Am I being mistreated at work????

[tmcc06]

Hi (sorry I'm a first time user nd this may be a bit long winded)

 

I used to work for a company but decided n leaving as I was pressured into full-time work as opposed to part time work and with having 2 young children and a disabled parent I care for and also medical problems myself I simply could not keep up.

A year after leaving the MD contacted me and persuaded me to return, I could come back part time in a Sales role and be set up to work from home should I have any problems getting into the office. It all sounded good so I went back.

 

On returning the company was in a real mess. Payday is the last working day of the moth but they pay by slow BACS so it takes 2-3 days to clear in our accounts, I have been paid on time once in 13 months. I send over my hours as asked every single month and put a note on asking to have it confirmed that payment is being released that day, I am always ignored, payment is not processed and I spend the next 1-2 weeks pressing my boss for my wages to be processed. I have incurred so many bank charges and not had money for my daughters birthday etc. Complaining, emailing etc does not help and my boss makes out that we are all causing him stress and problems and threatens to close the company if we all aren't happy. If we are not to be paid on time shouldn't my boss be informing us early and giving us some kind of idea when he can pay us? And shouldn't that be a short-term issue and not a 13 month issue?

 

Payment aside... my boss is always very keen for me to attend appointments with him and always telling me to wear a short skirt and low cut top and be flirty to win the business. He has made these comments in private but also infront of the whole office. Once before he has actually been at a meeting and called whilst with the client to ask me to send a picture of myself over. Where do I stand on this?

 

Also the company was struggling so I agreed to help and monitor the sales team to try and boost sales, this ended up somewhee down the line meaning that my role changed to head of sales and purchasing and having all sales staff report directly to me, this was never offered to me as a job role just always "can you do me a favour" as nice as I am I did it but the workload just kept increasing, then having the warehouse staff and accounts and logistics report directly to me, the latter I was never asked Ijust started receiving reports from the staff and being keen to make the company a success I carried on.

 

I was never given a new contract for this work and never paid anymore (just promised I would be), I actually earnt less as my sales accounts were divided up between the other sales guys meaning I was no longer earning commission. The sales staff are the MD's family and every decision I made would be over rued behind my back and when it went wrong I had to pick up the pieces. I was severely stressed, working all the hours under the sun. I then unexpectably suffered a miscarriage. I called my boss and told him of this and that I was in hospital and didnt know how long I would be in for, I heard nothing back from him. I was then signed off for 2 weeks.

 

On returning he had hired someone to take over my job on a permanent basis. My job role was changed and I was working hard doing this. I had plenty of medical appointments to go to so would go to them then work from home on some days. With no warning I was deleted from the remote server and couldn't log on to our CRM but I could still receive emails via my laptop and phone. On days that I couldn't get in to the office I would pick up on my emails via my laptop, this service was then restricted with no meeting or warning. Now my phone emails have been restricted too meaning that on days I cannot get in to the office I cannot keep up with anything. I have now been signed off from work for 2 weeks due to the stress they are causing me. Since my miscarriage in November I am not told of anything, not invited to internal meetings, constantly told I am not doing my job properly (when I do so much to keep the company going).

 

There is no superior staff I can go to about this, I directly work for the MD (we did have a HR manager but tha was his wife who he is currently divorcing so she is not an employee anymore, she cries when I tell her the treatment I am receiving as knows how hard I work).

 

I'm not sure where I stand on any of the above or where can help me so would appreciate any input.

I am currently looking for another job but it's hard in the job market at the moment.

 

Thank you in advance for any help

xx

Edited March 6, 2013 by Conniff

[Emmzzi]

He's a disorganised sexist arse. But you knew that.

 

Do some reading on assertiveness eg A Woman In Your Own Right.

 

Start very obviously keeping a diary of blatant sexism. Date what was said who was present. This can only be heading to an e.t.

 

If you are prepared to risk losing the job also lodge formal grievances.

[Ell-enn]

How long have you been back working for this eejit ?

[ericsbrother]

I think you know where this is all leading and you also know that your treatment is unacceptable BUT can you prove that your treatment is because of your gender? The comments about wearing short skirts etc will not be supported by others in the office who wish to avoid bullying themselves in a formal setting. If you leave the problems until you are dismissed or cant take any more then you will have to tie yourself up to taking the matter further rather than concentrating on a new role elsewhere.

