I need advice before I lose my job. Constructive dismissal.

[SubJectioN]

Basically, my work has a new supervisor and site manager now and the previous one moved onto bigger things. Anyways; she sees me as competition or a threat and has ever since been trying to get rid of me. She's given me numerous disciplinaries for the most ridiculous things. I was given a final written warning due to not signing out the sign in book. I admit I missed a few BUT I wasn't the only one; there were many yet I was the only one who got a disciplinary; the ****ed up thing is that I have proof that SHE herself wasn't signing the book and when it was time for it to be sent off; she AMENDED all hers and filled them in but left mine. That alone is clear victimization against me and bullying AND falsifying company documents? Yesterday I received ANOTHER disciplinary for not clocking the book again yet I looked through it and I missed one; just ONE. she's claiming that somebody else has been signing me out as well. Also in my company handbook there is a minor offence that is for minor missing clockins that I should of got before a gross misconduct right? I don't know about that one.

 

There is a guy who is registered as blind and my manager allows him to use heavy moving machinery that cleans the floors with water and chemicals which puts himself and the rest of the workplace in danger; I told her these claims and she's said that its discrimination to not let him? Health and safety is a higher severity in my opinion, so who's right?

 

There is a women who now sadly has cancer in my workplace and is off due to this but before she was off; my site manager thought it was funny to pop her tires on her pedal bike so she had to walk home. That is disgusting and vile if you ask me.

 

My supervisor is always coming in under the influence of alcohol; he absolutely stinks of it but yet she doesn't open her mouth and tell him to go home or take any action against him.

 

What is my best course of action? I have a disciplinary hearing with my divisional manager on Friday and I can't go in alone; they'll both rip me apart and stick up for each other.

 

I'm going to lose my job and I shouldn't be; yet I have no money to help me. If anybody is in the Blackpool area and is a legal Representative I'd really appreciate the help with this one. Thank you in advance to anybody who posts.

Edited October 6, 2012 by SubJectioN

[assisted blonde]

Are you in a union? if so get hold of the union rep asap

[Sidewinder]

Basically, my work has a new supervisor and site manager now and the previous one moved onto bigger things. Anyways; she sees me as competition or a threat and has ever since been trying to get rid of me. She's given me numerous disciplinaries for the most ridiculous things. I was given a final written warning due to not signing out the sign in book. I admit I missed a few BUT I wasn't the only one; there were many yet I was the only one who got a disciplinary; the ****ed up thing is that I have proof that SHE herself wasn't signing the book and when it was time for it to be sent off; she AMENDED all hers and filled them in but left mine. That alone is clear victimization against me and bullying AND falsifying company documents? Yesterday I received ANOTHER disciplinary for not clocking the book again yet I looked through it and I missed one; just ONE. she's claiming that somebody else has been signing me out as well. Also in my company handbook there is a minor offence that is for minor missing clockins that I should of got before a gross misconduct right? I don't know about that one.

 

What is the proof that she has been breaking the rules too? It is all well and good knowing it, but being able to prove it...? As for you not doing this yourself - unfortunately if it is a requirement and you have been missing signatures, then it is not unreasonable to take disciplinary action. Whether it is a minor or a major matter? May well be grounds to appeal any disciplinary sanction, but once again - depends on how many you missed perhaps?

 

There is a guy who is registered as blind and my manager allows him to use heavy moving machinery that cleans the floors with water and chemicals which puts himself and the rest of the workplace in danger; I told her these claims and she's said that its discrimination to not let him? Health and safety is a higher severity in my opinion, so who's right?

 

One would hope that there has been a Risk Assessment and that your colleague has not been found to be a significant risk to the H&S of himself or others. Has he actually put anybody in danger? Are you actually qualified to make that call? If a RA does not identify a significant risk, and if monitoring of the activity has not highlighted a problem, then removing the employee from his present role may well be discriminatory.

 

There is a women who now sadly has cancer in my workplace and is off due to this but before she was off; my site manager thought it was funny to pop her tires on her pedal bike so she had to walk home. That is disgusting and vile if you ask me.

Did anybody make a complaint or raise a grievance? What was the outcome?

