do i have a case?

[willow1261]

Hi,

 

I have a problem at work which if anyone has any tips to give me i would be grateful.

 

I recently applied for an internal position in a new store which i didnt get. A week ago i had an operation which relates to an accident at work that i had earlier on in the year. I only found out i was not offered the position after i hassled management for three weeks for an answer. Everyone else who applied was told within three days!

 

I have worked for this company a major high street fashion retailer for over 6 years and have never been given an appraisal and i thought i had an unblemished record. However I have forced the manager to advise me on the contents of my personal file and she revealed one manager has updated it with adverse information which then was used as part of the process to deny me a job in the new store. Never in all the years that i have worked there has any member of staff ever had accasion to speak to me about any wrongdoing. The manager has acknowledged that they are in the wrong updating and using that information and also that i have had no apprasial for 6 years giving my no chance to defend my self or receive feedback.

 

I am currently off recovering from my operation at the moment under a doctors note which they have received. This did not stop the manager ringing me on Friday and attacking me down the phone for an hour accusing me of all sorts because i threatened to raise a grevience about my treatment as i feel i have been treated badly, and differently to everyone else.

 

I now feel that my position is untenable and that i will subjected to more bullying and differential treatment when I return to work.

Have they broken any employment laws in any way with regard to updating files with adverse info without telling me, or no appraisals for 6 years, or indeed harrasment of me by phone when i am off under a drs note?

 

I am happy to fight them if they have !!

 

thx

 

Willow x

[honeybee13]

Hello there. I'm sorry you're having a tough time. I think they've done plenty of things wrong and I see another cagger is hovering. Sorry if we duplicate information, but at least it'll show we agree!

 

You had an accident at work which resulted in an injury. Was anything done 'by the book about the accident', as in was it reported for a start? Will there be any lasting effects on you after the op? I mean over 12 months, to come under the DDA [Disablity Discrimination Act].

 

They haven't followed ideal practices and I'm sure other caggers will comment on the management side of it.

 

Ringing you while you're off sick is very bad practice. And threatening you for raising a grievance isn't on either. You can't be disciplined or badly treated for filing a grievance. Have you done this verbally or in writing?

 

I'm not sure about the ins and outs of updating your file, but it sounds wrong to me.

 

For now, look out a copy of your employment contract for us [i hope it's at home] and start writing out everything that's happened, in date order. You may need to use it later for your grievance.

 

Does that help a bit?

 

HB

Edited July 11, 2010 by honeybee13
typos.

[willow1261]

Hi Honey Bee,

 

Thx for that. My fall was put straight into the accident book. i have also put in a legal claim for compensation. Fairly sure that some of this is some kind of payback. Hard to prove though. There should be no long lasting complications from the accident.

 

company terms and conditions are now all online. So I will have to do some research in a bit!

Not filed grevience as yet, just through it into the conversation!

 

Willow x

Edited July 11, 2010 by willow1261
more answers

[honeybee13]

'Thx for that. My fall was put straight into the accident book. i have also put in a legal claim for compensation. Fairly sure that some of this is some kind of payback. Hard to prove though. There should be no long lasting complications from the accident.'

 

We've seen this before from employers, seems very sad to me when they caused the problem in the first place.

 

I'll PM you a link.

 

HB x

 

PS while you're amassing information, be sure to squirrel away anything they've put in writing, if you have it. Include emails, although I can see you may not have those at home.

Edited July 11, 2010 by honeybee13
PS.

[willow1261]

Have been onto ACAS today and they have advised me that if other part timers were having appraisals every year ( which they were) then i have been discriminated against as they have not done the same for me.

 

Also there are possibly Data protection issues as well as they have updated my file adversley and used the infomation against me without my knowledge. You can be called at home by work if you are off sick unless you are off with stress, but you should be spoken to in an appropiate manner.

 

Its looking like i might have a case.

 

Willow x

[honeybee13]

Good for you willow. If you haven't already, write down notes of that conversation last week, because it certainly wasn't appropriate, was it?

 

What are you going to do next?

 

HB

[willow1261]

Hi HB

 

I am waiting for a telephone call from a lawyer who specialises in employment law to call me back. I need to make sure I have a water tight case before i start any proceedings!!!!

 

willow x

[honeybee13]

Excellent, get all the facts first. My only comment would be that if you haven't raised a grievance first, it might go against you at an ET. I know not everyone on the forum agrees with this, but some people think it's the best way to proceed. Grievance, then ET if not happy with the result.

 

There's always the chance that if you raised a grievance they might back down, although their past behaviour doesn't indicate they are like that. However, receiving the ET papers seems to have an interesting effect.

 

Please keep us posted.

 

HB x

[Guest Mrs Hobbit]

Definitely raise a grievance complaint, this then shows that you are following the correct guidelines in dispute resolution.

 

You most certainly should have an annual appraisal at least. We used to conduct 1 to 1's monthly, everything was documented and any problems raised and sorted with an action plan signed by myself and the employee. These 1 to 1's also identuified any training courses needed or ones the employee would like to undertake.

 

Your manager should not have rung you at and raised the issue of the proposed grievance. This is s definite no no. Your manager can ring you at home if you are at home on sick leave. I would also be asking in writing to view your personnel file on your return to work. i woud also check with the ICO regrding the incorrect information on this file. The cmapany does have an obligation to make sure everything on your file is correct and you are aware of the contents. you should have an individual employment contract, not a generic on line one. A copyu oif your employment contract should be on your personnel file.

 

I am glad that there will be no ongoing effects from your surgery and that your recovery is uneventful.

 

As Honeybee suggests, please keep us updated.

[willow1261]

i have a free half hour consultation with a solicitor who deals exclusively with employment law on friday. i will have more info then and relay it back. it might also be useful for someone else.

 

willow x