Tricky situation

[gbjadyy]

Ok Guys,

 

i have been working for same employer for 12 yrs,

over they last 5 or 6 years i have been left to deal with tasks that are not in my job description !

 

to be blunt i am techincally on the bottom rung of the ladder

but have been expected to stand at the top without my permission or any form of contract to do so

 

it had reached a point where customers themselves thought i was the owner of the company

as all dealings and company decisions would be left to me aswell as being expected to open and close premises

again without ever asking if im happy to do this or and form of written contract

 

technically i have been lumbered with big responsibilites and plenty of stress from the job even though my job title still left me at the very bottom of the ladder

and still on the wages of being on the bottom,

 

i have never been rewarded for all the extras duties i was stuck with even though i have repeatedly raised the grievence with the managing director

 

his attitude is to ingore anything you say simple because he wants to offload his duties onto me

and half the time hew ould just go out and leave me stuck with it all,

 

making things worse is that another employee does have job title of supervisor and is paid more than me for this role

but he is not actually capable of the role so i end up stuck with his duties aswell !!!,

 

recently i had to take time off due to a back problem and whilst off and with precious time to myself for once

it started me thinking about all these problems again

 

so i went to see the manaher to raise my greviences yet again with the hope that things can be sorted for when i get back to work

but to be honest i was met with him pretty much ignoring again and no interest in talking about it,

 

i then said that i may have to consider leaving under constructive dismisal as i had been left feeling that he wanted my job ended anyway

but not issue redundancy ( he had def changed his attitude towards me in recent months and even at one point commented to another employee that i wont have my job much longer)

 

it appears that just because i was asking him for a correct job title and sensible money to reflect that then he thinks it ok for me to be gone after 12yrs faithful service.

 

After the meeting with him i wrote a letter explaining my problems and gave it to him,

he has not responded to it so technically i believe at this point in time i no longer have a job and tomorrow i am supposed to pick up my P45 from him

 

although technically i have never given him written notice to quit and he has not technically said i have been dismissed either,

although it was me that asked if i was getting p45 from him and he said yes

 

so does this meen he is dismissing me?? and altso with all the problems involved would this come under discrimination?

 

as i was on less money and yet did one of the most demanding jobs there and even then was against my will but was simply left with no choice but to get on with it,

 

also can someon clarrify,

 

i worked 5 and half day week ) 441/2hrs)

can someone say if overtime should be paid for anything over 37hrs

( there is no written contract of employment so obviously this would put me under statutory employment laws)

although at one time my gaffer did try to get me to sign a contract

but i refuse as the contents pretty much signed my life over to him according to what was in it

 

lastly can someone confirm based on my working hours my holdiday entitlemnt would be 51/2day x 5.6 ??

is this correct?

the manager alsways claimed we get 28 days a year and that includes banks holidays and that is what all employees have been taking

but i need to know if the manager is doing people out of time they are allowed

[gbjadyy]

anyone at all got idea's on this one?

[papasmurf1cx]

Can't see where there is discrimination. Perhaps you could clarify why you think that.

 

Also seems rather late in the day to try and get change. Seems you would be an asset elsewhere and let them flounder without you (or work harder !!)

 

Suggest you repost if and when you are handed a P45. If you are not then I think the guys will be able to help you make their life more traumatic without you there to bail them out.

[gbjadyy]

i believe the discrimination comes into play becuase of equal pay??? i a lesss money than those above me and yet i do there job aswell as my own and they DONT do there job, P45 is expected tomorrow, i also put in writing my greivences and was met with no answer or even trying to resolve and i believe managemant has a duty to least attempt resolution so without even attempting then is this not as good as saying, "live with what you do on the pay you get or bye bye" ? i couldnt possibly do anymore to resolve issues but manager just completly ignores all the time, also when he made comment another employee about me losing my job he was actually refering to me being late opening the premises that morning and yet i have no obligation whatsoever to open the premises, also i feel it is very wrong he should make such a comment to a fellow employee and yet say absolutely nothing to me ! is this acceptable behaviour for a manager?, it also goes to support my theory that he wanted my job ended anyway, over the years i have witnessed many time staff come and go and i have seen first hand how the mangers attitude is towrds them when he wants them out and recently that very same attidute has been directed towards me

[dreadpiratesteve]

So it's an Equal Pay issue.

 

In regards to the P45, I'd find it hard for someone to just hand a P45 without working their notice, as mentioned let's see if the P45 turns up. If not then you're looking at a formal grievance. If you need a friendly ear, you could always give acas a call!

 

Secondly, how often does the manager open/ close the premises?

How often does the supervisor/ other staff open and close the premises?

