Accident at work

[pt2537]

I would agree with you on the ill trained bit, however would you believe that this came direct from the Head of HR herself.

 

i think in my companies case the their knowledge of employment law could be written on the back of a ciggy packet. they really donot have any idea how to operate and thats not my opinion but a matter of fact which can be well backed with evidence

 

 

still im still suspended from work at the mo and i must say im enjoying the paid holiday that the company has given me

 

 

 

cheers for looking in on the thread phil

 

 

regards

paul

[cal37]

Hi Paul,

 

Yes I would believe it. Only last week I was in a tribunal and a head of HR person had to admit that the company failed in inform an employee in writing of their disciplinary hearing. This HR person said that they did tell his next door neighbour who is a co worker of the time/date and reason and thats all they had to do !!!.

 

Needless to say the company settled.

 

As i said there are some very good HR people and i would not want people to think all HR personnel are like the above but there are more and more people in HR who are like it.Seems to be a growing trend.

 

 

 

Phil

[pt2537]

Hi Phil,

 

well i dont htink any of the good HR people you refer to work for my company:D

 

im still waiting to hear when the disciplinary hearing will take place as i ve been suspended for ages with no contact at all from the company and to be honest the uncertainty is getting me down

 

still i will let you all know when i get a response from my employers

 

 

regards

paul

[Gogivit]

Im tagging along on this issue, is very interesting and I can't wait for the outcome:)

[pt2537]

i cant wait for the outcome either:)

 

im climbing the walls sitting at home

[pt2537]

Hi everyone,

 

well a little good news for me...........

 

 

i had a letter drop on my mat this morning from my IT specialist who has 27years experience in systems development and programming with some of the largest companies globally.

 

he has totally ripped apart my employers arguement that says i could have created the file which they allege i created on the computer at work

 

its excellent so i have passed it on to my union rep

 

i am still waiting for my employers to let me know when i am going to get a hearing

 

still, onwards and upwards as they say

 

 

regards

paul

[JonCris]

Hi Paul,

 

Yes I would believe it. Only last week I was in a tribunal and a head of HR person had to admit that the company failed in inform an employee in writing of their disciplinary hearing. This HR person said that they did tell his next door neighbour who is a co worker of the time/date and reason and thats all they had to do !!!.

 

Needless to say the company settled.

 

As i said there are some very good HR people and i would not want people to think all HR personnel are like the above but there are more and more people in HR who are like it.Seems to be a growing trend.

 

 

Phil

 

& the reason is simple - You pays peanuts - you gets monkeys

[pt2537]

yep

 

Too true JonCris

 

my company seems to employ many of them:D

[pt2537]

does any body knwo how long i can expect to be suspended?

 

its driving me nuts sitting at home waiting for the letter to drop on my mat telling me when the hearing is going to be

 

is there a maximum time limit that my company has to abide by for disciplinary hearings to take place

 

any advice would be welcome

 

regards

paul

[cal37]

Hi Paul,

 

As far as I know there is no time limit as such, however it is good practice to bring this to a speedy conclusion, therefore I feel you are well within your rights to ask them how long before a meeting is held.Asking them to hold it as soon as possible.

 

If they take too long I would say you could put in a claim for stress over this, particularly if you are found not at fault

 

Phil

[pt2537]

Cheers Phil,

 

i wasnt sure if they were allowed to take this long, to be honest, ive been off since 5th sept and you know, how long does it take to investigate a file on a computer as thats all they are investigating to my knowledge

 

im getting very stressed and worried over this as there is uncertainty over my job and christmas is looming up on us and the last thing i want is to be out of work right on top of christmas as i have a young family.

 

its doing my head in sitting around, so i may get in contact with them to ask whats going on

 

regards

paul

[cal37]

Hi Paul,

 

When you contact them, tell them your getting stressed etc and mention a duty of care etc etc.

 

You are still employed by them and that duty of care still exists.

 

Remember any meeting has to be mutually convenient so if the timings not good for you, get them to rearrange it.

 

 

keep your chin up Paul, you have done no wrong.

 

All the best

 

phil

[pt2537]

Hi All,

 

ive just finished going over the notes that i was supplied at the disciplinary hearing. these are the ones from my investigatory meeting held on the 5th sept.

 

i know i said they were all over the place but this is ridiculous. i have found 34 inaccuracies in sentences and i have had to more or less re write the notes, i luckily made notes of my own and when i look at what i wrote to whatthey wrote you would think they were two different meetings, however my notes made complete sense whereas my employers didnt

 

so we will be questioning the accuracy of the notes and submitting my notes at teh hearing along with an amended copy of the notes my employer gave us.

 

i am going to try to get my employers to confirm whats going on with the disciplinary hearing and i will try to get a date set based on the fact that my employers actions are causing me stress thus breaching their duty of care

 

i will let you all know how things go

 

 

regards

paul

[Gogivit]

Paul this is dragging on now, I am in suspense here!

[pt2537]

you and i both, i have spoken to my union rep, shes ben trying to call my employers as have i, no answer to any of our calls. so she is going to write a letter of complaint as she said they have had long enough to carry out their investigations. she also said that a tribunal would consider that my employers have taken the Pi$$ with the amount of time they have taken on tehir so called investigation. she also said that in her opinion my employers are having difficulties in substansiating their allegations

 

i will let you all know what happens next in this long running saga:)

[pt2537]

Well it looks like we will be considering an Employment Tribunal as i have just been told by my employer that i must not contact them? whic hleft me a little confused as they have successfully messed up my wages 12 out of 36 months so i sent them a email confirming how much i should be paid on the 10th as i am a shift worker, anyway they said basically dont call us, call the HR manager on her mobile phone.

