Harassment

[South Yorks]

Hello 

 

Is there anyone who can give me some advice for my husband??

 

About 12 months ago my husbands work were reassigning rotas, after consultation with HR he was put on regular early starts to comply with family needs (this had already been agreed) and Monday to Friday rather than 5 out of 7 days shifts.  

 

Ever since then he has been harassed by other staff members and the planning department where he has had to at least two to three times per week he has had to refuse to carry out tasks as he would not be finished in time.  

 

He injured his knee and was upon return to work risk assessed where he was told he was not allowed to do shop deliveries where he would need to push cages or pump trucks - this has never been reassessed.  During this time again he has had to refuse runs as he would have to use the equipment.  During this time he was on a daily basis harassed by a staff member for details of his physio and general well being.  

 

He has throughout his employment been disregarded for a uniform - he repeatedly put in requests for uniforms but he has not been issued.

 

Last week he was called into the office for a meeting after his shift had finished to be told he was suspended as they felt he had maliciously damaged a port or plugging in a device - he went for his meeting Yesterday to be told he was dismissed even though they said originally he had damaged numerous of these equipment - they said they cannot prove he damaged any others.  

 

My husband notified them months ago he was under the mental health team as he was not coping - they made him sit through missing his fathers memorial whilst doing the suspension meeting.  Other staff members when stating they are not coping and under the doctors for depression have been risk assessed and moved to other depots - not my husband.  

 

Sorry I know its a long post but we are going to appeal and just wanted advice on how to go about it.  

 

Regards 

[Emmzzi]

How long has he worked there?

is he zero hours contract? Agency? Any thing non standard?

i hope with his multiple flexible requests he’s joined a union?

 

if he’s been dismissed for damaging property that’s what you need to focus on appealing against. Tell us more about that please. 

[South Yorks]

Hello

 

12 yrs in October

Contracted 42 hours per week

He didn't he forgot to send form in

 

It is a plug in tablet type thing he tried to plug in and charge he wiggled it 

[Emmzzi]

Tell us more about the process of his dismissal. Did he get letters and notice? Was he accompanied or given the option? Please give detail.

[South Yorks]

He clocked off was sent to office where he was asked to wait.  They told him they were suspending him due to malicious damage to several ports and he was to return Friday at 2pm. 

 

He went back Friday where one manager and someone taking notes were there  they discussed and it was then only one port  he was asked to wait while the notes were read through and the decision was sacking.  He was given a copy of notes.

 

 

[Emmzzi]

I would have a look at the Acas guidelines for dealing with misconduct and include in your appeal procedural error that he was not invited with a companion.

[king12345]

Possibly they didn't follow procedures. 

He should have been invited to the disciplinary meeting and told about his charge in advance.

They should have pointed what rule he had breached and also let him know he could be accompanied by a trade union rep or work colleague. 

What sticks out is the word "malicious " which indicates that he deliberately broke the port.

How can they prove that is beyond anyone's comprehension. 

In the decision letter they should also point out the appeal process, did they?

[ericsbrother]

balance of probability will be enough but if there are sevearl incidnets fo thwe same charging port getting fubar'd then it is clealry a problem with the equipment and not a disciplinary matter.

In my mnd they have just seized upon something they can use to idsmiss him to avoid further trouble in the future.

Harasses by other staff members? Was this reported to his superiors? If not it didnt happen as far as company goes