grievance and discplinary

[michael2004]

hi

 

I'm looking a bit of info before i go into a grievance meeting. The wife has put in a religion discrimination against the company were she works. Its based on the way they treated her over her contract to the way they treated the other members of staff.she has worked for this company for 5 years were before she worked for another company for 6 years. she was then TUPE over which i believe her contract ie job title, terms and conditions go with her unless changed. well to cut a long story short 5 years later they had still not changed her contract or terms. but then offered her a new contract which was demoteing her from an Area Manager to an Assit manager and other stuff she couldn't agree to it as she found out that the company had been paying other Area Managers more money and i mean lots more money. They never offered her a chance to put in for the job of Area Manager when then were doing redundant. but offered her an Assit Managers contract. She had had enough of the company and just put into for redundancy.

 

 

The day before she was suppose to sign for it they suspended her on a gross misconduct. They have a statement from an employee that she was been paid cash for working which infact the company don't deal in cash so the wife would never be in touch with cash. we went to the disciplinary hearing were we asked under what terms is this disciplinary been heard they said *******. I said the employee is under a ***** contract they said that's right but we will hold the disciplinary and then make there decision under ***** terms. I know 100% they don't have the terms or the contract for her. So can they hold the disciplinary? or can i ask for it to be threw out?

 

 

Also i have read a few posts about unsigned interview notes. well that is also one of the things we have complained about the typed notes they gave us don't match the written notes which we finally received they full of added /removed stuff. can they be used or can i have them removed. as you know they will either say they only typo errors are just mistakes

 

 

many thanks

michael2004

Edited May 8, 2011 by michael2004
separted the post into readable post

[michael2004]

more info

 

i know some will say if she been doing the job of Assit Manager then it work in practice well she has been doing nothing different from when she worked in the other company before she was TUPE over.

I have the wifes old contract and terms do i have to give them to the company or can i keep them for the tribunal? I have asked the company for loads of info like emails,minutes of meeting,any thing to do with the wife and her contract and disciplinary do the company have to give me them?

 

again many thanks

michael2004

[RachelMD]

Michael, could you just edit your post and split it up into paragraphs please?

Big blocks of text are difficult to read (particularly on Sunday morning!), and may put people off from responding.

[Sidewinder]

If you say that the Disciplinary is for misuse of cash payments, and that is the sole reason for the DH, then this would not be a matter for whose T&Cs apply - it would be almost certainly be considered as a matter of Gross Misconduct irrespective of which contract was being considered.

 

Also, although an employee's Contract transfers with them, this would not apply to a Disciplinary and Grievance code - the new employer's procedures would apply.

 

The defence would be that the act of misconduct never occurred, rather than trying to pick holes in procedure at this stage. Surely it would be a relatively simple matter to prove that there was no cash payment, so nothing could have been misappropriated?

[michael2004]

i have tried that defense as i say the company know how the employee was paid thou another employee's wages it is common practice in the company the director even give an Amnesty up until the days date but my disciplinary went ahead. as you know when suspended u not allowed to talk to employees (but you know employees talk) as i say in another post everyone in the company knows why they trying to do this on me.

infact my boss told me indirectly to put in the grievance as she knew what they were up to. i was evern informed that i was been suspended before i was called into be suspened .

 

 

As for it been a misuse of company cash it not as if i stole/defraud the company it was paid to an employee that worked for the company and did the work she was entitled to the money the charge is i paid her cash. so what they mean is they don't pay cash they pay thou peoples bank accounts. The thing is they had to make it different from every other case. An employee was charged 4 weeks before me with doing what i done. payed the money into another employee's account but they said she had no case to answer( never got past the investigation stage) and they knew i would have brought that up.

 

so i really have to go the legal way as no matter what i say about the way she was paid they will not believe me (they know how she was paid we as a company don't have cash no petty cash box are anything so i would never be touching cash) as they don't want to pay me the money . infact i was asked would i change my mine about leaving when i said no that's when i was suspended now do u see were im coming from.

 

Sorry forgot to add the employee that was paid made a statement that i paid her cash. and the complaint was made during her been interviewed for another job in the company which is a setup. Thats were im disagreeing with the statments as her written statement and the typed statement don't match. Also in a job interview she was asked how i paid her now they knew she had a contract with the company and would have known how she was been paid. you get were im coming from. Now also the people that done the job interview told me not to hire her but hired her (funny they hired her when she make the complaint again me).

Edited May 8, 2011 by michael2004