What More Can I do To Help My Son?

Chr1s

As previously mentioned my son has a meeting this afternoon. It was initially agreed that both my wife and I could attend, now they are telling us only one can. We understand the fact that letting one of us go is a good thing and we are thankful for that. The problem is I am the strong one who can hold my ground and not be manipulated in the way my wife and son can sometimes be. I also tend to put my foot in it by saying things I shouldn't. My wife on the other hand knows the ins and outs of what my son has been going through, has attended previous meetings, been involved in corresponding with various people e.g. Solicitor, Employment Coach, Store Manager, Personnel Manager etc. However she can become emotional, especially when it concerns the children/grandchildren.

To be truthful I'm really feeling stressed this morning. The wife hasn't slept most of the night worrying about the returns to work meeting, and to cap it all our beloved 12 old Weimaraners ashes arrived this morning which has upset everybody. Anyway ...

We have decided that it would be best for my wife to attend the meeting with my son. The thing is I don't really know what to advise her regarding what to say. Can anyone please give me some sound advice. I know we have to mention the situation regarding people leaving and not being replaced, and that his workload hasn't been adjusted to reflect this. But apart from that I don't know what else to tell her seeing as they can't mention anyuthing to do with the ET.

nicter

How did things go today chr1s ?

CFC

Googlewhacker wrote: »

Times change within business, it could be doing less business than before and thus needs less people.

I saw a place go from 6 warehouseman to 1 because of this and the company restructured

Exactly so. You and your son need to have a think about what support the company could offer that is a reasonable adjustment. Asking for a team of 4 to be reinstated if the company have decided one person is sufficient is not going to be considered reasonable by any company.In terms of overwork, can he do the jobs required in the time allocated? If he can't, he walks away at the end of the shift, leaving the work not done and the night shift will need to take over - if he can, then he is not being overworked. It doesn't matter that you think there should be more on the day shift than the night shift, the company has its reasons, I've no idea what they are but that doesn't matter either.

You need to think about the 'reasonable adjustment' not as 'what would suit him best' but 'what the company could do that would not be unreasonably difficult or expensive' in order to come up with some options.

Reasonable options could be

a change of work type
a change of work location


assuming that either of the above are possible or desirable. More examples below.

change of hours (would still need to fit in with company needs)
Breaks cover being allocated on ALL days.
extra supervision
reporting to a different manager for personnel/personal/health issues rather than workflow queries/supervision
Written instructions

Make sure that your suggestions are documented in the meeting minutes of the return to work meeting.

Also, please don't think I'm being horrible, but how do you know the allegations of gross misconduct were false and/or deliberate? Answer - you don't. Bear in mind the OH clearly believes that your son is likely to show inappropriate behaviour in the workplace if he gets upset, and that if it continues it can eventually be cause for dismissal. It's not easy becoming involved in an employment situation as family.

Chr1s

　

Hi Nicter and thank you for the enquiry, I was beginning to think this had turned into a diary, although in a strange way it’s proving to be quite therapeutic. The meeting took place as arranged and my son handed in the following requests to the Store Manager.

Suggested Reasonable Adjustments:

To ensure that I receive the adequate breaks. As it stands I have to take my break at the end of my shift as there is no one to cover my breaks. I have brought this to the attention of the Section Manager since November and still this has not been addressed.

Please can somebody make sure that the night shift finish their deliveries before I start work. The night shift has 2 G.A
’s. Milk is always left for me and bread is also left on occasions. I am told that this is because it’s been too busy. When I do the night shift I have never left a delivery for the day shift. The deliveries throughout the night can be managed by one person, although for health and safety reasons I can understand why there are 2.

Can I please have the adequate support that I should have in the warehouse. My job title is Warehouse/backdoor assistant, which means I am assisting somebody. I start my shift at 6 am and finish at 1.30 p.m. (as previously explained I take my 1.5hr break at the end of my shift). When I started in the warehouse there were 3 people, 4 including me. Over a 12 month period 3 people left without being replaced, although the workload remains the same. This has caused my work load to quadruple. The evening shift also has 2/3 people on. I have asked my section manager about right hours right place, but this has been declined. All I am asking for is the same level of support my colleagues receive in regards to the structure of my working environment.

Would it be possible to have a named manager who I could report to if I was to encounter any problems, and I felt things were getting on top of me again. I would also like this because my Store Manager has told me that I was going to the wrong managers in regards to problems I was having. Also having one person to report to

allows me to keep any problems I am having confidential.

I have been informed that 4 applicants who are currently working X store and who went for a TL vacancy, were overlooked in favour of the son of the Personnel Manager (who is involved in the ET claims). This person had not previously worked for the company. This is making me doubt whether any real changes are actually going to take place once I go back to work, from where I‘m standing it seems to be another way of creating an intimidating environment for me.

My wife said that the team who held the meeting were really nice and put them both at ease. They did keep trying to bring up the grievances and the investigation, she asked them if they could please divert any questions that relate to incidences before the 24th February to our solicitor (as this is the advice we finally received at the 11th hour). She really felt uncomfortable doing this as she said that it was obvious that the atmosphere was beginning to become a little more tense with each refusal to answer questions which related to anything prior to the 24th February. However having said this they treated them both with respect, tried their hardest to make them feel comfortable, listened to and, took onboard their concerns.

