Should I quit or potentially be sacked?

jdturk

littleredhen wrote: »

this sounds like constructive dismissal - see explanation
http://en.wikipedia.org/wiki/Constructive_dismissal

i would have a word with hr /personnel

Constructive dismissal is only if the store are already performing to company standards and expected to be doing more than what is deemed feasible in an aim to drive them out. It sounds to me that the current store is over staffed and badly ran and most likely under performing to the company standards hence the new manager

CookieMonster_

I just found the overview of my contract (will dig out the actual thing to see what the full conditions are), and here's what it says..

Notice of Termination.

Notice to be given by Employer

First three months of employment - One day
Thereafter - One week for each cmpleted year of service, up to a maximum of 12 weeks for 12 or more consecutive years service.

As we're after three months, but haven't done a year yet, would it still come under one day's notice? Either way, she's breached the contract by sacking on the spot with no real reason!

Apolonation

Do you know what one of the greatest tools you have at your disposal is? It's ideally suited to this situation and almost any other problem (well most other problems!) you could encounter in life It's called communication.

If I was you I would approach this manager as soon as you next see them free, ask them if you could have a private word with them for five minutes. Tell them that you have noticed that she does not seem happy with the performance in the store and reassure her that you are dedicated to working hard (as you always have been) to ensure that the store performs well. Tell her also that you value your job, so in light of the what was mentioned about 'more people getting sacked' you just wanted her to know that you are doing your best to exceed any expectations and that you would appreciate it if she would let you know if there is anything she in not happy with about your work - etc....

Basically you need to show her that you are worth keeping. I'm sure none of the other staff will have done this and it will set you out from the crowd. That's what I would do anyway.

Good luck hope it works out for you

basieman

Apolonation-you cannot be serious!. Please take your tongue out of your cheek this instant!

"Brown-Nosing" is the last thing he wants to do. It will certainly "set you out of the crowd" - but definitely not in a good way!

However, the first para of your post has some merit. "Communication" is the name of the game.

CookieMonster, I don't mean to be personal, but you say you started in October and already you have had a week off.? Were these holidays decided by the manager or by yourself? Just don't give her any unnecessary ammunition.

Have you mentioned your concerns to your supervisor? And if so, what was their response?

ATEOTD - Get the rest of your colleagues who are as p*****d off as you are and ask her for a demo.

To my mind this manager has just been promoted and sent into the store on a "new broom" basis. She has to "prove" herself as quickly as possible.

As previous OP's have pointed out - don't resign, unless you have a job to move on to(?)! You will be sanctioned by DWP = No JSA.

Good Luck.

Kay_Peel

Apolonation wrote: »

If I was you I would approach this manager as soon as you next see them free, ask them if you could have a private word with them for five minutes. Tell them that you have noticed that she does not seem happy with the performance in the store and reassure her that you are dedicated to working hard (as you always have been) to ensure that the store performs well. Tell her also that you value your job, so in light of the what was mentioned about 'more people getting sacked' you just wanted her to know that you are doing your best to exceed any expectations and that you would appreciate it if she would let you know if there is anything she in not happy with about your work - etc....

Basically you need to show her that you are worth keeping. I'm sure none of the other staff will have done this and it will set you out from the crowd. That's what I would do anyway.

Good luck hope it works out for you

This advice is spot-on. Well said, Apolonation. There's nothing to be lost by a polite enquiry and a demonstration of a desire to work WITH the manager rather than against her. Who knows - perhaps she's right and it's physically possible to work faster; or she could be wrong but needs to see that at least one member of staff will try their darnedness to do the impossible.

You say you don't like confrontation, so Apolonation may well have given you sound advice about a strategy that you are comfortable with. Go for it and good luck.

CookieMonster_

Basieman, my week off was a week's paid holiday which I had to take before the end of next month, I wasn't off ill or anything. Everyone including the supervisors all have the same concerns except they've been put on a 12 week trial, and if she's not happy at the end of it they'll probably be dismissed too. At least they're getting some warning about it though! They think it's ridiculous the way she's behaving as well but I don't think there's much they can do about it as she's the boss and they'll want to keep their heads down as they're under scutiny too.

maninthestreet

Surely your HR department will want to know why there have been so many sackings going on?? Or perhaps they are not aware of them? Perhaps this manager is reporting to her superiors/HR that these people are leaving of their own accord, given that no written reasons for dismissal appear to have been provided to them.

dickydonkin

Seems like a nice company to work for - I wish I was aware of the chain as I would not shop there. I wonder if this 'Battleaxe' has been in to do a hatchet job - certainly seems the case.