How often do you open/ close the premises?

 

How long has the supervisor been in his role? As he could be training up on the way the business works and needs support from an experienced member of staff such as yourself.

[daggersedge]

From what you have said, no, I don't think there is any discrimination. This just sounds as if it is a case of poor management. The managing director should have handled this differently; he should have taken into account all the work you have been doing.

 

On the other hand, and I hate to tell you this, but, you, too, bear some responsibility here as you have taken it for 5 or 6 years. Perhaps the managing director didn't take your complaints seriously because you kept on doing all the tasks that weren't part of your job description. If the pay and the responsibility weren't to your liking, you should have said something years ago, and, if no-one listened or did anything about it, then you should have found another job and handed in your resignation. You might have found that the MD would have made you a better offer at that point and if he had not, you would have been covered. I don't know whether it is against the forum rules for me to say this, but I am only doing it to try to help you. You have been treated badly, but you also need to be more assertive.

 

The best you can do is learn from the situation. And, who knows? Maybe once the company realises that you aren't coming back, then maybe it will begin to appreciate you and you might even get a call.

[gbjadyy]

I exhausted all possiblities of trying toresolve the issue though and also due to never being made aware of company greivance policies i have in the end had to take it upon myself to try to resolve in the way that i have ( first verbal meeting with no joy then a formal letter of greivance again with no joy), the other member of staff has been in the compnay for 26 yrs and has the role of supervisor but as i said this role for him is actually beyond his capablities so whilst he got more money i didnt and yet did his job and mine, 4 yrs ago i brought up the problems and told the gaffer i may have to resign then if problems cant get resolved and at that time he virtually pleaded for me to stay and promised if i satyed then he would ensure problems would be resolved within 3 months but from then till now nothing has changed, unfortunately its not a simple case of me just refusing to do tasks ( that would be the easy way out of the problem) due to the nature of the business and the fact that the manager would just go out at any given time i ended up with no choice but to do the managers job for him as i was the only one capable, but as i have said he has taken advantage of this and simple end up presuming thats what i should do, there is no written agreement or contract in place, some of my greviences also relate to health and safety at the premise as these rules are broken on a regular basis and i wasnt happy with that, infact aorund 7 weeks ago one employee ended up injured and off work because he was being expected to do a job that the workshop is not even equipped to deal with and at the time the manager told me to do that job but i refused stating we was not properly equipped and he is expecting us to carry out jobs in a dangerous manner just so he can get an invoice paid ( like is said i was right and before you knew it someone was injured on that job and ended up off work)

 

i went to see the manager on saturday aswell, bearing everything in mind and what i had put in my letter to him ( my job title is vehicle technition) i actually asked him what my job title was and strangely and wierdly aswell as making no sense whatsoever his rely was " your job title is "statutory" , i would love to know what the hell he was supposed to mean by that and obviously i told him he should lookup the meaning of the word " satutory"

[gbjadyy]

i forgot to mention i have already contacted acas and they are going to look at reconcilliation based on me doing duties of a manager without reward while other members of staff were better rewarded for a far lesser responsibilty , also i have been a key holder for a long time but this was because some years ago i was also a roadside breakdown/recovery staff memeber so had to have keys to drop of cars on the forecourt when outside workshop opening times, however this role ended around 4 yrs ago due to changes in the company but i was told to "keep hold of the keys becuase u might need them" , obviously this was always his plan to end up expecting me to open up at times, it wasnt everyday i open up though and the day in question that it was opened late was because the manager himself was late so just because he was running late he took it out on me for the premises being opened late !!! how could i be held responsible when it is not my duty to open up?

[gbjadyy]

So it's an Equal Pay issue.

 

In regards to the P45, I'd find it hard for someone to just hand a P45 without working their notice, as mentioned let's see if the P45 turns up. If not then you're looking at a formal grievance. If you need a friendly ear, you could always give acas a call!

 

Secondly, how often does the manager open/ close the premises?

How often does the supervisor/ other staff open and close the premises?

How often do you open/ close the premises?

 

How long has the supervisor been in his role? As he could be training up on the way the business works and needs support from an experienced member of staff such as yourself.

 

supervisor has been in that role before i started work there 12 yrs ago and unbelievable this same guy regulary turns up at work intoxicated and then drives cars in that state ( needless to say this was once of my official greviences with the manager) i know you guys are going to say call health and safety and i know your right but i feel the manager should do his job and take action emediately when this staff member goes to work like that but he doesent and he is fully aware, sometimes even made comments to myself about him stinking of alchohol , at the end the day though this is the guy on more money and supervisor role and after 26yr there still is not capable of doing half what i can and do perform