They told us that none of the requests were unreasonable, and to be truthful they were apparently shocked that most of them weren‘t already in place e.g. breaks, tip and fill team. My wife then brought up the issue about the team now only existing of our son. She was told that this was normal practice. My wife then (after it was suggested by MrSnuggles on here, that maybe we should talk about the H&S aspects of being in a warehouse alone, instead of approaching it as though he needed a babysitter), my wife did bring up scenarios in which our son would be at risk if something was to fall on top of him. She was told by the store manager that would be impossible as in their warehouse there were so many exits that people were always passing through, so that risk wasn’t there. When our son explained that the warehouse he works in is situated right at the back of the store and that there is no need for people to come through, this issue wasn’t addressed any further in the meeting.

Following the meeting my wife and son were invited to look around the warehouse in the store the meeting took place. During this my son pointed out all the differences to the Store manager, including the size difference and amount of exit. They were then told that he would address this, along with everything else that had been discussed in the meeting, with our sons store manager and he would let them know at their next meeting this Saturday which had been agreed to in the meeting.

My son attended an appointment with the Dr today to pick up a prescription and she asked how things were going. He told her and, my wife also mentioned, that they had attended a returns to work meeting yesterday. The Dr said that taking our sons current health into account she didn’t think that he should have gone, and she’s advised them that in our sons interest, she feels that the meeting planned for Saturday shouldn’t go ahead until he was well enough to attend. All we are trying to do is to work with the company so that our son can go back to work and to avoid a repeat of any of the incidences that have led him to where he is now. I now have my 3rd question, what do we do? Do they attend the meeting on Saturday against medical advice ? All we wanted to do was to try and sort this out before the 10th of April (hence the reason 2nd meeting was arranged for over the Easter weekend, even though we have visitors), because that is when his current sick note runs out. And I can’t see anything positive (as long as things are sorted out at work), in continuing to delay him getting back to work. We’re not too sure what advice to follow …

I just want to say thank you to MrSnuggles for the suggestion he made regarding H&S, as if my wife hadn’t mentioned that, she said they wouldn’t have listened to them regarding that issue. I snapped back at you and I apologise for doing so, I guess the stress of my sons situation is just getting to me a tad.

Sorry for yet another long post.

Chr1s

Hi CFC and thank you for your comment. In regards to your first suggestions regarding reasonable adjustments that could be suggested, I hope that my previous post answers those. I hope you can see that my son, or we as his parents, are not being unreasonable, or at least we’re trying not to be.

Regarding the false allegations made against my son we now have two witness statement for one of the incidences, and three witness statements for the other. The two witness statements that were given by the PM and her witness don’t even agree. In addition to this there is CCTV which was in operation within the areas the alleged incidences took place, which will dispute some of the facts that the PM mentioned in her statement. You’re correct I wasn’t there so I don’t know, but the people who have provided the witness statements and the CCTV footage (although we have not seen these and repeated requests have been denied to view them), do back up what my son said during the investigation meeting, which took place within 5 days of the alleged incidences taking place. I know you’re not being horrible, and although some things may come across as a bit sharp, I know this has to be looked at from all angles. As I have learnt it’s some of the comments I find offensive that have actually proved to be very helpful.

Chr1s

Hi again CFC regarding this comment "OH clearly believes that your son is likely to show inappropriate behaviour in the workplace if he gets upset, and that if it continues it can eventually be cause for dismissal."

OH only believe this because this is what the PM told him AFTER our son had opened up a grievance against her and, had notified head office about a number of ongoing issues. The false allegations against my son were also made against my son AFTER he told her he was going to take a grievance out against her and go to head office. Before this there were no situations that my son was involved in since his relocation to the warehouse in 2009, after his problems were made known. There is no evidence to back up the statement made by the PM, but in order to get access to my sons medical reports (which my son didn't mind), she fabricated he'd been having ongoing problems.

nightingalesgarden

Chris,

If the diary format helps you - please keep posting.

as I, and others have stated you need to contact Access to Work

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/WorkSchemesAndProgrammes/DG_4000347

Googlewhacker

You, your wife and your son will know whether he is capable to go to the meeting. You have been given the advice of the doctor but it is only that.

If he was ok in this meeting then I would go but thats just my view.

Good to see they are taking it serious and it sounds like progress is being made.

nightingalesgarden

Chris,

I’m really pleased that your family got a chance to both air the issues and also actually view the work environment (just to note they don’t have to allow you or your wife to attend formal meetings by law – great that they are encouraging it)

As I previously posted an A2W specialist should do the same – please contact them.

I am a little concerned about your legal advice – this is my just view and not a legal position – I am not a Solicitor/Barrister.
As ever – I will try and use plain English rather than legalise….I would welcome other views….

An ET application is a protected act – so you cannot be discriminated for taking this action – so you are right that your wife/son shouldn’t be forced to discuss this/should be taken into account in any way by an organisation.

But let’s not get carried away here - the law also says that that processes should be followed and would look to see that both parties have made appropriate effort in resolving the situation.
If the company is reaching out to try and resolve the issues previously raised – and you are refusing to discuss trying to reach a resolution then I would question how this would be seen by the courts.

Just because you have drawn a line in the sand because of the ET doesn't mean that you shouldn’t continue with grievance procedures/resolution. Are you really at a point of no return with the ET or is there areas that between both parties that could be resolved?

Chr1s

Hi Googlewhacker, Unfortunately my wife can’t attend as we have the grandchildren over, one is ill, so she doesn’t want to leave him. However we have decided to go ahead with the meeting today at 9a.m. as arranged. I will be attending with my son. I’m really nervous as I have NEVER attended one of these meetings before, I don’t know as much as my son and wife and, I tend to speak before I think. I just hope I don’t muck it up for my son and that I provide him with the level of confidence and support that my wife does. I’d really like to cancel it because I’m not confident it’ll go well without her, but she says I’ll be fine and the quicker it’s done the sooner we can reach a resolution and the quicker our son can put this behind him. So I guess I’m going …