If you decide to go down the constructive dismissal route and before Anhilator jumps in with both feet (again), even though you have not worked for the company for the required 12 months to claim unfair dismissal if you are dismissed, there is something I have noted from your posting that may offer a way out or certainly make the comapany rethink their strategy.

There are exceptions to the twelve month limit such as discrimination and various other reasons listed here:http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073793717

You stated that the manager is insisting you unload cages within an unreasonable timescale. I would suggest this is compromising the Health & Safety of you and your colleagues by having to work in an unsafe manner.
Your company has a duty of care to you, the rest of the staff and others - that is a legal requirement.

I suspect no risk assessment has been undertaken or safe system of work for this new method of working either - again, another legal requirement.

I would highlight your safety concerns IN WRITING to the manager (keep a copy) - this will likely stir a hornets nest no doubt - but if you feel you are going the journey anyway, why worry?

Suggest you will refuse to work the new method of working until the company Safety Officer has undertaken all of the legal requirements necessary. See what response you get.

If you do get sacked, then you may cite unfair dismissal on victimisation as you were highlighting h&s issues in the workplace. Or if you want to jump ship, you can go down the constructive dismissal route - again, highlighting your concerns for safety.

Whichever way you leave the company, at least you can tell your next employer you left for safety reasons - not sacked for poor performance as will seem likely with the battleaxe!

I suspect head office will take a dim view of your Managers 'modus operandi'. I also believe that the HSE would have an opinion as well.

Fight fire with fire!

There may be performance issues, but these can be addressed in an appropriate manner. I have seen people like this new manager oh so many times before - they come with the 'I will show you who is boss' mentality, they do the dirty work and they are gone - leaving a demoralised workforce behind them.

Of course, I am only suggesting what stance I would take, however, it is your choice as what action to take. She is treating staff like something stuck to the bottom of her shoe - I would respond in a similar manner.

DVardysShadow

Zazen999 wrote: »

Are there really all that many cages that ALL of the staff ALL have to unpack ALL cages and the only time you have to do it in means they ALL have to be unpacked in 30 minutes?

Hmm. I would turn it the other way. How many staff would be needed if they were all unpacked in 30 minutes? And then look at it as a hit list.

Sorry to be gloomy.

Anihilator

dpassmore wrote: »

Seems like a nice company to work for - I wish I was aware of the chain as I would not shop there. I wonder if this 'Battleaxe' has been in to do a hatchet job - certainly seems the case.

If you decide to go down the constructive dismissal route and before Anhilator jumps in with both feet (again), even though you have not worked for the company for the required 12 months to claim unfair dismissal if you are dismissed, there is something I have noted from your posting that may offer a way out or certainly make the comapany rethink their strategy.

There are exceptions to the twelve month limit such as discrimination and various other reasons listed here:http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073793717

You stated that the manager is insisting you unload cages within an unreasonable timescale. I would suggest this is compromising the Health & Safety of you and your colleagues by having to work in an unsafe manner.
Your company has a duty of care to you, the rest of the staff and others - that is a legal requirement.

I suspect no risk assessment has been undertaken or safe system of work for this new method of working either - again, another legal requirement.

I would highlight your safety concerns IN WRITING to the manager (keep a copy) - this will likely stir a hornets nest no doubt - but if you feel you are going the journey anyway, why worry?

Suggest you will refuse to work the new method of working until the company Safety Officer has undertaken all of the legal requirements necessary. See what response you get.

If you do get sacked, then you may cite unfair dismissal on victimisation as you were highlighting h&s issues in the workplace. Or if you want to jump ship, you can go down the constructive dismissal route - again, highlighting your concerns for safety.

Whichever way you leave the company, at least you can tell your next employer you left for safety reasons - not sacked for poor performance as will seem likely with the battleaxe!

I suspect head office will take a dim view of your Managers 'modus operandi'. I also believe that the HSE would have an opinion as well.

Fight fire with fire!

There may be performance issues, but these can be addressed in an appropriate manner. I have seen people like this new manager oh so many times before - they come with the 'I will show you who is boss' mentality, they do the dirty work and they are gone - leaving a demoralised workforce behind them.

Of course, I am only suggesting what stance I would take, however, it is your choice as what action to take. She is treating staff like something stuck to the bottom of her shoe - I would respond in a similar manner.

I have noticed a recurring pattern in your posts which basically involves suggesting employees to commit fraud, lie and act unethically to get round employment law.

There is nothing discriminatory here so they can get rid if they want. If the OP thinks its a good idea she could raise a grievance and speed up her exit.

Otherwise I suggest they get their head down, work hard and ensure they are being productive.

Retail stores expect a lot for not a lot. That is life. I am going to hazard a guess at the moment the store is underperforming because the staff spend more time having a laugh with each other than they do working.