 

My supervisor is always coming in under the influence of alcohol; he absolutely stinks of it but yet she doesn't open her mouth and tell him to go home or take any action against him.

 

And has anybody else noticed this? Have you had a discrete word with a Supervisor or Manager? Is the employee perhaps receiving support that you are unaware of?

 

What is my best course of action? I have a disciplinary hearing with my divisional manager on Friday and I can't go in alone; they'll both rip me apart and stick up for each other.

 

Don't go in alone. You have a right to be accompanied and I suggest that you use it.

 

I'm going to lose my job and I shouldn't be; yet I have no money to help me. If anybody is in the Blackpool area and is a legal Representative I'd really appreciate the help with this one. Thank you in advance to anybody who posts.

 

First of all I am sorry that you are awaiting a disciplinary, but I am going to be fairly blunt here. The best way to keep your job is to not start criticising the way that others do theirs. If the disciplinary is for midemeanours on YOUR part then those need to be addressed first and foremost. How seriously does the company view the non-completion of signing in records? Why did you not learn after the first occasion to remember to do this every time? Did you appeal against the final warning on the basis that this was a minor misdemeanour? If your defence at the disciplinary is that your Supervisor does the same, then how is this likely to help the fact that you are still in fact guilty as charged? Even if you have proof that your Supervisor is guilty too, is she on a Final Warning? Whilst she may get a slap on the wrist, but it won't necessarily help your case.

 

Similarly, whilst clearly there are some genuine concerns here about the way that your workplace seems to be managed, that has little bearing on your own situation.Those need to be addressed through proper channels - certainly a grievance, and I agree that on the face of it, the letting down of tyres seems to be appalling behaviour. Concerns over the employee apparently smelling of alcohol also should be taken up via an informal discussion in private with a manager, and if necessary a grievance if this person is acting in a way likely to present a risk to the workplace or the staff, but the question has to be 'What have you done about these concerns to date'?

 

YOu need to focus on how and why YOU have done wrong at this stage though. Lack of training? Inadequate supervison? Certainly, if there has been an error on your part, then an acknowledgement of this is due, together with an apology and a promise to address the issue and learn from it might be a good idea.

 

I do appreciate that your concerns are genuine, and it may well be that your mistakes were a genuine oversight, but I don't think that throwing allegations about over the behaviour of others is the right way to go.

[SubJectioN]

Basically, my work has a new supervisor and site manager now and the previous one moved onto bigger things. Anyways; she sees me as competition or a threat and has ever since been trying to get rid of me. She's given me numerous disciplinaries for the most ridiculous things. I was given a final written warning due to not signing out the sign in book. I admit I missed a few BUT I wasn't the only one; there were many yet I was the only one who got a disciplinary; the ****ed up thing is that I have proof that SHE herself wasn't signing the book and when it was time for it to be sent off; she AMENDED all hers and filled them in but left mine. That alone is clear victimization against me and bullying AND falsifying company documents? Yesterday I received ANOTHER disciplinary for not clocking the book again yet I looked through it and I missed one; just ONE. she's claiming that somebody else has been signing me out as well. Also in my company handbook there is a minor offence that is for minor missing clockins that I should of got before a gross misconduct right? I don't know about that one.

 

What is the proof that she has been breaking the rules too? It is all well and good knowing it, but being able to prove it...? As for you not doing this yourself - unfortunately if it is a requirement and you have been missing signatures, then it is not unreasonable to take disciplinary action. Whether it is a minor or a major matter? May well be grounds to appeal any disciplinary sanction, but once again - depends on how many you missed perhaps?

 

I have images of the sign in book that shows that she has missed multiple times clocking in and out of the book. This is taken extremely seriously by the company and it's considered fraudulent to not do so. It's not the fact that she missed, it's that she went through this 200page book and signed all her missed signatures and then gave me a gross misconduct. That's victimization. Like you said; I do acknowledge but she is deliberately targeting me. I should of got a minor disciplinary if anything but I never; it was an immediate gross misconduct.

 

There is a guy who is registered as blind and my manager allows him to use heavy moving machinery that cleans the floors with water and chemicals which puts himself and the rest of the workplace in danger; I told her these claims and she's said that its discrimination to not let him? Health and safety is a higher severity in my opinion, so who's right?

