources, it is high risk,

if you haven't got faith in the Union Rep, your OH manager, not sure about the area manager. At least your OH will get a fair opportunity, rather then a biased process. I been there, 'I was once told to accept a written warning by the Union Rep and then they will leave you alone'. That was a joke.

[pinkjaney]

Union rep is trying to play down the victimisation but i think that is a major part as noone throughout the country has to do what my OH has to do and to me that is blatant victimsation

[pinkjaney]

Am going to phone ACAS on tuesday

[honeybee13]

pinkjaney, from what you said earlier, I think they may not have abided by their own disciplinary procedures. Do you have a copy of the employee handbook or your OH's contract or Particulars of Employment? I think they could be making up the rules as they go.

 

My best to you both, HB.

[pinkjaney]

Hi Honeybee he has never been given either of those

[honeybee13]

Well that's not good either. I think I'm right in saying that written confirmation of employment terms should be provided within 2 months of starting work.

 

HB

[elpulpo]

Aye.

[phillyg]

Hi All. I Have A Tribunal Date For The 17 And 18 June. I Have A Solicitor Dealing With It And He Is Pushing For Unfair Dismissal Under The Grounds Of Disability Discrimination After I Injured My Back At Work And Then They Sacked Me Under Capacity. What Should I Expect At The Tribunal??? My Solicitor Seems To Think We Have A Very Good Case. What Are The Payouts On Something Like This??? Can Anyone Help Me With Any Of The Above Questions?

 

Thank You

[pinkjaney]

Employer has now sent a disciplinary letter vis a member of staff. Knocked the door and gave OH a big envelope in it is notice of a disciplinary meeting. So he has his grievance on wednesday and disciplinary on thursday....................

[pinkjaney]

Well it happened my OH had a letter delivered by registered post with regards to his grievance which was a complete whitewash and then an hour later knock at the door letter hand delivered stating my OH has now been dismissed. With that took his van and come back 10 minutes later for his phone. Stress levels through the roof