Just been suspended from work

mandragora_2

'constructive dismissal' - easy to allege, very very difficult to prove at tribunal - and you'd still be just as sacked afterwards...

Zazen999

OFTBC wrote: »

My issue is I was put on there as punishment, I am fed up of doing that task which is far superior to any other job in the warehouse whilst being paid the same as those that can't do it. Out of about 60 staff there is only 5 of us that can do this task so I end up doing it a lot whilst receiving no extra pay. After 2 years of doing this task I still haven't received any official training and have had to at times improvise as I go. I am expected to take things off of the side of the chute despite not receiving training to do so, So therefor breaking health and safety regulations but I get put under pressure to take the stuff of the side of the chutes because if I don't and take it off where it should be taken off then the machine will stop and my final issue is due the amount of trays that come down that chute some of them are very heavy and has done my back in so each time I do that task I end up in considerable pain.

Have you refused to do this task before, under the argument that you have had no training?

Have you expressed, in writing, in the past, that you are getting back pain from doing this?

Does anyone else get back pain?

Is everyone else that does this properly trained to do this?

Why are you trying to get yourself sacked for being asked to do something that you've been doing for 2 years without any refusal?

liney

*David* wrote: »

This is an 'interesting post'.

If there is a 'culture' of staff dropping in for a coffee while not at work which is permitted by management, then turning up drunk, or not, if you are not at work it makes no difference - you are a socialy visitor - or have I misunderstood this completely.

For a manager then to get the hump over banter makes no sense - he had until then permitted this coffee visit. To then try and disciline 1 from the group, would I suggest smack of bullying.

If his attempt to sack you then failed, his subsiquent actions on the next time you met could be thought of as working towards 'constructive dismissal'.

Are you in a union, if not talk to the CAB.

I would say that I would not wish to employ either you or your manager, there seems to be an poor attitude in the posts, but neither of you have acted in a way you can be proud of.

The best outcome would be for everyone to calm down and move on, otherwise suggest constructive dismissal and let the HR dept squirm.

Or the other people were not causing a problem, but the OP was.

I would argue that a group of guys out until 3am would have had more than a couple of drinks, and to annoy the supervisor to this degree would have said/implied more about his GF then innocently asking to see her (despite them knowing she was working).
.

aj2703

As has been said before. The supervisor obviousily condoned them being there as he sat down and joked with them.

As for the him getting you to do a job you wern't trained to do i feel it is a bit ropey as you have admitted you have been doing the job on and off for a couple of years. I would however argue the fact though, that as he is your manager he is also responsibile for your training and therefore if he is the type of manager to let people work in areas they haven't been trained in for a number of years it shows a lack of management skills on his part and therefore opens the company up to a claim if the OP had say got seriousily injured doing the job.

Also why has no-one else in the group been singled out..?. I reckon there is more history between you two then you have said.

OFTBC

Thanks for all your posts, They have been very insightful and have shown me things that I can possibly use in my case and thinks that I best not use. I think last night I was still angry so that probably came across in my postings so apologies.

I need to go through that whole half hour in my head and write it all down and see what I can throw at them in my defence.

Up there it is very much us vs them(managers) Recently we have taken a pay freeze, Pay cut and lost our bonus scheme whilst the managers have just taken a pay freeze. This has caused a lot of tension between us and them as we have all slowed down now as we feel they are taking the !!!! out of us (more work, Less pay)

I feel my best defense is to point out that in teh past I have had no problems doing anything that has been asked of me. This manager who suspended me has in the past swapped certain individuals over when they have said they don't want to do it. I am ensure if I should bring up the weekend. It was clear to me that he put me on that task as payback but I think that is going to do more harm than good but think I may have to say something about it as I told him that was the reason I wouldn't do it.

He called me into the office, I said I was unwilling to speak to him without a person present yet he carried on talking, He went out of the room and rang teh ops manager who wasn't on site, He came back in and asked me to bring someone into the office with me, I did so and once again he asked me if I would do that job and once again I refused, He then went back outside and spoke to the ops manager on teh phone and came back in and asked me again and I refused he then went back on his phone and spoke to him again and came back in and said as I am refusing to do a reasonable request he is suspending me on full pay until further notice and I will be notified by post of a disciplinary hearing.