 

One would hope that there has been a Risk Assessment and that your colleague has not been found to be a significant risk to the H&S of himself or others. Has he actually put anybody in danger? Are you actually qualified to make that call? If a RA does not identify a significant risk, and if monitoring of the activity has not highlighted a problem, then removing the employee from his present role may well be discriminatory.

 

The machine she is allowing him to use is a scrubber drier; the guy hold a spoon and a cup of tea right next to his eyes because he practically blind. On multiple occasions and yes I have witnesses, he has left big puddles of water all of tiled flooring that is an immediate danger to every employee in that store. He can't see water on a floor; he has a guide dog as well. That surely can't be right. Shouldn't he be given alternative work? Is that breaking health and safety?

 

There is a women who now sadly has cancer in my workplace and is off due to this but before she was off; my site manager thought it was funny to pop her tires on her pedal bike so she had to walk home. That is disgusting and vile if you ask me.

 

Did anybody make a complaint or raise a grievance? What was the outcome?

 

Well because the company is all family related; it's really difficult to get complaints across through them. This WAS brought forward by her but nothing came out it. Isn't that vandalism and bullying? The women is dying from cancer.

 

My supervisor is always coming in under the influence of alcohol; he absolutely stinks of it but yet she doesn't open her mouth and tell him to go home or take any action against him.

 

And has anybody else noticed this? Have you had a discrete word with a Supervisor or Manager? Is the employee perhaps receiving support that you are unaware of?

 

Yes, many employees have but because he is the husband of a big manager; nobody speaks or even opens their mouth to him. You can smell him from a mile away and he looks so aggressive all the time.

 

What is my best course of action? I have a disciplinary hearing with my divisional manager on Friday and I can't go in alone; they'll both rip me apart and stick up for each other.

 

Don't go in alone. You have a right to be accompanied and I suggest that you use it.

 

I don't know what to do; I spoke to my old manager and she has confirmed that she's trying to get rid of me and is targetting me but she can't get involved. She has no contract rights to where I work now.

 

I'm going to lose my job and I shouldn't be; yet I have no money to help me. If anybody is in the Blackpool area and is a legal Representative I'd really appreciate the help with this one. Thank you in advance to anybody who posts.

 

Also she has been injecting a fellow member with illegal steroids in the workplace in work time; I wasn't there but I have a witness who seen this but like I said; people are scared of him and due to this and his wife; nothing gets done.

Edited October 6, 2012 by SubJectioN

[assisted blonde]

I would listen to Sidewinder on this, stop worrying about what everyone else is doing and concentrate on your own situation, did you miss signing in the book, if the answer is yes and its compamy policy to sign in/out then you have breached the policy, it dosnt matter what everyone else is doing it is you who are being questioned.

How long have you been employed? Have you had warnings about other matters? I would also be careful about saying that you have images of the signing in book I am not sure that you should be copying company documents, also the matter of the bycicle tyres and the steroids, you didnt witness these incidents your self so you shouldnt be bringing them up.

[Sidewinder]

OK - whilst I stand by my original point that I don't think that the unrelated (to your current issue) points have any direct bearing on the fact that you are subject to disciplinary action, I would strongly suggest that IF you have adequate proof of wrongdoing on your Supervisor's part, then you need to lodge a grievance before your disciplinary hearing. This needs to state that whilst you accept that there have been omissions in completing the signing in procedures previously, you feel that the sanction imposed on that occasion was particularly harsh, for the company's own handbook determines this to be a minor matter of misconduct, and therefore you should have received a lesser sanction than a Final Warning. Furthermore, you are also aggrieved that another member of staff in a senior position was guilty of the same act, but was able to amend the entries whilst you were not afforded the same privilege. Had you been aware at the time of the first hearing that your actions warranted only a lesser warning, then you would have appealed at the time. Whilst you are embarrassed to have made similar omission for which you now find yourself subject to further action, you are concerned that the unjust sanction of a Final Warning for the first offence now places your continued employment in jeopardy which would not have been the case had the correct action been taken before. You are particularly aggrieved that another person has now instigated action against you when guilty of the same misdemeanour herself.

