Suspended on Full Pay (nearly a month)

[Debvfm]

On another note in your valued experience am I likely to receive the decision on the disciplinary on the day? Or wait weeks like some other poor souls on here???

[Emmzzi]

expect to wait while they ponder. anything else is a bonus.

[Debvfm]

Oh OK thanks for that. From the wording of their letter it is like the decision will be made at the end of the meeting. I very much doubt it however, as its taken nearly two months to get this far. That is when the CA will rear its head no doubt. Many thanks.

[Debvfm]

Good morning all. I have an urgent question that I would be grateful of an answer for please in readiness for my disciplinary tomorrow. I have looked through the bundle of information that my employer has given me and it would appear that the manager that I have filed a grievance against is the person who has carried out the second investigation (calling customers to check they have seen me). I cannot see that this manager would be impartial and urgently need your comments. Many thanks as always.

[lbruk]

I would say that you doubt the managers impartiality due to your grievance being raised against them. Seems odd that they would even consider anyone that had prior knowledge of your problems to be involved in an investigation.

 

Was the grievance known at the time of the investigation?

[Debvfm]

Hi Ibruk thank you for your swift reply. Yes, the grievance was lodged upon my suspension as the manager had an 'axe to grind' with me. I then had to ask HR that they not take the first investigation meeting as they were not impartial and another area manager took that meeting. They had nothing on me so went away for another 3 weeks to 'dig the dirt' as it were. Even companies that stated that I visited but the customer could not be sure who saw me have been included in my alleged catalogue of crimes. I cannot believe that they would let this manager conduct the investigation as one of the points of the grievance was victimisation. Thank you again.

[lbruk]

Definite impartiality issues! It does sound like the company really have it in for you!

[Debvfm]

I have a union rep to take in with me so hopefully I will have someone on my side. I will make sure I ask the question to see who exactly conducted the second investigation. From the managers commments (I know it is is the person in question) as they were my direct line manager and they say at the end of each call (that says I didn't see the customer although I have proof) that they didn't grant me permission to work from home on the day in question. There is only one person who could grant me such permission if I had asked for it. I fail to see how they could have made such an error, perhaps this is why there has been no mention of my grievance since. I am beginning to wonder if this is all in fact a set up.

[Debvfm]

I had my disciplinary yesterday, and as was expected (although not by my union rep) I was dismissed. I have emailed a request to appeal and a ET1 form is being lodged on monday. Is there anything else I need to do? Many thanks.

[Debvfm]

I have my appeal on the 13th September. Any suggestions on what I need to do please? The grievance was thrown out and no more was mentioned. Can I raise the grievance again? Thanks

[Emmzzi]

sorry hon not nice!

 

when you say "thrown out" - can you expand on that?

 

what reason did they give for dismissal.

[Debvfm]

Hi Emmzzi thank for your reply. Sorry I think I got the terminology incorrect. The grievance was not upheld they said there was no case to answer. My union rep was very good and said the matter was not serious enough for me to be dismissed (he certainly got that wrong). I was dismissed for falsifying records, ( I put the incorrect contact name on the entry) which was due to my inability to type and being unable to add new contact details. They agree that I did make the visits and was not on a 'jolly' so to speak but said the matter was so serious that they had no option. We did explain that had the RTW interview been carried out then they would have been aware of the issues with my hand and made allowances. Sadly this was not the case. Many thanks.

[Debvfm]

I have today spoken to my Union Rep and I will have someone to accompany me on my appeal, however the lady who deals with the IndustrialTribunals is off sick and unable to send the forms off at the moment. Am I jumping the gun in sending the form off myself? I also wondered what the best grounds are?

 

Discrimination? I have been dismissed all other people found guilty of worse crimes got a quiet word in their ear? Or other grounds stemming from the fact that they did no RTW interview made no allowances for my injury and penalised me for having the injury by dismissing me?

 

Your help is gratefully received. Many thanks

[Emmzzi]

Discrimination needs to be because of a protected characteristic - *because* I am disabled, female, of a certain race or religion. Your dismissal does not sound to be due to a disability specifically. Do you have evidence (not verbal or opinion) that it is?

 

You have 3 months less a day from the dismissal to lodge the ET1 so if you can wait I would, help with the form will make it less stressful.

[goboy]

Even if you have evidence of a disability it will be up to the tribunal to decide whether you are disability. A relative of mine was getting sever disability allowance, but the employer still did not recognize my relative as having a disability and would not make adjustments recommended by GP and A2W. It was up to the tribunal to say that my relative is indeed disabled in accordance to the Equality Act 2010.

