What should I be doing?

Help_Needed_4

I have been employed for 14 months on a zero hour contract, working as a care assistant in the community. Over the last few months more staff have been employed and my hours reduced not by anything drastic, but enough for me to look for a new job. My sister also works for the same company and has for 11 months. She has also been suspended for the same reason as mine below.

I was offered a job which I intended to have as my second job - working on the evenings and weekends I was not at my main job. I informed my current job that I had to attend some training and would be unable to work. This was fine. However as I collected my rota for the following week I had gone from my expected hours of 30 to 15. I had also been pulled from the regular work I have been doing for over a 3 month period.

I put in writting that I wished to speak to my managere - who is also a director of the company about the changes to my work pattern (I was not intending to dispute her right to do this, but wanted to question why all of a sudden the change had happened and ask for more work)

Today I had several phone calls in a 2 hour period - don't go to work come in and speak to her now, can't make it now would I go at such a time. - Eventually 3pm was agreed on, however I was informed by the office staff that the reason for this could not be discussed, but it was nothing to do with me asking to speak to my boss.

3pm and called through to see her and another of the directors was there. The meeting was recorded and I was informed effective immediately I was suspended on full pay while the allegation that I had been contacting current and ex staff members to help me get the company shut down was investigated. I was given a letter informing me I will be hearing from their solicitors and that I should seek legal advice, my boss also orally told me how upset and disapointed she was that I would do this - really feels as her decision has been made.

I really do not know what to do next, I had a bbq planned and several staff members were invited. My boss has told me they can not attend, I can not speak to them or I will be instantly dismissed. Not really sure if she can stop me informing them not to come. Also I am not entirely sure correct procedure has been followed as I was not informed of why I had been called into see her or that I could have some representation with me when I attended.

I have no idea what full pay means and have asked but told she will get back to me. I am on a zero hour contract so am worried as to what pay I will be receiving.

I was also informed this will all be resolved by the weekend, its Wednesday now so how it can be investigated so quick seems odd to me. I was told and have in writing that the allegation was made in writing, am I allowed to see this letter?

I am sorry if this makes little sense but I am a bit het up at the moment. What should I be doing to help myself out here? I have never tried to approach anyone or ever had any intention of causing harm to the reputation of the business. I am not in a union.

Savvy_Sue

You're right to feel that the right process may not have been followed, although if this was an investigation rather than a disciplinary then you didn't have the right to have someone with you.

ACAS is a good place to start.

viktory

Savvy_Sue wrote: »

ACAS is a good place to start.

Do phone ACAS - and get a copy of the staff handbook if there is one. This should list the procedure for grievances, investigations, dismissals etc. Word of caution re ACAS though, their advice is not always great, so try and get secondary advice where possible. I was often reduced to ringing them twice and getting conflicting information from different people there.

ceridwen

Re them trying to say who you can and cant have at a social event in your leisuretime - that is not up to them to decide. Obviously dont have the bosses - and ensure you only have work colleagues you trust not to mention the barbecue at work and, to cover yourself, ensure that you can truthfully say that you didnt discuss work topics with any colleagues that do come to your barbecue.

Its outrageous that they are trying to lay down the law about what you can and cant do in your own time.

To be honest - I doubt it matters much who you have to the barbecue anyway, as it sounds like they are so determined to trump up excuses for action against you that they will proceed anyway. So you might just as well have that barbecue as planned (minus the bosses) and try and enjoy it. It would appear that the root of the problem is that they dont like you having a second job in your leisuretime. In their minds - you are supposed to be totally available exactly whenever they want you to be - and you having a second job means they cant mentally "hold in reserve" your leisurehours as "available to us and we will call her in for extra work during them if we want to". That is just SO wrong - ie that they want you to be potentially available 24/7 and this is why they are taking action now. Also very wrong that they arent even being honest about it - hence them "trumping up fake charges" against you.

As they would appear determined to sack you - then I would say that the best thing you can do now is a "damage limitation exercise" to protect your work reputation against them managing to do/say anything that might influence another potential employer against you.

I can only say what I personally would do - which is "take the attitude that I would set them up back in reverse and go right ahead with the barbecue as planned (minus the bosses) and make sure that they knew I had done so". Then I would find it easier to tell prospective employers that I had been sacked for reasons that were nothing to do with my work ability (ie because of a social event I had held in my leisuretime) - which is something no reasonable potential employer could possibly object to.

Good luck.

andygb

Help_Needed wrote: »

I really do not know what to do next, I had a bbq planned and several staff members were invited. My boss has told me they can not attend, I can not speak to them or I will be instantly dismissed. Not really sure if she can stop me informing them not to come. Also I am not entirely sure correct procedure has been followed as I was not informed of why I had been called into see her or that I could have some representation with me when I attended.