 

You might also choose to add that you have Health & Safety concerns which despite raising them in the past you do not feel that these were addressed.

 

This, however is not going to make you at all popular and will almost certainly mark your card should you remain there! Employers generally do not appreciate what they perceive as a troublemaker, however you should make sure that you keep notes of absolutely everything (off site) and retain any proof that you have of wrongdoing.

 

Incidentally, how long ago was the first warning issued? Generally warning should remain on file for a specific period of time. Also, how long have you worked there?

 

The company should investigate any matters raised in your grievance prior to deciding what action to take over your disciplinary matter.

 

EDIT - just to endorse Assisted Blonde, the fact that you have taken images of company documents may well amount to a breach of trust, and cause further trouble. I also agree that you can't use hearsay as an argument - best to stick to what you know and what you can prove.

 

If you are going down the route of complaining about the Supervisor, then it might also be worth objecting if that person is forming a part of your hearing. Add to the grievance that you object on the grounds that you feel that it is inappropriate for the supervisor to sit in judgement on this matter due to her being the subject of your grievance. You feel that in instigating disciplinary procedures against you when guilty of the same omissions herself that you are being victimised.

 

I can't promise that you will get far with your arguments, but I do think that you have a point - not least that for any disciplinary sanction to be fair, then it should be applied equally to anybody guilty of the same offence, which clearly has not happened here due to the supervisor being in a position to cover up her own wrongdoing.

[Emmzzi]

Listen to sidewinder.

 

I have to tell you, if you were my employee I would be finding any way at all to let you go, because you come across as a stirrer. not fair, but how it is.

 

So don't stir up more ill feeling now; address your concerns calmly and logically, "in the best interests of the company." Leave your personal grudges to the side. They will do you no good whatsoever.

[SubJectioN]

Thank you for all the information. You're missing the point to why I mentioned the above. I wasn't going to bring them up at my hearing. I'm not a stirrer; If you worked where I work you'd understand that 98% of my fellow colleague have been bullied; one even cried at one stage due to being put under to much pressure.

 

I have witnesses and am a witness to the above points; the visually impaired guy is my friend; I ain't aiming this at him, he doesn't want to use the machine but yet he doesn't have a choice it seems.

As for alcohol; it's every single day, I get in the lift with him and he can hardly look at me. It scares me at times because he is an aggressive type, ex (bouncer), the last complaint didn't go anywhere, they had it quashed because like I said, his wife is high up the company food chain.

 

Thanks for all the advice guys; I shall be explaining everything as best I can to my sisters friend who's a legal solicitor and see what he thinks then I'll let you know how it goes. I'm genuinely a nice guy and haven't ever even been in an argument at work; we're all good friends except for what's been happening between me and management. She's victimised everybody there nearly in different ways, I spoke to a few today who are willing to back me up if this escalates.

[SubJectioN]

Thanks, I've written a formal letter explaining the grievance but I'm a little unsure on how to approach this. Should I tell my site manager about the grievance against her? Someone higher?

 

Could you quickly scan through this and give me any tips. I've added some of your information as I'm a law noob but I'd like to appear as professional as possible.

 

This is a formal complaint(Grievance letter) against my Site manager for victimisation, bullying and constructive dismissal.

 

I have been working for COMPANY HERE for nearly 5 years; before the new management, I was great friends with the site manager and it was a great atmosphere with great staff.

Ever since "HER NAME" became site manager, it all changed, I feel that I have been victimised on many occasions and bullied with disciplinary actions by my site manager. I feel every time I even make the slightest mistake, action is taken against me.

I didn't file a complaint back at my last disciplinaries because I felt pushed into a corner by my site manager due to my hour pattern and risk of losing employment; I'm on a 10 hour contract that limits my extra hours so they could be dropped/altered at any time which I couldn't afford, I can't afford to lose my job which is my only source of income and I was extremely worried financially.

