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What is your union doing about this ? Even if you are not a member it will be in their interests to get involved to prevent the procedures from being ridden over roughshod.

Hi, thanks

They're doing nothing. I rejoined after the suspension but they say they cannot help. I did leave them a year ago as they were useless with the grievences, bullying complaints etc. Unison eh? Waste of money for me. I'm friends with the unison secretary at work she is an ex mayor of the borough I work for and she won't even return my calls or emails.

When I called today to find out when my 6 months sick pay runs out I was told my sickness had not been recorded. Very strange

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Hi

I was suspended by my boss in Feb for using the internet to book a holiday. Everyone does it but that's beside the point. The boys who suspended me had never liked me and i have tried twice to put in a grievence against him, complained of bullying discrimination etc and have 5 years of 1:1, pdr and email evidence to back me up. I did send in a SAR but somehow they managed to lose all that, luckily I had copies.

 

Anyway, he told me not to do it again so I didn't, then 2 weeks later he suspended me pending investigation. This was February 5th. Due to stress and me fighting it the investigation was not completed until 24th may. I had to answer his questions in writing. I.did this and gave my side. On the 28th may got a letter from his boss saying due to his report he is taking it to fill disciplinary for GMC theft of time.

 

He en he enclosed a.copy of my bosses report which was dated 7th February!!! And had added charges etc, disregarded anything i said and he had made recommendations that I be sacked in it. It's this allowed? His boss has then looked at this report, ignored my side and is on his side. They are very good mates and i have even put in a grievence against the bosses boss during this process for ignoring first grievence and other evidenced bullying. this all seems too unfair.

 

I keep being told being it up at hearing, can my boss make recommendations and ignore my side?? Why was this report done 2 days after suspension and not after I'd been interviewed. They're very unprofessional. The man who is holding the hearing gave me a formal warning before for sending an email to my partner. It was not given correctly and no procedures were followed and when I challenged was told accept our face written warning.

 

I didn't accept. U don't think this man is capable of an unbiased hearing. What should I.do. I have written in and said all this but they don't even reply to my letters. This is a local council

Thanks

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please keep your queries to the same thread. It makes it easier for us to help if we don't need to ask all the backstory questions every time.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hi

I was suspended by my boss in Feb for using the internet to book a holiday. Everyone does it but that's beside the point. The boys who suspended me had never liked me and i have tried twice to put in a grievence against him, complained of bullying discrimination etc and have 5 years of 1:1, pdr and email evidence to back me up. I did send in a SAR but somehow they managed to lose all that, luckily I had copies.

 

Formal complaint to the data controller for breach of DPA. They have lost personal data. Back this up with a formal complaint to the ICO

 

Anyway, he told me not to do it again so I didn't, then 2 weeks later he suspended me pending investigation. This was February 5th. Due to stress and me fighting it the investigation was not completed until 24th may. I had to answer his questions in writing. I.did this and gave my side. On the 28th may got a letter from his boss saying due to his report he is taking it to fill disciplinary for GMC theft of time.

 

He en he enclosed a.copy of my bosses report which was dated 7th February!!! And had added charges etc, disregarded anything i said and he had made recommendations that I be sacked in it. It's this allowed? His boss has then looked at this report, ignored my side and is on his side. They are very good mates and i have even put in a grievence against the bosses boss during this process for ignoring first grievence and other evidenced bullying. this all seems too unfair.

 

If they ignored your grievence then use the appeal procedure. However time limits will apply. Get a copy of your companies grievence and disciplinary procedures. Not sure it is acceptable for the investigating officer to make recomendations. it is supposed to investigate facts. Disciplinary reasons should match reasons for investigation.

 

I keep being told being it up at hearing, can my boss make recommendations and ignore my side?? Why was this report done 2 days after suspension and not after I'd been interviewed. They're very unprofessional. The man who is holding the hearing gave me a formal warning before for sending an email to my partner. It was not given correctly and no procedures were followed and when I challenged was told accept our face written warning.