Normally i would advise taking your boss to an ET but for your sanity's sake I would recommend just giving your notice and temping until you restore your health.

[tmcc06]

thanks everyone, I just feel trapped. I have to earn an income and until finding something else I am stuck there.

and ell-enn, I returned February 2012.

Does anyone know of any where to start with employment tribunal and the process involved? Or a good (but cheap) employment solicitor??

 

Thanks everyone

[Emmzzi]

Grievance first, in writing. You need to establish an audit trail of being denied remedy. That in itself may be a awake up or bring it to a head. I know you need an income but you also have ,kids who need a healthy mum. Don't teach them to park principles for money.

[honeybee13]

thanks everyone, I just feel trapped. I have to earn an income and until finding something else I am stuck there.

and ell-enn, I returned February 2012.

Does anyone know of any where to start with employment tribunal and the process involved? Or a good (but cheap) employment solicitor??

 

Thanks everyone

 

Hello there.

 

It's against site rules to recommend lawyers, I'm afraid. As Emmzzi says, you're not at that stage yet and you need to be gathering as much evidence as possible. Keep it at home, not work.

 

You may not need a lawyer, plenty of people here represent themselves. But there is a database on the Law Society website.

 

My best, HB

Edited March 6, 2013 by Conniff

[honeybee13]

By the way, is that your real name?

 

HB

[Ell-enn]

Check your home insurance - you most likely have legal cover and they will provide a solicitor if they think you have a case.

[tmcc06]

hi, thanks for the info.

 

Every email regarding my wages and contract I have already forwarded to my personal email account so I have proof there, I also have one email which I have forwarded to my private email regarding my manager asking to send a client a picture. I have 2 fellow employees who would put in an anonymous statement and 1 former employee who would put in a statement for the sexual harrassment side of things. I am signed off from my doctor with depression following a conversation with him regarding my working situation and the impact it's having and I have also wrote a letter to my Managing Director stating my issues which I intend to send to him (as I'm not in the office). I have also just had a chat with one of the other managers who has informed me that he has been asked along with one of the other managers to investigate my employment to see if they can get me out on anything!

I spoke with my MD on Monday when I realised that yet again we were not to be paid on time. I have previously had many conversations about the impact of me not being paid on time and that it causes issues in coming in to work, I have to pay childcare and not being paid on time means I cannot pay for childcare, the club I use are absolutely sick of this happening every month so will not allow my daughters to attend without full payment, I do not have any option of putting my children anywhere else so physically cannot be in the office if I am not paid, this has been the situation for the past 3 months since my childcare provided got feb up. Usually my boss is ok with this and I work from home, now they have stopped me working from home and I have not been paid so cannot go into the office or work from home, when I pointed this out to my manager he got angry and told me that it's not on and I am ruining the business... if he paid me I would be in... if he didn't pay me but allowed me access to the remote server to work from home I would do that... it's not my fault, now he knows I have been signed off he is looking for any way to get me out

[assisted blonde]

I dont think he needs much of a reason to sack you, look at temping agencys to see what you can do without it costing too much in childcare, and start looking for another permenent job,

[Ell-enn]

If you were employed before April 2012 and have more than a year's service then the employer would have to follow due process to dismiss you.

[Sidewinder]

And just to follow up on the wages aspect, if you have a set day for being paid, and are not paid on the due date, or the nearest working day to it, then this is not only a breach of contract, but an Unlawful Deduction, and the employer would be liable for damages resulting. I hope that he has made good your bank charges and other out of pocket expenses?

 

Certainly lodge a grievance about the treatment in general, but also include the fact that the delay in payment of wages is unlawful, and actionable through an Employment Tribunal, where you will also be claiming for the charges that you have incurred through his incompetence!

[tmcc06]

Thanks, some great and very helpful information there. And no sidewinder, none of us staff have ever had any bank charges or other charges reimbursed

[Sidewinder]

Time to put the employer on notice that any future delays in wage payments will result in a claim to an Employment Tribunal where you will be seeking damages for out of pocket costs resulting from the breach.

 

Nothing focuses the attention quite like a rather large bill added to the inconvenience of having to deal with the claim!