 

I've currently had 4/5 disciplinaries since the new management which I now feel have all been building up for constructive dismissal and now I'm at a point that I just can't handle the stress and depression all this has caused me since she became site manager. I feel down and and just literally worn out all the time from worrying if I'm going to lose my job at any given moment or whether I'll receive another disciplinary action against me.

I've been referred to as the “virgin crew” by my site manager which escalated through some staff members which really offended me; I've been on many occasions frowned upon in areas of work that I currently have excellent potential for performing; I feel undermined as jobs such as stripping and sealing floors to which I currently have excellent skills in.

 

My first severe disciplinary offence regarding “consistent failure to sign out of client premises” I feel was a direct victimisation attack against me and a fellow team member and I don't know the reasoning behind this; whether it's because of my age or my presence in the workplace.

The sign in book contained missing clock ins from a member of management that I have evidence of but once I got to my hearing; they were all mysteriously filled in. All of my site managers and supervisors signatures had been amended but myself and my fellow colleague were left, then she filed a “Serious offence” disciplinary against us.

I've recently just received another severe disciplinary for the same reasoning as above (Consistent failure to sign out of client premises). This again I feel has been aimed specifically at me; I missed one clock in out of the whole book which shouldn't result in severe disciplinary by far. I've also been accused multiple times of allowing another member of staff sign me out of the book; this is complete fiction and hasn't been happening; Once again though the book there are multiple members of staff missing clock-ins yet I'm the one that receives the severe disciplinary.

 

I accept that there have been omissions in completing the signing in procedures previously, I feel that the sanction imposed on that occasion was particularly harsh, for the company's own handbook determines this to be a minor matter of misconduct, and therefore I should have received a lesser sanction than a Final Warning. Furthermore, I'm also aggrieved that another member of staff in a senior position was guilty of the same act, but was able to amend the entries whilst I weren't afforded the same privilege. Had I been aware at the time of the first hearing that my actions warranted only a lesser warning, then I would have appealed at the time. Whilst I’m embarrassed to have made similar omission for which I now find myself subject to further action, I'm concerned that the unjust sanction of a Final Warning for the first offence now places my continued employment in jeopardy which would not have been the case had the correct action been taken before. I'm particularly aggrieved that another person has now instigated action against me when guilty of the same misdemeanour’s themselves.

 

I object on the grounds that I feel it is inappropriate for the site manager to sit in judgement on this matter due to her being the subject of my grievance. I feel that in instigating disciplinary procedures against myself when guilty of the same omissions herself that we are being victimised.

I feel that this was a direct victimisation violation aimed towards us both also due to that for any disciplinary sanction to be fair, then it should be applied equally to anybody guilty of the same offence, which clearly has not happened here due to management being in a position to cover up their own wrong doing.

No other staff member who'd missed clock-ins received a disciplinary for the same matter yet she stated in my fellow colleagues hearing that “We weren't the only ones getting disciplinaries”.

 

We're both considered to have poor behaviour when working together so now I'm unable to work with that colleague; yet we've many witnesses and previous colleagues/managers who can verify our outstanding work quality, commitment and professionalism towards our job.

I believe that she has enforced a new employee called “Dee”, to monitor and watch me on Saturday afternoons after they had both gone home. I feel this is harassment towards me which diverts me from performing my job correctly and safely as I'm constantly on edge.

 

I really don't want this animosity; I'm feeling like I'm being pushed to have no alternative but to resign and leave. This will leave me financially unstable and I can't begin to explain the impact that would have on my life.

 

Signed

 

Which is best to refer to her as "her" or her Name?

 

Thank you so much again.

[Emmzzi]

To be taken seriously you need dates, times, locations and verbatim comments on what was said.

 

There's no point adding anything you don't have evidence for. for example what makes you think Dee is tasked with watching you.

 

Get more specific or you will sound like a mad grudge bearing rambler! Your letter is all opinion and no fact. I'd throw it out at first meeting.

[SubJectioN]

To be taken seriously you need dates, times, locations and verbatim comments on what was said.

 

There's no point adding anything you don't have evidence for. for example what makes you think Dee is tasked with watching you.

 

Get more specific or you will sound like a mad grudge bearing rambler! Your letter is all opinion and no fact. I'd throw it out at first meeting.

