please help

[debbie666]

hi all,

newby i have apriblem which i hope someone can help with, i have worked for a large retail company for 12 years,and due to no fault of my own my manager was sacked for fraud was shocked as i was the supervisor and never picked this up anyway to cut a very long story short i had to take over the store untill new manager was appointed i got taking a lend off for 3 months no sign of manager no help and eventualy it came to a head went off with stress then unions advised me to take them to court which has now just ended 4years later yes it took four years and i got not a penny iam still employed with this company, i asked my union to to ask my company what they would give me to go and what the have come back with is a laugh not a penny more that iam entitled to if i took my redunancy, so what my question is i called there bluff and said i want to go back to work thinking they would up the offer as i dont want to go back and iam sure they wont want me now after 4 years and taking them to court but they have said through my union rep they will hold a meeting with me i am shoked iam shaking writing this ,does any one think there now calling my bluff or will they have to phase return me back to my job, my other question is like a say 4 years the store now has a new supervisor and i dont think there is anywhere for me to go in this store but i dont want if i had to go back go anywhere else can they move me somewhere else please help:|

[Bigredbus]

Hi,

 

So...

 

(a) you worked for that company for 12 years as a supervisor;

(b) your manager was dismissed for fraud;

© you took over the shop and covered up until a new manager was engaged? (how long was that period of time for?)

(d) ''it came to a head'' and you went off with stress;

(e) you pursued a legal course of action against your employer ad it lasted for 4 years (is it safe to say that it all started in 2008?)

(f) you lost your case?

(g) you proposed some kind of ''compromise agreement''?

(h) apart from what would be due to you (statutorily), they are not prepapred to pay anything else?

(i) in order to trigger a reaction you offered to go back to working for them?

 

Now...

 

(1) are you off with work related stress for the past 4 years?

(2) has the company taken steps in relation to your ill health situation?

[debbie666]

thank you for your speedy reply yes i have always been covered with a sick note first it was stress then my doctor changed this to depression due to all that was going ie court case etc. at the beginning they did put in place oph then once the court case come up nothing i had never heard nothing off them for 3 half years till now

[Bigredbus]

Well, the first thing you should do is talk to the union representative and find out the motive of that meeting. Then you must attend that meeting... Two possibilites... (a) they discuss a possible phased return to work, or (b) they discuss an exit which would be satisfactory to both parties...

[debbie666]

thank you i will attend and see just wish they would pay me off with a reasonable offer but time will tell

[madari]

Hi

 

Another outcome that you need to be prepared for is Dismissal.

 

I ask you to google the leading case of `McAdie v Royal Bank of Scotland UKEAT/0268/06`which I believe has similar hallmarks to your pridicament.

 

Good luck

Edited February 9, 2012 by madari

[debbie666]

thank you will do that now

[madari]

thank you will do that now

 

Let us have your comments please!!

[debbie666]

have just read this,the differance with this is they have never tried to phase me back to work before at the beginning they did have me talking to there occupational health and her final reports where once i was feeling better i could resume my job and it the time i most probably would of went back to work as by then they had a new manager in place after 6 month of me leaving and i had a meeting with hr and the new manager in my home he promised me everything at the time said i would consider what he said then 3 days later got a phone call off my union rep saying that the new manager had handed in his notice the store was back to square one again i would be mad to go back, i was so upset as he must of known this when he was promising me everything that he was going to hand his notice in hence then it went to court

[madari]

Hi The problem you have is that you dont have any evidence of the phone call from your union rep.

 

My advise is to `just be guarded`and prepared for the worst outcome.

 

Also remember, the employer will try every dirty trick in the book to get rid of a `problem`and as for `usdaw`[your union, if i am right] are as useless as a choclate fireguard and I personally would not trust them.

 

Good luck

[debbie666]

thanks madari will have my union rep there plus he says he wants to talk me through as soon as they set a date

[madari]

Hi

 

Make sure everything that the union rep tells you is recorded[in writing] and then get him to sign it.

 

Good luck