 

This in essence is wrong if they failed to fololwo their own procedures. AT the time you should of appealed formally. What I do pick up on is there is now more than one occasion where you have been challenged in regards to Internet/Email use in company time.

 

I didn't accept. U don't think this man is capable of an unbiased hearing. What should I.do. I have written in and said all this but they don't even reply to my letters. This is a local council

Thanks

 

 

1) You will no longer go into any meetings on your own. I recommend you use your right to be accompanied.

2) Join an apporpriate trade union. They may not be able to help you on th is case but should be able ot help in future. Some unions may still give advice.

3) Notes of meetings, make sure they capture everything that is said and are not misleading and accurate. Sign under duress if they refuse to edit anything in them that is not accurate (As in was not said or was said but missed) Get copies.

4) Impartial Hearings and Investigation is a ground for appeal.

5) Keep all letters and make sure form now on you post and get proof of postage (If possible a signature as well) for any.

6) What is the policies in regards to internet and email use at work, were you trained, have you signed anywhere to say you understand the policy and the repercussions of failing to comply?

 

Defiantly refer to your handbook and company policy regarding Grievance and Disciplinary procedures and note down where they went wrong.


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please keep your queries to the same thread. It makes it easier for us to help if we don't need to ask all the backstory questions every time.

 

Hello there. I agree with Emmzzi, if you want all round advice, the advisers need the information in one thread because they don't have time to go looking for it. I see you have a lot of threads on this matter, may merge some other threads.

 

HB


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Procedures,procedures, procedures.

That's what I always hear about the employment tribunal from the big union lawyers.

Apparently one of the questions always asked to both parties by the judge is: was procedure followed?

If not the scale starts leaning to one side.

This case will most likely end up in et, so make sure you have every bit of evidence of their wrongdoing.

Usually the wording on internet usage at work runs along the lines of: personal use of electronic transmission and internet should be kept to a reasonable level in order to not interfere with your duties.

"Reasonable" is a grey area in law, but if you completed your tasks then booking a holiday sounds reasonable.

Because much time has passed they may not have an activity log printout of when you were accused of stealing time, thus no evidence to support their allegations.

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1) You will no longer go into any meetings on your own. I recommend you use your right to be accompanied.

2) Join an apporpriate trade union. They may not be able to help you on th is case but should be able ot help in future. Some unions may still give advice.

3) Notes of meetings, make sure they capture everything that is said and are not misleading and accurate. Sign under duress if they refuse to edit anything in them that is not accurate (As in was not said or was said but missed) Get copies.

4) Impartial Hearings and Investigation is a ground for appeal.

5) Keep all letters and make sure form now on you post and get proof of postage (If possible a signature as well) for any.

6) What is the policies in regards to internet and email use at work, were you trained, have you signed anywhere to say you understand the policy and the repercussions of failing to comply?

 

Defiantly refer to your handbook and company policy regarding Grievance and Disciplinary procedures and note down where they went wrong.

thanks

I signed the policy to say I have read it in September 2012. I did ask for further training on it but was told no. I have proof of this. I have been denied all training since 2011. The policy states that you can use for own browsing add long as not excessive and not porn etc, and you are allowed to send personal emails. They say i have had 19 hours personal use in 59 working hours, however whether true or not nothing says what is excessive, how it is quantified etc and I have not been trained. Others user or all the time but they have not looked at their use so how can you compare etc

All letters have been sent recorded and copies held, they have received them bit just choose to ignore

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Procedures,procedures, procedures.

That's what I always hear about the employment tribunal from the big union lawyers.

Apparently one of the questions always asked to both parties by the judge is: was procedure followed?

If not the scale starts leaning to one side.

This case will most likely end up in et, so make sure you have every bit of evidence of their wrongdoing.

Usually the wording on internet usage at work runs along the lines of: personal use of electronic transmission and internet should be kept to a reasonable level in order to not interfere with your duties.

