Invite to disaplinary - letter or phone?

[saggy]

Hiya there

 

I got suspended from work around 3 weeks ago for failing to turn up to a shift.

The suspention was done verbally by the manager but said he would be sending out a letter to confirm this.

I never did receive this letter.

 

I heard something from a collegue that I failed to turn up for my disaplinary that I was apparently told about via letter. This was scheduled for monday just gone but I didnt turn up as I didnt know about it.

 

I rang in and spoke to the manager on wednesday and he confirmed I was sent letters recorded delivery but I have received nothing. He said not to worry as another letter has been sent out to me on the tuesday - recorded again - but I have still not received anything. While on the phone he verbally told me it is scheduled for this tuesday.

 

The questions are....

 

1. It cannot be held against me for failing to turn up for the meetings seeing I did not know about them?

2. If I do not receive the letter for the second meeting but was verbally informed - do I have to turn up for it?

3. I have not had any written confirmation of my initial suspention (or reason why), my first meeting, and it looks like I have nothing for the second meeting either. Where do I stand?

 

They do have my correct address so I am at a loss to why I do not have anything as yet. I think its a load of rubbish as if they did send it recorded they could track it and see it never got here. It also seems they are not following the company procedure.

 

Suggestions please

[rebel11]

Hi saggy

 

I would write to the Director of HR Department, detailing the information you have provided above with the dates, send it Recorded. Stating that this is totally unsatisfactory. Don't speak to them over the phone. They can tell you all sorts of rubbish and not keep to it. Well, you haven't signed that you've received any letters so it can't count against you.

[CONCILLIATOR]

Hiya there

 

I got suspended from work around 3 weeks ago for failing to turn up to a shift.

The suspention was done verbally by the manager but said he would be sending out a letter to confirm this.

I never did receive this letter.

 

You were suspended for failing to turn up for a shift. How many shifts did you miss? Does your employer have an absence notification procedure, ie, are you supposed to ring in and inform them of your intended absence and if so, when? Was your suspension the result of not keeping your employer informed?

 

You say that you were suspended by the manager verbally. Was this face to face when you returned to work or was it over the phone? Was the length of the suspension mentioned at all? Does your employment contract or terms and conditions statement specify the length of suspensions?

 

 

I heard something from a collegue that I failed to turn up for my disaplinary that I was apparently told about via letter. This was scheduled for monday just gone but I didnt turn up as I didnt know about it.

 

This implies that your disciplinary hearing was scheduled for a date roughly two weeks after the event. Did it not occur to you to get in touch with your employer for two weeks to enquire about your position?

 

 

To answer your questions:

 

1. It cannot be held against me for failing to turn up for the meetings seeing I did not know about them?

 

Any information sent by mail and not received, therefore not acted upon, can’t be held against you. Your scant indifference in failing to keep in touch in order to keep yourself informed of your employer’s handling of your predicament can be held against you. Your silence and indifference speaks volumes

 

2. If I do not receive the letter for the second meeting but was verbally informed - do I have to turn up for it?

 

It’s up to you whether or not you turn up for the second meeting. Considering you plead problems with the mail as justification for failing to attend the first meeting it would be difficult to justify your failure to attend the second meeting when you have been told verbally.

 

3. I have not had any written confirmation of my initial suspention (or reason why), my first meeting, and it looks like I have nothing for the second meeting either. Where do I stand?

 

You can’t claim that you do not know the reason for your suspension. You have explained why here. You can’t claim that you are unaware that problems with the mail prevented you having the written confirmations you seek. You can’t claim that you were reliant on that same mail despite being told verbally of the proposed meeting.

 

 

Where do you stand? You have the opportunity of attending that meeting after 3 weeks of inactivity to put your case. Concentrate on justifying your failure to follow company procedure and minimising the consequences.

 

If your manager did what he claims to have done its difficult to see what more he could do. The senders of recorded delivery letters are given receipts; you could ask to see those if you suspect deception.

[saggy]

You were suspended for failing to turn up for a shift. How many shifts did you miss? Does your employer have an absence notification procedure, ie, are you supposed to ring in and inform them of your intended absence and if so, when? Was your suspension the result of not keeping your employer informed?

 

You say that you were suspended by the manager verbally. Was this face to face when you returned to work or was it over the phone? Was the length of the suspension mentioned at all? Does your employment contract or terms and conditions statement specify the length of suspensions?

 

I was apparently suspended for not turning up for the evening shift on the monday. I worked the monday morning so for all intents and purposes it appears that I had walked out. I did not hear from them for several days and was told verbally face to face when I did go for my next shift. At the same time as this I handed them a letter stating my grievances (not being paid correctly for work done, unsafe working environment, food hygiene issues and not following working time regs)

Also at the same time I was told I would recieve 2 letters. One to confirm suspention and another to invite to disaplinary.

 

I did not think it was the employees responsibility to ring in to find out where they are. If it was sent recorded I am sure it in the employers hands.

 

It does not state in the contract (although I have not had one after 4 months) the length of suspention but suspending me seems to overstep the mark as me being there would not cause issue - apart from the fact I am a certified kitchen trainer for the company and poingting out the things which are putting people at risk does not go down too well

 

In fact I was told by the managers daughter that if I dont like the unsafe working conditions - then to leave - and I have this in writing also.

 

Your scant indifference in failing to keep in touch in order to keep yourself informed of your employer’s handling of your predicament can be held against you. Your silence and indifference speaks volumes

 

So I speak volumes if the manager only works evenings and cant be bothered to sent out letters in a timely manner? It seems to have taken from the 17th Oct when I did not turn up - until the date of the 7th (the meeting date) so there is a timescale of 3 weeks or so there. I went into the work on the 20th which is when I handed the letter in and I was suspended.....

 

It’s up to you whether or not you turn up for the second meeting. Considering you plead problems with the mail as justification for failing to attend the first meeting it would be difficult to justify your failure to attend the second meeting when you have been told verbally.

 

So if the company procedure is to always inform in writing - and they do not follow this and do it verbally then thats fine?

The fact I have not had any of the 3 letters so far makes me think it billy bull and they trying it on to try pushing me out the door. They do not like that I point out they serve unsafe food and most of what they do is opposite to the Food Hygiene regs and what is company policies and procedures.....

 

9. If it is decided that there is a disciplinary case to answer, the employee

should be notified of this in writing. This notification should contain

sufficient information about the alleged misconduct or poor performance

and its possible consequences to enable the employee to prepare

to answer the case at a disciplinary meeting. It would normally be

appropriate to provide copies of any written evidence, which may include

any witness statements, with the notification.

10. The notification should also give details of the time and venue for

the disciplinary meeting and advise the employee of their right to be

accompanied at the meeting.

Takes from ACAS website

 

So very little of this has been followed.............

 

In summary - I did not go in for a shift due to me being fed up with unsafe environment, not being paid etc as above. All of my complaints were noted and to be dealt with. Various issues have been present for months though nothing is solved. I get suspended. I get told if I dont like it then leave. Manager is slow to send anything out to me and what is sent is not delivered.

 

And all this is my fault?

 

I am waiting for the company to follow the correct disaplinary procudure (I trained to be a manager so I am aware of the procedure) as it all seems a bit cloak and dagger in pushing me out......