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Disiplinary and facebook

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  • acebanditcat
    acebanditcat Posts: 103 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    edited 10 January 2010 at 2:54AM
    Thanks Sunshine12 and dehaani, your advice and information is much appriciated. My partner has started to construct a letter for me to hand in at the begining of my disiplinary to make sure i manage to get all my points accross. After reading your comments he thinks it might be better rather than one big letter to actually have three letters. First about my supervisor and my arguement to my low call stats. A second for after i have asked the question about confidentiality stating my concerns about this information being given to people. and a third with my concerns about the company. (Each month we are generally paid by a different company name within the group (seperate ltd companys), we are on hold with many of our suppliers, wages paid on thursday (actual payday) was given as a cheque. as told no funds as we had not traded over christmas (we use a factoring company) and then friday morning recieved a pension statement showing August and Septembers contribution missing from myself and employer, even though deducted from my wages and the increase of my pension contributions since july 2009 not shown on the statement.
  • Savvy_Sue
    Savvy_Sue Posts: 47,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would say that there are two separate issues here, and you'd do well to keep them separate.

    There is your disciplinary, for which I don't think they've given you enough notice, evidence or information: you're supposed to have enough notice to 'prepare a defence'; to do that you need to know what grounds they are holding the disciplinary; and you need to be told that you can take a colleague if you wish.

    However, leaving all that to one side, because if they decide to fire you it could work in their favour if they did it wrong ...

    The lack of confidentiality is something about which you could raise a grievance, but I think that would be treated as a separate matter. And that grievance could include the pensions, and the delays over paying you.

    If you haven't got a copy of your company's grievance procedure, ask them for one, and have a look at the ACAS site tomorrow for what it should look like, also what a disciplinary should look like.
    Signature removed for peace of mind
  • CFC
    CFC Posts: 3,119 Forumite
    Yes, acebandit, you do need to separate these out as they are not linked.

    Firstly have a document you can refer to that relates your points about your disciplinary.
    Secondly a letter explaining that you have not told anyone about your potential disciplinary, yet people in the office know of it and are discussing it and asking them to investigate how this has happened (basically, putting in a grievance)
    Thirdly, the pay matters.
  • acebanditcat
    acebanditcat Posts: 103 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    edited 10 January 2010 at 3:38AM
    the letter says: (this is how its worded and spelt)
    "You are here by invited to attend a disciplinary hearing on monday 11th january 2010 with regards to your call stat performance. The meeting will be held with myself at 8.30am in managing directors office, you are entitled to bring a witness."

    I won't be taking a witness as there is not a single person in that office who will not go outside and discuss it with the others.

    The letter was placed on my desk while i was out of the office on my break approximately 4pm on friday afternoon. just a plain envelope with my name on didn't say private. Also the managing directors office is within our main office (has glass windows all around no blinds) noone can hear whats said in there but the md can hear whats said in our office
  • all so I've never had a disiplinary before so wouldn't it be a written warning first?
  • Savvy_Sue
    Savvy_Sue Posts: 47,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would say that you couldn't be given a written warning without a disciplinary hearing first.
    Signature removed for peace of mind
  • First Boss, at age 16 in October 1978 said the following: -

    1 The company has a subsidised shop
    2 5p a week will be taken form your wages for the Sports and Social Club
    3 Your too young to have all that money, half is going into superannuation
    4 The companmy has a pension scheme, but if I were you, I would not put a penny in the pot as by the time you lot retire, they'll be nought left
    5 Do not go to work in a new car, the boss will think you're paid too much
    6 JOIN THE UNION YOU'LL NEVER KNOW WHEN YOU'LL NEED'EM
  • paulwf
    paulwf Posts: 3,269 Forumite
    As others have said I would just focus on the main issue, your performance. If you can get some stats together to show that your profits are much higher than the rest, tell them what you have told us basically. Go all out to win them round so they don't just pull you up on your call volume.

    Leave Facebook and pay issues for another day, you need to win this battle first. Bombarding them with letters about various issues will make them want to get rid of you all the more.
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 10 January 2010 at 9:52AM
    a - if you have been asked to do 50 calls a day, then you do have targets
    b - if you can prove that making 10 calls brings in more £ than colleagues that make 60 calls; then I'd go down the line of asking for your targets to be in £income not in calls made, as you obviously work differently to colleagues. You could say that you thought that bringing in the £ was more important than making calls that do not; but you will be happy to make calls that do not result in income if it meets targets; but it seems a bit silly to focus attentions on calls where it is income that matters.
    c - as soon as you get to work, you need to request a copy of the discipinary procedures and do not leave the building without them. You should have asked for these on Friday as soon as you got a letter. You would be within your rights to ask for the meeting to be postponed so that you have time to consult ACAS and get some advice to prepare your case. Personally, I'd not walk into the meeting until I had them and had read through them, and I'd ask for it to be postponed whilst I consulted. Did the letter say what may result [ie written warning, dismissal etc?].
    d - print out the facebook comments, and any that follow, in case you need them. It is a different issue but it could come in useful - but first fight this battle.
    e - if the letter just says witness, and not 'colleague or union rep/member' then can you bring a friend? You need someone to take notes for you.
  • woody01
    woody01 Posts: 1,918 Forumite
    edited 10 January 2010 at 10:58AM
    Excuse to get rid of you?
    Most of them you justified in your OP.

    As far as what the woman said online, from what you gave said, its true. It doesn't sound to me at all like anyone is picking on you.
    It does however sound as though your bosses and your work colleagues are tired of your attitude, performance and general lack of interest and wish to sack you.
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