Help and advice needed for employment trouble

dickydonkin

ohreally wrote: »

Indeed.

Perhaps KiKI can elucidate.

I think most posters on here accept the CD route is a difficult one despite no actual success rate forthcoming, however, I am sure it was SarEl who did quote the 3% figure (as suggested earlier) and I would have no reason to doubt that.

SueC_2

dickydonkin wrote: »

EDIT - What happened to SarEL? Her very informative posts are a miss.

I've been wondering that for a while. She seemed to just suddenly disappear.

patman99

OP, if you can obtain witnesses to back-up the fact that one of your superiors was spreading rumours designed to damage your reputation, then you will definately have a case based on that alone.
I used to work for a large HVAC company, and one of the senior management did the same to another member of the management team. The guy on the receiving end took the firm to court and got an out-of-court settlement of £25k.
As for being left in charge of a store with an alcohol dept, but no licensed person to run it, I would have got some shop floor staff to close it off. If they then complained, a quick phone call to the right council dept and the sebsequent fine might make them think twice before pulling the same stunt.

libbyc3

really feel for you OP - me and OH are going through hell with his current employer (who I used to work for too).
He also used to work in supermarkets so i understand the culture you are talking about - its horrid.
we've just bought a book off amazon - employment tribunal claims, tactics and precendents. about £25 - expensive but very good.
not an easy read but realistic about your chances and takes you through the whole process.
give ACAS a ring - they were quite good when we spoke to them.

good luck and please try not to get too stress (wish we could take that advice!)

Tiddlywinks

missblond wrote: »

Why i though i migh have a case for CD is because my problems first started after i had contacted the head of the company after i suffered a miscarriage due to the workload and extra hours i was bullied in to working. I made a complaint to him, and within 2 days all the deputy managers from the region (south east england) were called to a hurried meeting where they were warned about the working hours and forcing staff to work them under threat of dismissal.

Do you have medical evidence to support this allegation? If not, then you will really devalue your case by continuing to maintain this stance. If you do have medical evidence, then you should have taken legal action at the time. To look at this objectively you need to step back and understand that a high percentage (is it 1 in 5?) of pregnancies are lost through no-one's fault - it just happens.

missblond wrote: »

At that hearing 'Evidence' was produced in the form of written statements by 5 other managers around the region that said their 'understanding' of my offence was that i was wrong and should be sacked. After reading my evidence it turned out that i had done absolutely nothing wrong and had complied fully with not just comapny policy, but also at national H&S level, and was cleared of all charges. I was then offered a move to another store for 'protection'

So, an internal investigation proved you 'innocent' so the system worked. You need to obtain copies of all relevant paperwork for future reference.

Regarding the move, how was this offered? In writing? Did it change your contract ((as in your normal place of work)?

missblond wrote: »

I was called in to the office and given a verbal warning for a funny comment i had made, which the deputy says was racially insensitive. There were 5 other people of foreign origin when i made the alleged comment and none of them said they were offended in any way.

What did you say? Just because 5 other members of staff witnessed the comment but were not offended does not mean that what you said was acceptable.

missblond wrote: »

2 weeks later (whilst 7 months pregnant) i was called in the office on 4 occassions, .............. As i was so heavily pregnant i decided to leave it for the sake of my health and malso the baby. I then had to leave for maternity 4 weeks earlier than planned as while i was working the managers decided to take all my staff from my department to work checkouts, thus leaving me alone. Despite raising concerns with the 2 managers in question, i received no help or assistance.

Regardless of your pregnancy, if you are fit to be in work then they have a right to expect you to undertake your duties... You decided to leave early - can you PROVE that they forced you to? You seem hung up on the fact that your were pregnant - so what. Millions of women work every day - it's no big deal.

missblond wrote: »

I was completely cleared of all the charges and he knew this, yet he is not only discussing my disciplinary with other people, but also spreading malicious gossip and lies. After my hearings, the company once again cleared the managers of bullying and i went ahead with my disciplinary, for which i was completely cleared again.!

Again, the process worked for you and cleared you. If you felt that you were being picked on did you put in your own grievance? How did that go?

missblond wrote: »

the manager has made it clear to me in a mediation meeting that i am worthless, and not capable of meeting his high expectations. He also got in the threat that if they want, they can discipline me for a number of things if they want to! I have all the notes from this meeting, in which he spent 2 hours putting me down, and making me feel like crap. Now the company are refusing to move me, and insist that i have no choice but to return to that store.!

ACAS now recommends that mediation be used as a tool in employment disputes before tribunals are considered... Why were you called to this mediation session? Who initiated the process? Was the mediator trained?

I am a trained mediator and I can say absolutely that if the manager said the things you say he did (and in those words, rather than your interpretation) then he should have been challenged and if he continued then the session should have been closed.

Now, back to you. There are an awful lot of people that you don't see eye to eye with. Is there something that you are doing to add fuel to the flames? Are you acting differently because of your views of the company and your managers?

Put in a SAR request (google Data Protection Act) and get copies of all corresondence held by the company that relates to you as an individual - consider the content and then decide where to go.

Is there an internal grievance process for you to follow? Use it, if you feel aggrieved; that is what it is there for. Only after exhausting all of the internal processes should you resign (and then only if you feel and can prove that you cannot continue to be there).

Proving CD is not easy and I personally wouldn't rely on the pregnancy issues for a discrimination case either.

Good luck.

Tiddlywinks

missblond wrote: »

I know i need proof, but is being suspended on two occasions and completely cleared of all charges not enough? Is having a written statement (from hearing minutes) where a regional business manager admits to spreading malicious gossip that is harmful to my career and destroyed my reputation not enough? Having the diagnosis of three different doctors who have all concurred that i have suffered undue stress which resulted in me having to take prescription medication not enough? Or being knowingly left in charge of a very large supermarket without an alcohol license? This offence carries possible imprisonment or a £20,000 fine, yet the company have said they are satisfied they acted correctly as it was unavoidable because the deputy who left me there needed to go home and had messed up the work schedules? I'm pretty sure that one wouldn't stand up in court as a valid reason for running a shop without the license.
All these incidentas there is proof of, along with my wages being constantly short, that has left me in some financial difficulty.
All i need is someone to discuss these matters with, as there are serious failings here, and i haven't got a clue who to talk to

You are a manager so you will be judged by how you react to situations such as the lack of a licensee on the premise. Was this a forseeable event?

Regarding the stress, yes your doctors may be able to say you were suffering from stress but was that wholly work related (new mum etc)? Prove it. Did you notify your employer of this condition so that reasonable adjustments could be made? Why not or if you did, how did they deal with the situation?

You have to take responsibility for your part in the employment relationship - you have to give them all of the correct information and responses at the right time to be seen to be fair. You must be seen to be reasonable and to have used all processes available to you.