Please help investigation whilst off sick and disiplinary action

[lucyj]

I wonder if anybody can please help me???

 

I work as a field sales rep for a very large blue chip company. I have been with the company for four years. My first boss was good as gold. Then a new guy took over 18 months ago (he was a member of our team and was promoted) he got rid of three people in the first 6 months for one thing or another and took on his friends.

 

He wasn't happen with my results and said he felt I hadn't been trained properly. He put me on performance management and said he would come out with me every week. This didnt happen. I heard no more about the Performance Management and I hadn't had a field visit for 3 months. (he is suppose to do at least one per month with each rep in the team) even though he wasn't happy with my results I have hit my bonus every year!

 

Anyway in May he did an audit on my work. He only checked 3 out of the 11 visits I made. He said that I have made a lot of mistakes and had not carried out the work correctly. Two of the customers couldn't remember talking to me, the other remembered me well. He said he would take this further as I hadn't been filling out the computer correctly and there was hardly any evidence in call of my work. I explained I felt I hadn't received the training he promised and felt he was to blame for not spending time with me. I said if he felt I wasn't performing I would be happy to give my bonus back and why did I get a bonus if I didn't do my job properly.

 

Anyway I was going on holiday the next day, so he wanted to carry out an inverstigation meeting to establish whether or not this should go to disiplinary. He said he would call me when I got back to arrange this. To top things off the letter I received from him also stated not only my work was poor and my results were incorrect, but also that I tried to bribe him not to tell the company about the audit and offered him my bonus in cash to keep it quiet!! This was complete rubbish as I said if he wasn't happy and didn't think I deserved my bonus I would give it back - I didn't mean to him, I meant the company!

 

I came home from my holiday with dodgy tummy from a bug I picked up. I was signed off work for one month by the doctor. The company were not happy but decided to hold off the inverstigation meeting until I was fit to travel (my head office is a 260 mile round trip so no fun with sickness and diorrea)

 

To top things off the following week I had an accident whilst off sick which resulted in me fracturing and dislocating my shoulder and humerus. I had to have an operation and had to stay in hospital. The fracture is very bad and I have been told I may have to have a shoulder replacement (The accident was only three weeks ago and I am bed bound whilst I write this) I received a letter from my company last week stating even though I am off sick, they feel I could still go to a investigation meeting which was sceduled for last tuesday. My mother wrote back on my behalf saying I was bed bound and obtained a letter from my surgeon stating I was not to move or travel for at least 6 weeks due to the extremely bad injury.

 

They were not happy about this and an HR manager phoned my mum to said that they could come to my house. My mum explained that I could not even get dressed, put a top on without it being cut or go to the toilet on my own and I am in no state to attend a meeting but agreed to take me to a meeting the last week of august when it was safe and not putting my health at risk as per the consultants orders. I am also on high levels of Codiene for the pain and would not be able to defend myself at present as I am sleepy and confused if I try to concentrate for long periods. My mum also emailed over the scan of the letter from Surgeon and my x rays showing the fracture. The hospital said my injury is one of the worse they have ever seen.

 

The HR lady said they were going ahead with the meeting anyway as I had been off for 5 weeks and that I should 'try and put something together to defend myself' even though I am off sick. She said the investigation has been going on long enough.

 

I did not put anything together and I have not heard anything back from the company. (nearly a week?)

 

My question is can they go ahead and do a displinary without me present or will they have to wait until I am better in person? If they do go ahead and dismiss me, is there grounds for unfair dismissal given that I couldn't attend an investigation meeting due to being bed bound (also have back up from my surgeon and GP)

 

I would be very grateful for any advice. I am very upset and worried about all of this and have enough on my plate with my injury. Also is it strange I haven't heard back from them since Tuesday with a decison whether or not it will go to a displinary.

 

Thanks for reading sorry its so long.

[rebel11]

Hi lucy

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

I think the reason why they are chasing you to hold a 'disiplinary' is the misunderstanding about the 'return of bonus', no doubt he's used what he believes is your

poor performance to back up what he says you said. I would be tempted to write a letter stating that you are unwell and the harrassment and stress you are

suffering has not helped your recovery. You do not want to be 'Bullied' whilst your unwell, if they have any questions about your illness they should contact your

doctor. I would go as far as telling them that you will be taking the company to an 'Employment Tribunal' regarding the 'Harrassment' as well as 'serious

allegations' made against you. Don't speak to them on the phone. Everything in writing.

