Suspended During Grievance

kelly_borntoshop

Hi, I am wondering if you smart cookies can offer me advice.

I have been employed by employer for 15 months. During this time my job role has expanded into 3 main areas and the demand tripled. I am struggling to do the administration i was originally hired to do for the comany, the marketing and the graphic design. I feel that the quality of my work has been suffering due to a lack of time and resources. I am the only assistant to 4 managers/directors and recently due to a blip by my boss in our new premises there is no broadband and poor infrastructure.

This was raised to my CD and she ignored it.

Last Thursday my child minder called and said the school informed her on collecting her that she was ill. I immediately informed my boss to which she asked me to take holiday. There is another manager at the company with young children who does not have to. This was the final straw that broke the camels back. This boss who told me to take holiday is the highest where i work. I have been told that I am not to talk to another boss about anything relating to the office. There is no grievance proceedure, discipline procedure, written terms of employment particulars or job specs.

The Friday i called another Director and said I wasnt going back and my reasons why. He said he had no idea and asked how i left it, i said i really didnt feel like going back.

Then i looked into my rights. I went to work on Monday and was told to go home and wait for a phone call and the trust was gone. Later phone call from other boss saying he has my verbal resignation and that he feels that this cannot be fixed, my job will go back to admin assistant there will be no more paid time off for children (to which i have had until now). My wage is classed as sufficient, there will be no other member of staff.

Rang Acas and they said to out a grievance letter in now with a settlement figure or i will take them to court on grounds of discrimination. They advised i go to work the next day and ask why i am being sent home. They could not give me reason. I was asked if i wanted to take my things and ushered out.

Manager comes to my door asking if we can have an in-formal/formal meeting to discuss. he says that they can have who they want and i can have who i want - i say no, i can have a trade union or colleague (to which there are none) and you cannot. he said ok, arranged a date - i asked for it in writting.

I have now had a letter for a grievance hearing - they list Breach of Contract, Duty of Care, Trust and Confidence but not list the Discrimination.

I have no colleagues to take and its too short notice for an official. I can request someone else but they do not have to accept.

I always got on like a house on fire with the manager who is holding the meeting, i feel awful that it has come to this. I dont know whether to speak to him prior off the record and get things clear - they are mortified with the thought of the law and havent a clue about procedure.

This is the first time i have found myself in a situation like this - any advice anyone?

Thank you

Kelly

Uncertain

kelly_borntoshop wrote: »

Manager comes to my door asking if we can have an in-formal/formal meeting to discuss. he says that they can have who they want and i can have who i want - i say no, i can have a trade union or colleague (to which there are none) and you cannot. he said ok, arranged a date - i asked for it in writting.

I have now had a letter for a grievance hearing - they list Breach of Contract, Duty of Care, Trust and Confidence but not list the Discrimination.

I have no colleagues to take and its too short notice for an official. I can request someone else but they do not have to accept.

You are not quite right I'm afraid.

The firm can have who they like there (including their solicitor if they wish).

Your right is limited to a colleague or trade union rep. The firm may allow more but don't have to.

However, it is reasonable to ask for a postponement so that a trade union rep can be present. The employer would be on shaky ground refusing this unless the time period was excessive.

Be very very careful relying on the advice from ACAS call centre. At higher levels they are good but the call centre is just that. Minimally trained people reading from a script. This, and other, forums are riddled with stories of poor / wrong advice I'm afraid.

You really need some professional advice, ideally on a one to one basis.

Hopefully LazyDaisy (a retired employment solicitor) will see this thread and comment.

kelly_borntoshop

ah ok, yes i've mostly been going off acas - they said no legal representatives could be present?
Does that mean i can take a legal?
and i am guessing my thoughts of a chat with the manager are not advised lol.

Uncertain

kelly_borntoshop wrote: »

Does that mean i can take a legal?

No, sadly not.

They can but you can't I'm afraid. There are a very few exceptions but they don't apply here.

kelly_borntoshop

i have been onto my solicitor twice now, there are grounds if i resign and if i am sacked however i dont know whether trying to sort this out might be the best option? saying that they were trying to push me out up until i raised the grievance.

Uncertain

You have a legal right to short periods of unpaid leave to deal with family emergencies. Generally this is taken to mean time to arrange childcare, not to do it yourself. Providing you get this minimum from the firm that is all that is required. The fact that they may treat another member of staff better is not unlawful..

Claiming constructive dismissal (i.e you resign) is very difficult. Less than 3% of cases succeed.

One other point, in law suspension is a neutral act so as long as they are paying you that is not wrong either I'm afraid.

Pricivius

I'm confused - when you called the Director in Ireland, did you resign or didn't you? It sounds like you did, but now you seem to be saying you didn't?

And the call back from the Director seems to be suggesting he offered you your old job back? So he accepts your resignation from the excessive job but offered you the basic admin job back? Is that what happened?


And I'm not understanding the grievance either - what is your grievance? You say they listed breach of contract etc... is that your grievance or is that what they are accusing you of? If so, that's a disciplinary not a grievance!


As for the technicalities, you are entitled to request a colleague or union rep accompanies you. You can ask for your mum or the attorney general but the employer does not have to allow it. Your employer can have whoever with them. If your union rep cannot attend, you must suggest an alternative date within 5 days of the date currently proposed when you can both attend.


Maybe we can help further if we can straighten out what has actually happened...

kelly_borntoshop

oh an acas also advised me to put in the grievance letter - please provide me with a written statement of particulars which is a legal right.

kelly_borntoshop

sorry this is so messy.

i felt like i was being pushed out. they were denying details and saying the trust was not repairable. saying my post would go back to original and nomore paid time off for children - acas advised me to put the offer in.

Uncertain

kelly_borntoshop wrote: »

oh an acas also advised me to put in the grievance letter - please provide me with a written statement of particulars which is a legal right.

It is a legal right but an almost unenforceable one.

If you take them to a tribunal for some other valid reason you can add this failing to your claim and you MAY get compensation of a few weeks pay.

However, it is no longer automatic and you can no longer make this claim on its own.

I can't really see where asking for it now in a grievance gets you. If they produce something it may well contain terms you don't like.

Uncertain

I would try to get some written (or recorded) confirmation that they do not consider you to have resigned. Don't ask directly but carefully preserve any evidence that suggests you have not.