 

I'm just claiming that I'm being victimised with discliplinarys. The images I have are photos of the log in book that every employee has access too, what are the limits of that? Will the photos be accepted?

 

Can you please just advise me on to how I should go about filing this grievance? Should make her aware or just contact the company? I don't have a grudge against her, she's making my job difficult and I don't want to lose my job.

 

She shouldn't be issuing disciplinarys to employees for reasons that she is doing herself and I can prove.

[assisted blonde]

IMO its do as I say not as I do? If she dosnt sign the book that is between her and her manager, also I dont think you shouls say things like I have no alternative but to resign unless you are resigning. Is this a grievence or a resignation letter?

[SubJectioN]

IMO its do as I say not as I do? If she dosnt sign the book that is between her and her manager, also I dont think you shouls say things like I have no alternative but to resign unless you are resigning. Is this a grievence or a resignation letter?

 

I have nothing to back my self up with without them pictures. Hopefully I'll be resigning because I hate that place now; so much goes on behind closed doors.

[Emmzzi]

how your bosses boss manages your boss is none of your business, frankly.

 

In terms of how to write the grievance - exactly as I said. on this date, this time, this place, these people present, this happened. This was the effect. This is why it was unreasonable. This is what I would like the outcome to be.

[tinka]

IMO Sidewinder and Emm have the right approach here...in addition, it sounds like you sign in and our of your employer's client premises, which may constitute part of the service level agreement your employer has with the client....so if you don't sign the client could perhaps not pay. Although it is part of your company policy to sign in and out, supervisors may not be subject to the same requirement if she is not part of the bill hours for service; it may be irrelevant that she does not sign out. Far better to address what applies to you, in a factual manner backed up by any evidence you have.

 

Tinks

[SubJectioN]

She IS required to sign in and out; it's the log book that gets checked in case of emergencys such as fires and fire drills.

 

Hopefully if I bring up the images as a last resort in the hearing; they won't be thrown out but if they do; I've just been accepted for a job at another firm who agree with me and the victimisation and have offered support.

 

I'm not stirring but it's really difficult to explain the circumstances to anybody higher then them because every employee on the premises is afraid of the supervisor and won't open their mouths but when I speak to them in on their own they tell me everything and how they feel. I don't want this for my fellow colleagues and friends.

[tinka]

Hi Sub,

 

The problem with the images is that they could have been altered at any point - I take it you took photo of it, but it is very easy to alter dates on digital media so even if dated I don't think they will help...plus as already pointed out, there is the issue of breach of trust in taking those images in the first place. #

 

I still think you should address the issue as it relates to you...if you could get others to corroborate that would be great, but I do understand it is difficult when in fear of one's job. If you have anything that points to you having done a good job in all other respects and this is a small lapse then that would help your case too.

 

Good luck

 

Tinks

[Pusillanimous]

I appreciate you are aggrieved by the seeming injustice, Sub, but you need to précis your grievance. One page should be enough to begin with (perhaps two) and summarised as objectively as possible and without attributing motive. State "I believe Miss D has harassed me on the following ocassions [dates]" and briefly state how. State you are distressed, without going into great detail at this stage, and request a grievnace hearing. You do not want this document to come across as an angry rant. You just need to put enough to set the ball rolling for a grievance hearing. State that you will provide fuller details of your grievances at the grievance hearing.

 

Under no circusmtances should you state you have copies of the log book. Wait until you are asked.

[altobelli]

Be as specific as you can with your grievance, mention everything in writing as specific as possible, it may be important for you later that you raised concerns at the time. Mention everything in the grievance, even if it appears unrelated. You are being treated unfairly by the company, no doubt about it, this is quite often a problem with family owned businesses as they can be incestuous in the way in which they are run. I would advise you not to resign though, but you need to build a case for unfair dismissal should that happen, which means keeping records of everything.

 

It is highly relevant if it is common practice not to sign the log book and if you are being treated differently than others, particularly if your manager is falsifying records. Do you have email at work? Have management ever sent round emails asking people to remember to sign the book, or do they just wait for something to happen and then react?And you're quite entitled to query why your boss isn't being asked to sign the book by her manager.