Dismissal & grievance

Ath_Wat

Disco88 said:

Ath wat
yes PPE was supposed to be given .. I asked several times because I was being turned away from the job sites by supervisors. 

I was told to stop bugging & sending emails asking and that they was on order 

the way I’ve read about laws I cannot understand how the company think they can get away with it. 

So did you then ask, clearly, "As I have no PPE and you know I have none, should I turn up for work?"

If they had told you they had none to give you and it was on order, what was your understanding of what they expected you to do in the meantime?

Disco88

I had overalls from training which didn’t fit properly to protect from the sparks they didn’t zip up  & I could hardly bend in them. 

I kept telling him this but he wasn’t interested I think he was just expecting me to not turn up so had reason to dismiss, but I did turn up and then the supervisors on site every time logged I’d turned for shifts but hadn’t the correct ppe so couldn’t allow me on. They agreed I was doing the right thing. I was doing this at 2am every morning until the final day I said I was putting a grievance in because I was getting nowhere then two days after I got my dismissal. 

Ath_Wat

Disco88 said:

I had overalls from training which didn’t fit properly to protect from the sparks they didn’t zip up  & I could hardly bend in them. 

I kept telling him this but he wasn’t interested I think he was just expecting me to not turn up so had reason to dismiss, but I did turn up and then the supervisors on site every time logged I’d turned for shifts but hadn’t the correct ppe so couldn’t allow me on. They agreed I was doing the right thing. I was doing this at 2am every morning until the final day I said I was putting a grievance in because I was getting nowhere then two days after I got my dismissal. 

Who on earth is "he"?  

Why would a company have gone to the trouble of hiring you, then straight away not giving you PPE in order to dismiss you (not that they need a reason)?

comeandgo

Are you a larger size than the largest overalls they had?  We’re they maybe waiting for an order to come in?

74jax

It's very hard to follow, but is this right :
You started a new job and attended training. 
During training you found out everyone was on different salaries. 
During training your manager bullied you. 
During training the company gave you PPE which didn't fit.

After training you were paid, but it was wrong. 
Payroll said this was down to your manager not signing off the training. 

You attended site with PPE that didn't fit. 
Site supervisor turned you away. 
Head office said they had ordered your uniform and were awaiting it to be delivered. 
You resigned. 

Is this right? 

In which case :
What was the reasoning for your manager not signing off your training?
Is it signed off now and a back payment will be made? 
What did your manager say for you to do when you said your PPE hadn't arrived?
What are you wanting to happen? 

If it's too 'get back at the manager' in all honesty, no one would care. 

Disco88

Ath_wath
HE.. manager 
you tell me why would they that., from the off he was remarking about my past ( ex offender) I can take banter but was more than that. 

Comeandgo
Im very tall and xxl. But should have overalls ( special fireproof ) for the sort of job 

74 Jax
yes new job did training 
no they was only me & another who was new and did training. We was both same level & hours etc. but he was paid way over what I got. I wasn’t paid training hours. The manager didn’t sign mine off to the wages and then said the other lad was paid it because he was struggling, he kept saying you’ll get it next week bla bla but I never did. 

The manager didn’t do training 
we had to go to a training site & classroom. We was given overalls there & diff coloured hard hats so people knew we were trainees & not to do certain stuff. 

Yes after training we started with shifts & I still hadn’t got my PPE, I put this in email and verbally to the manager. He just said it was in order I said how can I work without it & he would say your only a blue hat you won’t be going nowhere near stuff. 

Just go your just lazy you don’t want ti work making excuses & much worse I can put what. 

So after the first night shift & a supervisor spoke to me I told him all above and he said he’s a xxxxxx just go home & phone again in the morning ti manager and tell him you need proper ppe ( full set boots etc) 
& im signing you’ve turned up for work so you’ll get paid for this shift. 

This kept on happening until as you know I waited until morning and drove to offices & told him I can’t keep getting up driving hours to sites ti be turned away and why no Ppe.. he said F O home you lazy xxxx your causing me all sorts of problems & your contract isn’t worth paper it’s written on. 

I spoke to HR and it was a women there who actually told me it I should put the grievance in because ppe was essential. 

And ti get my wages sorted. 

What I want to happen is To get paid correctly 
to know why he didn’t supply PPE  

there’s a lot more with things he’s said but it’s proving it. 

I have emails & texts from him 
and my phone records all my calls 
& yes I have said my phone calls all record 
so the he woman and the manager know. 

simongregson

It's up to you if you want to put in a grievance - whether it is successful depends on if your manager has gone freelance and whoever hears the grievance thinks that they have not acted in accordance with the company's policies. Be aware that it is unusual for employees to be reinstated as a result of this.

If you do have ASD then this is a protected characteristic. You seem quite aware of your condition, was your employer aware during the training of this? If you are a member of a union then contact them and ask for advice. It's difficult to know from the information here but it could be the case that your manager realised that you may require adjustments in the workplace and decided that they wanted to get rid of you as a result of this. If you are not a union member then you could see if you can get advice from a charity such as the National Autistic Society. If the reason you have been dismissed is due to a disability there is no 2 year qualifying period.

If the employer can see that you have a good case for unfair dismissal then they would probably make an offer to you to drop the claim, but nobody here can advise you on if this is the case without much more detail and looking at the evidence. Equally if you don't have support from a union/other external help to look at the evidence of the case it will be difficult to make an objective decision yourself about your chances of success.

Unfortunately dealing with workplace issues is a time consuming and stressful process for you - deliberately made so by successive tory governments, so you will want to consider if it is easier to just move on, particularly if you think you have good prospects of finding another job fairly quickly.

Disco88

Thank you for replying. I am now in another employment. I will see what happens. I’m still waiting for a date for the meeting. 

isplumm

Getting hold of PPE at the moment is a real struggle - especially for people who are not the normal size - been a real struggle for the company I work for - what I don't understand is why you kept turning up at sites knowing you didn't have the right PPE? Did you ask your manager what you should do until your PPE equipment arrived?

Often in these kind of jobs you only get paid for training once you actually start doing the job real - what did you contract say?

Mark