Jump to content

Recommended Posts

Hi guys,

 

 

please advise.

 

 

Friend of mine was pulled into the office and told he is having a disciplinary. One lady took notes as the manager and my friend spoke. It was simple. My friend was accused of harnessing the 3rd party in store tea lady. Harassment was of sexual nature. My friend understood it as flirting.

 

 

Now my friend is very clear he has not and will not flirt with that lady. Nor has he spent any longer with the exchange with her then anyone else ordering a coffee.

 

 

This came to him as a shock and out of the blue. He was given the paperwork of the disciplinary same day.

 

 

Many months have passed and nothing has happened.

 

 

Same thing happened to him few weeks later. He was pulled into the office, out of the blue and was told this is another disciplinary. This time he is being accused of being rude to a customer. Infact customer was told to either spend more money or go else where.

 

 

Again my friend 100% disagrees that this ever took place.

 

 

Again all the paperwork of the notes and signatures were given to him.

 

 

No further word of any disciplinary have been uttered. No follow ups. No further meetings etc.

 

 

both were first level disciplinarian.

 

 

Am I correct in thinking these can be used against him if he was up for promotion into management?

 

 

Also was he not supposed to be given a warning, letter stating in 7 days you have this and that go seek legal help?

 

 

What is the correct procedure? What can he do?

 

 

Both of them are now close to 2 months old.

 

 

From my basic knowledge the way both hearings were conducted are illegal.

 

 

Now that his wife is pregnant, they need to move to bigger house and hes in a position where he can request SIM and move to another store, he is worried.

 

 

He works for one of the Dixon retail stores.

Share this post


Link to post
Share on other sites

I don't think they were disciplinary hearings, otherwise they would (should) have told him about it in advance and advise that he was entitled to a union rep.

These were most likely investigatory meetings and no news after them is good news, especially after such long time.

He can always ask, but I wouldn't wake a sleeping dog.

In malicious (bogus) sexual harassment cases my advice is always to go on the attack to clear your name by using grievance procedure.

Usually the malicious complainant backs off and states things along the lines of "maybe I misinterpreted his comment", exposing them as stupid at best.

Share this post


Link to post
Share on other sites

thank you so much,

 

 

however, from what i saw, the paper work was clear, they were hearings not investigation.

 

 

he was informed they will be attached to his employment record etc.

 

 

sexual harassment he is less worried about as quite frankly unless for the coffee almost everyone avoids her.

 

 

i was in pc world for 10 years. he has been there 4 years now i think. i will not be supprised if they are too stupid to presue any of the hearings.

 

 

thank you once again.

Share this post


Link to post
Share on other sites

Hearings...

Of what nature?

Investigatory hearings maybe?

Everything stays in your file, unless you prove that it should be out for a good reason.

He should be very worried about the sexual harassment allegation because in 15 years someone can make another allegation and this would be held as a precedent.

By then most likely the "lady", the manager and most of his colleagues would have moved on, so who's going to explain that it was a bogus complaint?

Better to sort it now.

I would sat human resources and ask for his entire file.

See what's there regarding the sexual harassment allegation (I bet they've given him a warning without telling him, memories from when I was a younger lad and a couple of my friends worked for the same company).

Once in possession of all the paperwork he can:

1. Use the grievance procedure to clear his name against the complainant

2. Ask hr to remove it from his file if grossly incorrect. This would go under the GDPR (dpa), however he would need to prove that this, his data, doesn't match reality.

Share this post


Link to post
Share on other sites

It is possible that they have decided to use a lower level of the ACAS code and give him a noted verbal warning. The lack of using the correct procedure wouldnt automatically discount this but would make it difficult for anything more severe to go unchallenged

Share this post


Link to post
Share on other sites

in store tea lady? In this decade??

 

 

Anyway. Can he not just ask his boss what the outcome was?


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

Share this post


Link to post
Share on other sites

In store tea person..... Equality act.

 

Ones persons flirting could be another persons sexual harassment.

 

Know your audience

Share this post


Link to post
Share on other sites

What paperwork has he been given? Has he had any written warning or verbal warning issued?

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Posts

    • you realise Gick its very easy to make win 10 look like win 7.? I wouldn't move from 7 because I do lots of RS232 and other basic comms stuff with vintage gear and past 7 it would not longer do what I want.   win10 put everything back and works better than 7  ive even got it on a very old 1gb ram vio pc  if you want help pm me and I can sort things for you. 
    • I think that's what we've seen them trot out before  cant see a default notice yet mind
    • well what they send before was well below the required stuff. defence is not due till/by 4pm may 3rd.   so incomplete / failure of previous CCA request simply needs to be added to our std holding /no paperwork defence re the way to search here detailed in post 33.   something like   Particulars of Claim  (1)The Defendant entered into a consumer crediticon Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxx  (2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.  (3) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant.  (4)Despite repeated requests for payment, the sum of £1,597.56 remains due and outstanding.  And the Claimant claims   (a)The said sum of £1,597.56   (b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum   from the date of assignment to the date of issue,accruing at a daily rate of £0.350,  but limited to one year,being £127.80 (costs) then signed by Lowell Solicitors Limited.  #####Defence###### The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2. Paragraph 1 is noted. I have in the past had an agreement with [insert original creditor]  but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..    3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.    4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)    5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.  The claimant has since complied and disclosed various documents however unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.    6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.    7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  a) show how the Defendant has entered into an agreement and;  b) show how the Defendant has reached the amount claimed for and;  c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974  d) show how the Claimant has the legal right, either under statute or equity to issue a claim    8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed    9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974    10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • I can’t help but think that we’re massively over complicating things here, pick up the phone and ask to speak with the PM. Explain the issue and ask them to sort it out. I could solve 99.999999% of problems within an hour or so provided someone actually told me what the problem was. By the time I was receiving letters spanning several pages and having to dig through notes and speak to people to get their accounts of what happened it could take weeks to gather the info and get replies from everyone. Just pick up the phone at lunchtime on Tuesday, ask for the PM and if they’re unavailable ask when they can be contacted and speak to them so they have an opportunity to resolve what is probably a very simple issue rather than trawling out weeks of waiting. 
    • it would not take much for the present owner of the CO to get that changed to their name. as far as I am aware, if the property is sold, then it will need paying.   whos the owner now or more correctly, whose been sending letters and what do they say? bet DLC is in the mix...
  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...