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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Grievance Hearing


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Hi,

 

I need some advice about what to expect in a grievance hearing I have this week.

 

I am currently signed off sick because I was being bullied by my manager to the point where I have been diagnosed with suffering from severe depression and anxiety. I was eventually signed off sick by my doctor following a breakdown at home after my director became involved by verbally threatening me with the sack and saying I was to blame for other peoples poor performance and the majority of the problems in the department. He could provide no evidence to support these claims and this was not a formal meeting he just decided to pull me into his office and attack me.

 

While I have been off sick I have been trying to collate all of the information to support a formal grievance as I am not prepared to put up with this anymore. I am fully prepared to take either the company to a civil court and/or my direct manager if the grievance does not provide a resolution that I am happy with. I know that I can not use an employment tribunal as the case must be brought against the person/s within 3 months and 1 day of the incident/s occuring and some of the incidents happened last year and in the early part of this year.

 

This is what I was advised to put in my grievance.

 

Iwish to raise a grievance meeting with you because of the following

My manager forharassment and contravening the protection from harassment act 1997 and/or anyother appropriate legislation that may apply.

For a possible breach of contractand unlawful or unauthorised deduction of wages relating to a pay rise I amentitled to.

For another possible breach ofcontract in regards to mutual respect and confidence and the companies lack ofduty of care towards me and for knowingly failing to look after my welfare to thepoint that I now suffer with depression and anxiety and for failing to provideme with a safe working environment with particular reference to contraveningthe health and safety at work act 1974 and/or any other relevant appropriatelegislation that may apply.

I just need to know what to expect and what I should do in respect of this meeting.

thanks

miffed_with_mobile

 

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Hi miffed

 

It's an opportunity where the employee gets to air their issues they have with the company, hopefully find some common ground so that matters can be resolved.

 

http://www.acas.org.uk/index.aspx?articleid=914

 

http://www.acas.org.uk/index.aspx?articleid=1670

 

http://www.acas.org.uk/index.aspx?articleid=2179

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Hi,

 

I need some advice about what to expect in a grievance hearing I have this week.

 

I am currently signed off sick because I was being bullied by my manager to the point where I have been diagnosed with suffering from severe depression and anxiety. I was eventually signed off sick by my doctor following a breakdown at home after my director became involved by verbally threatening me with the sack and saying I was to blame for other peoples poor performance and the majority of the problems in the department. He could provide no evidence to support these claims and this was not a formal meeting he just decided to pull me into his office and attack me.

 

While I have been off sick I have been trying to collate all of the information to support a formal grievance as I am not prepared to put up with this anymore. I am fully prepared to take either the company to a civil court and/or my direct manager if the grievance does not provide a resolution that I am happy with. I know that I can not use an employment tribunal as the case must be brought against the person/s within 3 months and 1 day of the incident/s occuring and some of the incidents happened last year and in the early part of this year.

 

This is what I was advised to put in my grievance.

 

Iwish to raise a grievance meeting with you because of the following

 

My manager forharassment and contravening the protection from harassment act 1997 and/or anyother appropriate legislation that may apply.

 

For a possible breach of contractand unlawful or unauthorised deduction of wages relating to a pay rise I amentitled to.

 

For another possible breach ofcontract in regards to mutual respect and confidence and the companies lack ofduty of care towards me and for knowingly failing to look after my welfare to thepoint that I now suffer with depression and anxiety and for failing to provideme with a safe working environment with particular reference to contraveningthe health and safety at work act 1974 and/or any other relevant appropriatelegislation that may apply.

I just need to know what to expect and what I should do in respect of this meeting.

thanks

miffed_with_mobile

 

Hi you will be asked to give examples of the breaches in details.

Remember these people will lie and will manipulate what you say also they will never admit to doing anything wrong, so have all your facts ready.

Have a look at the equality act 2010 for further information.

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They will asked you to explain why you think you have been harassed and what other legislation that they may are in breach of. They will ask you for details of the unlawful deductions in relation to pay rises. Be careful about the safe working environment as they may say that you should have informed them of any H&S issues that you were aware of because it is the employees responsible as as well as the employer to report any Health and Safety issues. They will go through the issue you raised one by one. Make sure you take notes of what they say and take your time with each questions and their replies.

 

Do you have as disability and have they failed to make reasonable adjustments for you?

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Hi

 

I had something similar happen to me my advice is to get in touch with the indudstrial injuries claim line, and fill a form in for an industrial accident illness or incident i did and my illness was classed as an industrial accident and i recieve bebefit for this.

 

like the style of your letter good luck .