[lucyj]

Thanks for your reply. Do you think it's strange that I have not heard back from them since last week? Usually when they do a disiplinary they suspend the person straight away, but as I am off sick they might not do this?

[lucyj]

Hi guys, I would be very grateful for any help on this please. Still nothing in post today either

[honeybee13]

Hello there Lucy, welcome to the forum. It's quite hard to second guess what they're up to, isn't it?

 

We have people here who are in the know about disc procedures etc, but not me unfortunately. I expect they will be along later, please bear with us.

 

My best, HB

[rebel11]

They want you to deal with this matter whilst you are unfit for work, you've told them 'no' I'm not well. If they carry out a disiplinary in your absence thats clearly going to be unfair. To ask you to rustle up a defence just silly.

[lucyj]

Thank you Honey Bee

[stuart_coogh]

you need to put a grievance in right away making clear the points you have raised here.

 

have you been given notice of a displinary meeting whilst your off sick? - you dont even have to attend that, put it in the grievance

[lucyj]

No I haven't been asked to attend a displinary meeting as yet, only a investigation meeting, which goes on to decide whether a disiplinary should take place. I haven't heard back from the company yet as to whether or not this will progress to a disiplinary but if I had to lay money I would say it will given the fact my manager has twisted our conversation relating to bonus. Do you think asking me to attend a investigation meeting given my current state of health (i haven't just broken my arm here, I have seriously damaged my shoulder and cannot even get myself out of bed) How would I go about raising a grievance please? many thanks for your help

[postggj]

This is what i would do, but wait for more comments it is obvious you are in no state to be going into work, you have protection under the employment rights act to fit this sinario, you have the legal right to refuse to work in a dangerous situation. i would call being draged into work while unfit to be putting you into a dangerous situation.you have the right to refuse if you consider it unsafe to your personal health and safetythis is covered under the employment rights act 1996 and regulation 8 of the health and safety at work actby declining to go into work, this legislation protects you from dismissalITS COVERED UNDER THE PUBLICATION LABOUR RESEARCH DEPARTMENT HEALTH AND SAFETY LAW 2010

[lucyj]

Hi can any one help with this thread please? Still no letter from my company

[papasmurf1cx]

Hi Lucy

 

Don't really know much about the performance management side of your problem... hopefully you can muster up some form of defence as and when you are fit and able.

 

Sorry to hear about your accident..... your injuries are very serious and if the accident is not your fault you should be considering getting a lawyer and suing whoever was responsible. If it a no fault accident the damages could be considerable. Perhaps you can tell us a bit more to see if we can help. There are other factors you may wish to consider too eg benefits ESA & DLA.

 

The long term implications of having a shoulder replacement could be considerable (my mother in law has had one and her reach and strength is badly affected) I mention this because your physical injuries and mental incapacity (medication problems) on top of the stress of the original work investigation could present the company with a problem. In short I think you or your mum should write and explain in explicit terms that the combination of the two problems have made you 'disabled' as far as the Equality Act 2010 is concerned and that you are in not fit state physically or mentally to defend yourself at the present. Ask that they postpone all action until you are in a fit state and even then that you are allowed to have a friend or relative with you as and when you become fit. Ask these as reasonable adjustments to their procedures.

 

Further in the letter state that the letter is not specifically a request to enact the grievance procedure but that if the company insist that they proceed as they have previously indicated then the letter should also be taken as a complaint that they have discriminated against you contrary to whatever policy they may have eg Equality policy and that you instigate the Grievance Procedure. In that case also then ask for another reasonable adjustment ie that the GP is postponed until you are well fit and able to attend hearings.

 

Unfortunately, they may conclude that you are also incapable of working and start a Capability process. In short, if you go down this route then you are liable to lose your job. However you are laying the foundations of a Discrimination ET claim.

[stu007]

Hi Lucyj

 

Sorry to hear about your issue and wish you a speedy recovery.

 

Now please read the link as i would be very cautious of this investigation also that site has load of information that may be of help to you.

 

http://www.acas.org.uk/index.aspx?articleid=2177