 

But every employer is different and your may not be so punitive. Your employer may office you a CA to go away if you put in a ET1.

[Debvfm]

Thank you Emmzzi and Goboy. I would prefer an CA to go away as it is I have no money to come (apart from holiday not taken) and also commission however I am not sure I will get anything from them. I was getting over an operation on my hand which made typing (a daily requirement) impossible and caused me huge pain and discomfort. I feel I have been victimized for having this injury and for being the oldest member of the team (my manager pointed this out on many an occasion). I was also embarrassed in front of the whole team when they suggested I was sleeping with a member of our team (who wasn't there at the time).

[Emmzzi]

for an ET you need evidence of this treatment - meeting minutes, witness statements, memos, etc.

 

what have you got?

 

I agree, I cannot see why they would offer you a CA.

[Debvfm]

Hi, thanks for your reply. Upon my suspension my company laptop was taken from me and my blackberry. I have several witnesses who are willing to give evidence (as they so succintly put it) they only have to tell the truth. My main gripe with them is them not checking that I was fit for work in the first place. If they had of done the necessary allowances would have been made. My employer tends to offer CA's as they do not wish to go to court nor their apparent good name dragged through the court. They have a ex employee currently taking them to an IT for over £2 million.

[goboy]

Also, it will cost them more by way of legal fees, therefore it worth taking it as the the will be CMD or PH to determined whether you have a case or not, this will also cost the employer money to defend it. If it is a large employer they are also short of money due to recession.

 

Employer good name, I was very surprise about the good name of my employer when a relative of mine was going through it with the employer the legal adviser knew exactly how the company operated so it was not a surprise for them as it was not the first time they have done this to their employees.

 

Also, do not rely on colleagues to help you as when it comes to the crunch they will let you down. The litter they know about what you are doing the better it will be for you in the end.

[Debvfm]

Hi Goboy thank you for your reply. My ex employer is not short of money at present they are making a mint in the recession whilst their competitors are struggling. This is mainly due to much pressure on their sales team and high targets plus they have over the market share of business. I am playing my cards close to my chest regarding colleagues but i do have an ex colleague who they did this too who has been very supportive. When I say my employer has a good name they were voted in the top 100 people to work for. They do not want to lose this title. I feel I am due something for the stress and anxiety they have put me through, also my injury has taken longer to heal due to the pressure at work. Thanks again.

[becky2585]

Hi, thanks for your reply. Upon my suspension my company laptop was taken from me and my blackberry. I have several witnesses who are willing to give evidence (as they so succintly put it) they only have to tell the truth. My main gripe with them is them not checking that I was fit for work in the first place. If they had of done the necessary allowances would have been made. My employer tends to offer CA's as they do not wish to go to court nor their apparent good name dragged through the court. They have a ex employee currently taking them to an IT for over £2 million.

 

On what basis are they trying to claim £2 million?!

[Emmzzi]

A CA is normally offered instead of dismissal. If you have been dismissed already, they are not heading for a CA. They may settle an ET before it gets heard but that is a different matter.

[Debvfm]

Hi, the ex employee is claiming the 2.4 million for unfair dismissal he has been with my employer since 1979. The hearing is already part heard and conclusion is on the the 10th September. My union rep has wide experience of my company and said they usually settle hours before court. I have my appeal next week and without my requesting it they are already appealing the grievance decision as well. Fingers crossed for a better outcome although I do not want my job back.

[Debvfm]

Good evening all.

 

I wondered if someone could please advise me? I have my appeal this Thursday and have only just received the letter of dismissal and the reasons why.

 

I am so angry that the reasons they have put are ones that I have denied and can prove are wrong. They are claiming I falsified records when I have proof (compliment slips etc) to prove I was there. One customer (who i am quite friendly with) has allegedly told them I wasn't there and to be honest I don't trust the lady who did the investigation, this is an exercise to get rid of me no matter what. One customer was on holiday and they say I didn't go in there but now he is back they haven't called him to confirm.

 

Now I longer work for the company can I contact the customers to clarify what has been said (if anything)?

 

what is the best way to deal with this injustice please?

 

Many thanks

[drop47]

I take it you are a rep and the company are accusing you of failing to do your job? You say you have only just been given reasons,was there an investigation and disciplinary. How long have you worked for the company?