No union or rep allowed at work

[twiceshy]

I have been in this employment for just over a year and I have noticed they will not allow any union or rep into the work place. I have witnessed a few people get the sack, when, in other work places they should have been on a final warning.

 

Now myself needs help. I have an excellent work record over the last 15 years and do not want it tarnished. I had an accident a few months ago to the head which has left me with a little imbalance. I can only like it to when you stumble over nothing and maybe happens twice a week.

 

My work colleagues know about the accident and so do the managers. I have had a letter through for an operation to correct the damage which I told the manager about. Later that afternoon I was called into the Office with a manager and the HR Department with them saying that a new person had joined the workforce and thought that I was intoxicated at work!

 

I explained to the management that they knew about my accident ect but they just tried to offer help with a 'drinking' problem . The HR rep was taking notes for my file and I really could not take it all in. I have a fantastic work record, great references, hardly any sick days and this has really upset me.

 

I am totally at a loss of what to do. management are well aware of what is wrong with me and knows my operation will fix it. Any advice will be of help has they will not allow a union or any kinds of rep in.

 

Thanks in advance

[Annie71]

It is illegal to dismiss someone for being a member of a union. Equally I would check your companies disciplinary policy as I think it is also illegal to refuse union representation if you are a. member

[stu007]

Hi twiceshy

 

I will move your thread to the Employment forum as you may get better help and advice on your issue their, in the meantime I will leave a short redirect for you

 

this is the link to your thread in Employment Forum is case you need it: http://www.consumeractiongroup.co.uk/forum/showthread.php?412343-No-union-or-rep-allowed-at-work(38-Viewing)-nbsp

 

stu

Edited December 10, 2013 by stu007

[renegadeimp]

What reason have they given for not allowing a rep? They dont have to recognise a union, but they have to allow a rep of the workers choosing to accompany them to any disciplinary. Failure to do so will land them in serious trouble.

[twiceshy]

I was asked to go into the office. The door was locked and I was introduced to the HR personnel. Everything said was noted down, no action taken but I do not want this on my file.

 

A few things bother me about this, the person who said I was intoxicated was a new manager so why was I not pulled to one side and questioned (they left it a week to say something). If I was having a wobble because of my injury was was I not asked if I was okay?

 

I was not asked if I wanted someone there and I know that they do not recognise unions what-so-ever. I need advise on how to get my work file back to its original perfect state. Do I go to my doctors and get a written statement from him?

[renegadeimp]

So no investigatory period, no pre-warning, no rep. Therefore it could be seen as unfair dismissal, or at least failure to follow the statutory right to allow an employee the right to be accompanied by a rep of their choosing.

 

Ask them to justify the alcoholism allegation. especially if you have told them of the serious accident a while ago. If you cna get a letter from your consultant, they wont have a leg to stand on.

 

In any case, you MUST report the company as they have broken the law.

[twiceshy]

I will go to the doctors to get a Statement. They are well aware of the imbalances because they have put me on light duties since until I have my operation. I went to work today and I was so paranoid that everyone knew and one point I was in tears.

[stu007]

Hi

 

I would also ask HR to confirm in writing if the meeting was a Disciplinary or investigation.

 

Also ask for a copy of the companies Disciplinary and Grievance Policy and Procedure.

[twiceshy]

Could they mention any of this in any references to future employers? There was no mention of a disciplinary I just need this off my file.

 

Thank you to all who has took the time to answer me, you are truly great people

[Template0716]

Can we just backtrack please because I am not seeing what some others are.

 

 

Unless I am just not reading this correctly the OP hasn't been dismissed, it appears the meeting with HR could have been the investigation meeting particularly as no action was taken. There is no automatic right to allow accompaniment at an investigation meeting, if that's what it was.

 

 

There are more details needed really to establish the basis of the meeting and whether the OP has been told what is happening next.

 

 

You could ask your consultant for confirmation in writing of the injury, what symptoms are likely to be shown and the expectation of improvement after the operation. Explain the reason it is needed to the consultant and he/she may do it. show it to the company as evidence should it be needed, together with your operation letter. This of course depends on what the company intend to do next.

[twiceshy]

No I have not been dismissed. It was a planned meeting that I did not know about. A manager mentioned yesterday that he thought I looked intoxicated at work last week and so they decided to have me in the office with HR to determine what happened. I told them they knew about my impending operation, they knew how the injury effected me but instead of listening they offered support from the company nurse, counselling ect for alcohol abuse!

 

Now this is on my file I am guessing because notes where taken. I feel they did not listen to me and will now see me in a negative light. The accident happened 7 weeks ago and my operation is in 2 weeks time because they do not want to wait any longer for me to have it done.

[Annie71]

Sounds to me like an investigation meeting and there are no legal rights for representation.

 

If they found nothing then why would they be able to put this on a reference.

[twiceshy]

They had all the facts before the new manager said something, they had all the facts before I went into the office, they had the facts when the meeting was being conducted. I explained all the facts in the meeting yet they offered counselling and visits to the nurse. This is becoming very frustrating . I just want to clear my name and know how to do it.

 

So what if it was not a disciplinary or just an investigation? I was not listened to. I was working very closely with another member of staff that day and all day who is gob smacked with what has happened!

[Emmzzi]

the "so what" is about the legal entitlement to a rep. or otherwise.

[twiceshy]

I put that in the header because I was not sure if I was entitled to any kind of rep. The company does not allow either in any circumstance, disciplinary or investigation. I do not want to start a new thread asking "How do I remove written items from my work file" with all the information being in this thread. I did not mean to sound disrespectful I did not sleep well and it has been a long and tiring day. have a very good work ethos, a brilliant work record since 1999 and it has upset me greatly.

[Emmzzi]

right now its just an investigation and following gp report it will probably go away.

 

head down try not to stress. storm in a tea cup.