sent home from work in the night

scheming_gypsy

dickydonkin wrote: »

Did the OP state that she walked to work?........Perhaps she was dropped off by the same person who picked her up or got to work by bus.

seems so from the second bold bit where it's common knowledge that they walk to and from work unless they finish at 10. Although it seems strange they'll walk there for 10pm but not do the return route at 10pm

dickydonkin

scheming_gypsy wrote: »

seems so from the second bold bit where it's common knowledge that they walk to and from work unless they finish at 10. Although it seems strange they'll walk there for 10pm but not do the return route at 10pm

Just reread an amended sg - as I stated earlier, walking to work before or just after 10pm will be safer that after midnight I suppose - but a lot would depend upon the area as well.

I still think the OP should have been given the opportunity to contact someone to pick her up at that time of evening/morning.

DVardysShadow

Oldernotwiser wrote: »

I don't really understand what was the difference between your walking to work at 2200 and walking home from work at 2400.

You are only assuming OP walked to work. I would think OP could well have had a lift into work from her partner. [Apologies, just re read OP does appear walk to work for 2200 but would be picked up from work at 2200. Still appears that OP has decided what is appropriate]

Aside from SarEl's clarification of the legal position, even if there is no legal recourse for being put off the premises in the middle of the night, it is a totally unacceptable way to treat an employee. This is a justifiable basis for a grievance.

dickydonkin

Emmzi wrote: »

Never heard of employer having duties outside the workplace. Bit nanny state for me. Never seen it in a contract either. Or on the government website.

http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_4016686

Nanny state - maybe - but perhaps the family of the employee killed which I described in my earlier post may disagree with you.

t0rt0ise

OP chose to walk home. She was met half way so must have called home. If the manager knew she had a mobile phone then he did nothing wrong. She could have chosen to wait at work until her lift arrived.

dickydonkin

t0rt0ise wrote: »

OP chose to walk home. She was met half way so must have called home. If the manager knew she had a mobile phone then he did nothing wrong. She could have chosen to wait at work until her lift arrived.

You are missing the point.

You have assumed that the manager knew about the OP having a phone......hence your quote 'IF'.

But the crux of this issue is that the OP should not have been placed in this position anyway.

It seems that the 'DEPUTY shift manager' who was likely standing in was not very competent in dealing with the situation or conflict and there may have been an element of 'showing the OP who is boss' in his new found (albeit temporary) capacity.

Whatever the sitution - it was plainly wrong.

tori.k

I read it as the OP sometimes walks home at the end of her shift at 7am but gets a lift if she finished at 10pm, tho im sorry but common sense to me would be that i would have phone from work then waited outside the premises untill my lift had arrived if the manager had wanted me off site.

heretolearn_2

It sounds to me that the OP got gobby and disrespectful to their work supervisor 4 times, 1) 'a bit of a row' 2) 'another problem' 3) refused to speak with the supervisor without getting all stroppy and trying to insist a witness comes in to the discussion 4) arguing about 'when did I disobey an order' (well, could well be 1,2 and is definitely issue 3). So was then asked to leave work. OP - you seem to have a problem accepting their supervision? Why otherwise comment that they are on the same pay grade as you.

I'd have asked you to leave too, don't care what time it is, and I'm a woman. Perhaps things were getting too aggressive/fraught for the supervisor to want her to remain on the premises?

OP rang to be met. She could have waited to be met outside her work premises. If you are thrown out of work for poor conduct, getting home is your business.

zzzLazyDaisy

The manager was entitled to ask her to leave the premises. Once she had left, she was no longer at work and the employer had no duty of care towards her.

The case quoted is irrelevant - the reason the employer was held liable was because it had required the employee to work excessive hours in breach of health and safety guidelines, and it was held that this negligent conduct was related to the subsequent accident - cause and effect.

Since the employer in OP's case was acting legally, there is no negligent conduct (in legal terms) to hang a 'cause and effect' case on.

OP is an adult, it is up to her to get herself home safely. She had a phone and could have waited until her lift arrived. She chose to start walking. As a by-the-way she also chose to have an argument with her line manager, so must take responsibility for the outcome.... which may ultimately involve a disciplinary and potential dismissal.

Poppy9

Am I the only one who is curious what the arguments were about?

• Was the OP feeling bullied by her line manager for whom she could do "nothing right" and that was why she asked for a witness to be present next time they had a meeting?
• Was the OP a gobby, awkward cow trying to take advantage of her line manager who wasn't paid more than her so she didn't recognise is seniority?
• Was the liine manager a little Hitler and the power of being in charge had gone to his head?