 

well since i dont have any guarntees as to where my nex pound is coming from at the mo im not gonna be calling mobile phones. they are no closer to concluding the investigation and my union rep says that they are now being unreasonable in the time its taken

 

 

still i will elt you all know when anything else happens

 

 

regards

paul

[tiglet]

Good luck - sounds like they haven't got a clue what they're doing mate.

[cal37]

Hi Paul,

 

All this helps your case,is your union rep a full time official or shop steward? If he/she is a a shop steward has she asked her area rep advice? I think now is the time that the full time officials get involved.

 

They need to call HR and tell them a few home truths and get things moving.

 

Also so you should put in a grievance letter about the time and the way you are being treated, this must be heard within 28 days and if nothing else will upset them a bit.

 

All they are doing is damaging there case if it comes to a tribunal.I know i would love to bring this case before a tribunal, easy case and easy money lol.

 

Phil

[pt2537]

Hello Phil,

 

thanks for dropping in:)

 

yep she is a regional rep so shes full time

 

she has been chasing my employers but shes not had any luck with them, apparently they spoke to her today, only to tell her to speak to the HR manager ( who never answers her phone)

 

they are in my opinion trying to frustrate matters, and i am of the opinion that they are seriously struggling to come up with proof to back up their erroneous allegations which appear to be based solely upon conjectured rubbish

 

i agree with you that its time to look at a grievance as this is unacceptable. the accident happened on the 4th august 2007 so they have had 2 months+ to investigate it and with regards to the illusive file which has apparently appeared upon the PC at work i have an IT professionals statement which totally blows their argument out of the water and this guy has 27 years in IT with a multi national company as their head of systems development

 

i have email the Union rep and hopefully i will get a reply in the morning

 

to be honest its the not knowing whats gonna happen thats getting to me, we've got Christmas round the corner and Ive 2 young children thats whats really getting to me, the fear of being unemployed right on top of Christmas

 

still i will let you know what the rep says in the morning

 

thanks again

 

Paul

[cal37]

Hi paul,

 

i can understand your concerns about Christmas and i really hope this gets resolved soon. You can only sit back and let your union rep deal with this and i know its frustrating but it all helps your case.

 

All i can do is wish you luck and i`ll keep my fingers crossed for you.

 

Phil

[pt2537]

Thanks mate,

 

im gonna push the union as hard as i can to get them to press my employers to get this resolved

 

 

i will keep you updated when i hear something

 

 

thanks for your help

 

 

regards

paul

[cal37]

Hi paul,

 

Please do keep us updated.Its a pity you do not live in my area,or i would offer to help more directly.

 

All the very best you will win this.

 

Phil

[pt2537]

well its been rather quiet of late, that was until today when this droped into my inbox

 

 

Dear PT2537

 

Following your adjourned disciplinary meeting I can confirm that further investigations have taken place and resulted in a finding that the allegations made against you, are deemed to be “misconduct” as opposed to “gross misconduct”.

The result of this is that your employment is no longer at risk and to that end your suspension will be lifted with immediate effect. I do, however, believe that a disciplinary sanction may still need to be applied and as such can confirm that the matter will still be progressed to a formal disciplinary hearing. You will receive notification of this at a later date.

Under normal circumstance you would have been able to return to work as normal, however we have since received notice from the client that they no longer wish for you to return to site. As the client has the right of refusal of any 3rd party to their premises this is a request that we have had to comply with.

When a request such as this is normally received *** procedures dictate that an alternative job search be carried out for the individual concerned. While this job search is done the colleague is to be given temporary duties and if no temporary duties exist the person is then to be placed on “suspension pay”.

Should no suitable alternative employment be found at the end of the job search we may then have no option but to terminate the individuals employment for “some other substantial reason”.

Fortunately we have a suitable alternative position that is an available. The details of this post are as follows:

This is a blue chip site at ****** and would be as a Security Officer working Monday to Friday with alternate Saturdays 06.00 – 18.00 hrs. The rate of pay is (Substansially less than what i get now!!) per hour. This position will be working in a team of officers on site with a Site Supervisor which would provide an excellent level of support for you. (Why do i need support?)

This position is available to start shortly (early/mid Nov) in the meantime we have ample work available as a support officer in the interim period. Please contact me as soon as possible on ************ so that we can organise this for you however you should be aware that should you refuse this work then you may be liable to pay being withheld. We will need you to confirm your acceptance of this position in the interim and the offer above.

I must advise you that should you refuse this position we will continue with an alternative job search, however if no other employment is found we may have no option but to terminate y our employment for “some other substantial reason”.

I would therefore ask for your response by Monday 29th October 2007.

Please do not hesitate to contact me should you have any further queries.

i am furious to say the least, im gonna have to travel 10 miles each way further per day for less money

also i have by the seems of it been found guilty without even having the chance of putting my case to them

any ideas on what my next step should be?

my solicitors have just issued legal proceeding against them for my accident so the letter should be dropping on their matt any day soon

regards

paul

[pt2537]

Any ideas anyone?

[GlasweJen]

Sorry Pt, no advice but this is bloody outrageous, are they trying to make you quit or something?