Is there any way that you can arrange another meeting with your boss, and try to get him/her to repeat what they said regarding dismissal? I would be very temted to take a recording device with me (this is not so uncommon as it sounds). At the moment, you certainly have grounds for constructive dismissal, based on what you have told us, but what must not happen, is that your employers are allowed to dictate the proceedings from now on.
Take the other poster's advice and get ACAS or maybe an employment solicitor involved.

DVardysShadow

ceridwen wrote: »

I can only say what I personally would do - which is "take the attitude that I would set them up back in reverse and go right ahead with the barbecue as planned (minus the bosses) and make sure that they knew I had done so". Then I would find it easier to tell prospective employers that I had been sacked for reasons that were nothing to do with my work ability (ie because of a social event I had held in my leisuretime) - which is something no reasonable potential employer could possibly object to.

Good luck.

I agree with your thrust and the outrage at the employers attempt to interfere with a private social gathering. Their edict is in contravention of Articles 8 and 11 of the European Convention on Human Rights.

I agree it is better to be sacked for a private barbecue than for anything else. But it still leaves the problem of constructing a coherent narrative to cover the situation. The base explanation for dismissal does invite further questions - you can just see how people here would react "Sacked for holding a barbecue? There has to be more to it"

Help_Needed_4

I have a copy of the staff handbook, but to be honest it is all very vague and almost seems as very little thought was put into the writing of the whole document.

I have still not been contacted back with regard to how much pay I will be on while the matter is investigated.

My boss recorded the meeting, and when anyone listens to it it will be quite clear that the other director present was under the impression I was fully leaving the company, my reply to this was that I had informed them I had another job. Meaning plural of one job. I am starting to think that have confused themselves with my wording of the situation - so I am hoping that they put an end to this nonesense now that point has been clarified.

I have an ex member of staff who was unfairly dismissed (but took no action) who is prepared to say she was never contacted to help me out with the shutting down of a whole company - Sort of impressed that my boss seems to think I have the capability to do something like that in the first place. At what point do I need to bring up witnesses in my favour?

Acas have not been very helpful in all honesty, they have not been able to tell me where I stand with inviting my friends to my house.

Another question is this, I asked at the meeting if my boss had sent the reference. She replied that she had done so a few hours before calling me in to the office. Can she mention these allegations? I am considering calling them and asking if the postion could be full time as I no longer wish to work for the current job (if thats even I choice I have!!)

Also a few weeks ago myself and my sister were called into the office together and told a service user had called up to complain that one of us had been moaning about having to pick up another staff member. Neither of us had said anything or even had to ever pick anyone up. My boss had called us in and basically said 'one of you said something to someone but I'm not really sure which of you said what to who' This does not really give me any confidence that any investigation will be carried out correctly.

Savvy_Sue

viktory wrote: »

Do phone ACAS - and get a copy of the staff handbook if there is one. This should list the procedure for grievances, investigations, dismissals etc. Word of caution re ACAS though, their advice is not always great, so try and get secondary advice where possible. I was often reduced to ringing them twice and getting conflicting information from different people there.

I realise that about ACAS, thing was though that their website is always there, even in the wee small hours when there is no-one to talk to on the phone!

Help_Needed wrote: »

Another question is this, I asked at the meeting if my boss had sent the reference. She replied that she had done so a few hours before calling me in to the office. Can she mention these allegations? I am considering calling them and asking if the postion could be full time as I no longer wish to work for the current job (if thats even I choice I have!!)

I'd call the newer job and ask them if they've had the reference, and is it OK? To say I'd be worried about what might have been written is an understatement ...

ceridwen

There IS that possibility of course - ie that the reference for the second job is inaccurate.

Howsomever - I believe there is some redress in law for inaccurate references? So - I am guessing that O.P. might have some comeback if the reference is an inaccurate one?

Fingers crossed that they have done a suitable one and, only then, gone onto this subsequent attempt at unfair dismissal from the existing job...

hoo

Hi, I'm an assistant manager for a LA residential home so get asked for refs all the time and receive them. With regards to the reference there are normally two choices for an employer when they receive a request for reference they can either decline which then puts doubt in the potential employers mind or they can write a "honest" reference which in my experience you can usually work out if there are personal grudges involved, is it a private home care firm that job one is for? Have a chat with the CAB they often have legal clinics

Ihatecameron

The idea behind the zero hr contract is you must be ready to work whenever you are asked, I think they are going to sack you on the basis you are in breach of contract. In that case you can take them to tribunal for unfair dismissal, on the basis you never worked more than 30 hours anyway, and now you are down to 15 hrs pw, they can hardly say you are in breach of contract without looking stoopid. No matter what happens, the lies need investigating so go down the tribunal route for this reason alone if need be.