I do have a union rep but I would say our relationship is strained at the moment due to him refusing to represent me about what happened over the weekend because I wasn't willing to admit I Did anything wrong. I have also asked my union rep to put in 3-4 grievances over pay issues yet he has failed to follow them up so I no longer feel I can trust him. I think I May have to contact the union and see if the day shift union rep can represent me or something.

I somehow need to make sure that this manager followed procedure 100%, Basically I am looking for any loophole that there may be, There is always one but it's just a matter of finding it.

I admit I was in the wrong, I Should have in hindsight said I was unhappy about it and gave my reasons and got on with it and request a meeting with him and my union rep to iron out any issues. But in teh heat of teh moment I sort of lost control and wasn't thinking straight.

RobertoMoir

OFTBC wrote: »

Thatnks for a good post, Lets make this clear I Have been suspended for refusing to do a specific task and not due to the weekend where I entered the preemies whilst I had a tiny amount of alcohol in my system.

I think I was put on that job I dislike doing because he knows I dislike doing it because he couldn't get me on anything because of what happened at the weekend.

I have never refused a request before, But this time as I felt it was personal I wasn't willing to do it, In my defence I think I Should bring up the matter that someone refused to do the same job only last week and they put him on a different job instead. Also only on Tuesday a team leader refused to do a job so they swapped me over with him. Yet I Refuse to do something and I get suspended.

I think you'll find "but but but he got away with it" won't go far as a defence. As you knew they'd be swinging for you after the weekend's happenings this would have been a fantastic time to shut the hell up and keep your head down.

OFTBC wrote: »

My issue is I was put on there as punishment, I am fed up of doing that task which is far superior to any other job in the warehouse whilst being paid the same as those that can't do it. Out of about 60 staff there is only 5 of us that can do this task so I end up doing it a lot whilst receiving no extra pay. After 2 years of doing this task I still haven't received any official training and have had to at times improvise as I go. I am expected to take things off of the side of the chute despite not receiving training to do so, So therefor breaking health and safety regulations but I get put under pressure to take the stuff of the side of the chutes because if I don't and take it off where it should be taken off then the machine will stop and my final issue is due the amount of trays that come down that chute some of them are very heavy and has done my back in so each time I do that task I end up in considerable pain.

And if you'd objected on the H&S basis at some time during the 2 years instead of just now on the basis of "it's because you're punishing me" that might prove helpful.

robin_banks

I suspect the OP isn't telling us the full story, summary suspension ordinarily indicates a serious incident. Has the OP been warned either verbally or in writing?.

DMJ_2

I think it'll be very difficult to argue the case based on the lack of training. As others have said, with you doing the work on and off for around 2 years, if training was something you deemed necessary they may ask why you'd never mentioned this prior to the suspension.
I do agree there seems to be some double standards with allocating jobs between workers, but proving that may be difficult.

Keep us posted on how you progress!

Emmzi

Union reps generally refuse to represent you if they think you don't have a case.

You are sounding like a bit of a bolshy trouble maker here from your posts. I would work on sounding more reasonable for your meeting with management.

OFTBC

robin_banks wrote: »

I suspect the OP isn't telling us the full story, summary suspension ordinarily indicates a serious incident. Has the OP been warned either verbally or in writing?.

I am trying to be as open as possible.

Il go from the start to make it clear.

Before each shift starts there is a briefing where all staff are informed of what jobs they will be doing etc etc. He left my name till last and looked at me and said is that OK? I muttered something under my breath and stormed off into the canteen to get a drink. Within moments he was on my case saying come on your needed down there. As I walked through to the warehouse he followed me and argued with me because I suggested he put me on that task as punishment. I went down to the area and was really stressed out so decided to pop out for a smoke to calm down. I shouldn't have but I did. He came out and started moaning and I Said I'm on a official break now And I'm on the phone so can you please leave me alone. He asked to see me in the office and I replied OK once I have finished my phone call, He said no now so I put my call on hold and followed him and I have explained above what happened then so don't want to have to type it out again.

The only thing I have been suspended for is for failing to follow a reasonable request. I think suspension is slightly harsh for that but hey ho I guess.