 

Suebear x

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They will asked you to explain why you think you have been harassed and what other legislation that they may are in breach of. They will ask you for details of the unlawful deductions in relation to pay rises. Be careful about the safe working environment as they may say that you should have informed them of any H&S issues that you were aware of because it is the employees responsible as as well as the employer to report any Health and Safety issues. They will go through the issue you raised one by one. Make sure you take notes of what they say and take your time with each questions and their replies.

 

Do you have as disability and have they failed to make reasonable adjustments for you?

 

Hey bonnygirl, thanks for taking the time to reply.

 

I was advised by my area union rep to put any other legislation in place to not limit myself to just the acts I have mentioned incase any investigation uncovers other breaches.

 

The reason I mentioned H + S was because I had already raised the issues on several occasions to senior management and the dignity at work champion who I believe have collectively done little or nothing to help me.

 

I have been suffering with severe depression and anxiety and know that I can class it as a disability after 12 months.

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Hi

 

I had something similar happen to me my advice is to get in touch with the indudstrial injuries claim line, and fill a form in for an industrial accident illness or incident i did and my illness was classed as an industrial accident and i recieve bebefit for this.

 

like the style of your letter good luck .

 

Suebear x

 

Hi Suebear,

 

thanks for the advice. Do you have a link to their website?

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  • 2 months later...

Hi all,

 

sorry for the delay in replying. I have not had much to update you with as the company have been dragging their heels. Anyway this is a brief summary of where we are now.

 

Attended hearing and they asked me for the evidence I had to support my claim. I had logged every incident, with potential witnesses and when they occurred. Given them a list of complaints relating to the grievance and they were a bit surprised at the amount of evidence and called a halt to the meeting so they could process it all. They informed me that they would be treating the grievance as two grievances. One relating to pay and one to the harrassment. I was called back into work mid December to a meeting relating to the pay hearing and they rejected my grievance, I am appealing and have heard no more. I have got my 2nd hearing tomorrow.

 

In the meantime I have returned to work and they are making life awkward for me to say the least. They have deducted my wages and I have now had to submit another grievance for witholding pay. I am upset that they can take money away from me knowing that I will not be able to pay my mortgage or support my family. I know there is nothing I can do but go through the process again but it is becoming extremely difficult to take after being a loyal hard working employee for over a decade. I discussed the issue with a colleague and he said I should ask for an explanation. I was going to send the following to the HR rep, if anyone has got any comment or advice about what I am going to send I would appreciate it.

 

Dear ..... Following your decision to deduct my wages I wanted to ask you if you could help me gain knowledge and understanding of the policies you have applied to my circumstances and the triggers which you have felt have made it necessary to deduct my pay from ...th Jan - ....th Jan.

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Hi Honeybee,

yes I thought it was illegal but they are. The reason for it is because I did not have a sick note to cover my period of abscence. The reason I believe it is illegal is because I told them I wanted to return to work in late December and they said I had to see OH to be given the ok. I went to OH on the 4th and he said I could return to work but recommended a different department than my manager as the investigation was ongoing. I initially agreed but after disccussing it with my wife I thought it might be more detremental to be placed in the dept next to my dept doing a job I am not familiar with and with people I don't really know. I felt it put me at a disadvantage with respect to my manager and called HR on the 5th to ask if I could return to my own dept rather than another one. They informed me that if I was not happy then they could find me somewhere else and I could remain off work with no pay. I said that this was not acceptable to me and asked them to speak with the OH Dr. I was told that they would speak with him and ask him on my behalf. They called me back on the 6th to tell me that they had discussed it and the original assessment stood. I asked them to contact the Dr and get him to call me. I had still not heard anything and called HR to ask for an update. They inform me that they had found me a dept to work in and I asked them where my call from the Dr was. I was told that they would chase him and get back to me. HR rang me by mistake thinking it was the doctor they were calling and said she had not been able to get hold of the doctor. HR again asked me if I was returning to work and reporting to another manager in a different dept. I said that I still had not discussed it with the Dr and didn't know where I was to go yet. In hindsight I should have just gone in but they were just ignoring my request to talk to the Dr. I eventually spoke to the Dr on the 17th face to face and he apologised to me for not calling me but said he could not pick up his messages as he had no signal on his phone. I had already started work on the 16th in the dept they wanted me in and this week they told me they were deducting my wages from the 5th - 16th. I contested it and said that they were keeping me from work because of the investigation at least up until the 11th and I would take no pay from the 11th - 13th and suggested that I use holiday to cover this but they just said you don't have a sick note from the 5th so you are therefore AWOL and thats why they are not paying me. Hope that answers your question.

 

cheers

 

Miffed

 

BTW I had been calling and emailing everyday to ask where my call from the Dr was and requested an urgent update to which I got no reply.

Edited by miffed_with_mobile
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