"Reasonable" is a grey area in law, but if you completed your tasks then booking a holiday sounds reasonable.

Because much time has passed they may not have an activity log printout of when you were accused of stealing time, thus no evidence to support their allegations.

thanks, they do have the records from the gay but have added days from before Christmas etc.

I understand I have used it and I have to fit work, some of the websites are work related, however my tasks have always been completed to an exceptional level for which I won a national award for in November. My work is always completed. Most of my internet usage is research but I do look at per personal sites.

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You should scrutinise the log and check if the 19 hours include idle web pages that you left open while working.

Frankly 19 hours out of 59 is not reasonable to any standard, but seems too excessive.

Most likely you were on web pages left open and they counted that as browsing.

Also, mark all the pages you have used for work research.

The fact that everyone does it is no defence unfortunately because you have no hard evidence of it and they will be very careful to avoid giving them to you.

My colleague was once called in for accessing a betting site which was blocked by our server, but the fact that he tried to open that web page was enough to be spoken to.

They can see everything you do on your work pc.

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I don't wish to be rude here, but as you already have a solicitor in your employ and he says you have a strong case. What exactly is it your asking the forum for?

 

Personally I think emziis advice at post 5 is the best. Keep your head down until you find a new job.

I'm not saying this is the case. But a tribunal may not look as favourable on your case when it comes to light that you have been unable to get along with a number of other employees. They may consider it you who is causing the upset in the workplace.

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Thanks, I don't want to go to a tribunal, just want an apology and my job back.

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Hi, currently appealing against unfair dismissal. I have 10 days holiday pay due but they said I can't have it and have been away already. I went to Scotland to get away during the suspension, my doctor had signed me off sick and so had occupational health both saying not fit to attend. Now my ex work are saying suspension supercedes sickness and therefore I can't claim my holiday. They did not tell me this at the time. They keep changing the rules as we go along. Their policy states that annual leave is reimbursed if signed off sick by a doctor. There is nothing in the disciplinary policy about suspension and leave. I was not advised of this nor of my rights whilst suspended.

Any ideas, I have no money coming at all.

Thanks

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Hi

Where do I stand with references now I have been sacked. I am appealing and will be going to tribunal. I have been honest with each potential employer but as I'm appealing what will my old workplace say. Can I find out at all. They really are being horrible to me and I'm fighting all the way but I need to work anywhere in the meantime and want to be sure my reference says I'm appealing.

Is there anything I need to be doing

Thanks

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This is from the gov website:

 

An employer doesn’t usually have to give a work reference - but if they do, it must be fair and accurate. Workers may be able to challenge a reference they think is unfair or misleading.

 

Employers must give a reference if:

  • there was a written agreement to do so
  • they’re in a regulated industry, eg financial services

If they give a reference it:

  • must be fair and accurate - and can include details about workers’ performance and if they were sacked
  • can be brief - eg job title, salary and when the worker was employed

Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer.

 

Bad references

 

If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference, eg by supplying examples of warning letters.

Workers must be able to show that:

  • it’s misleading or inaccurate
  • they ‘suffered a loss’, eg a job offer was withdrawn

I would think that they would just confirm how long you worked for them in what role, as you are appealing they would run the risk of being sued if the appeal went your way and that had given infomation that was proven to be untrue.


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Thanks, fingers crossed. I'll always be honest about why I left though

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The key here is whether you asked permission before going on holiday. Did you? If so how did your employer react?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The key here is whether you asked permission before going on holiday. Did you? If so how did your employer react?

Hi emmzzi

I did ask. I booked the holiday in January

and it ok. Then suspended in February. Normal rules allow you to claim back holiday if sick Doctor recommended I go to convalesce and get away from the bullying and stress. I got permission again and gave them dates. It was all confirmed in writing. Does suspension override

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Grey area. While off did you get holiday or sick pay? How many days do you think they owe you - what's your calculation? And what exactly does this confirmation in writing say?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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numerous threads around the same issue merged

 

dx


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