Employer caused injuries, didn't pay minimum wage, discrimination etc.

elsien

To be fair, they are valid questions that have been asked. And that will also be asked if you try and take your concerns further. 

LightFlare

whilst i dont always agree with EnPointe - i am struggling to see how the reply could be regraded as “rude”

To the point - yes. But the internet is like that

I actually agree with the response. 

We have to take any emotion out of it because that’s how issues get inflated and information/advice becomes useless

elsien

You are too late to make a claim for any unpaid work, because that has to be done within three months.
With regards to any possible additional work related injuries, that is likely to be a no win no fee solicitor. They will only take it on if they think you have a good prospect of winning. If you go down that route read everything very carefully because if you find it too stressful and you withdraw partway through the process they can invoice you for the work they have done so far.

In terms of not getting promotion, I think you would struggle to find proof. An 11 hour a week worker who is off work because they’re not coping is not ideal promotion material. 
And again, to take it to an employment tribunal, you are well out of time. 

Undervalued

samantham06 said:

EnPointe said:

" legally  we should have  had 5-7  members of staff on "   what legislation would this be ? 

a lot of  organisations have a policy of having  a minimum  of 3 members of staff on duty  as to not need lone working  policies  etc.

as someone who has been an accredited Trades Union rep inan industrial setting,  and has worked in a variety  of other settings including  healthcare and   catering / restaurants   it seems thatr your 'case'   is muddled confused,  and  has aspects   which  any one who actually knows the law could  drive  a coach and horses through 

 the immediate  answer to your injuries  is ' if you  were not triained why did you undertake this task' - were you  instructed to do so by a  team leader or Manager  ? and did you  report  this breach at the time 

unsure where the disability discrimination aspect comes from  based on what you have written, also  did you  disclose this disability   when you applied and did you  request an Occupational health referral ? 

 

You are incredibly rude. 

Sorry Sam but I don't find EnPointe's reply rude.

It may not be what you want to hear but that doesn't make it wrong. It seems to me to be an accurate assessment of the situation.

If you choose to pursue this claim you will have to deal with far worse than this. Firstly from any lawyer you instruct, as they will need to robustly  test you account of the work situation to assess the prospects of any successful claim. Then, if the claim proceeds, the hostility really starts from the employer's lawyers defending the claim.

Think very carefully if it is in your best overall interests to pursue this.

samantham06

EnPointe said:

" legally  we should have  had 5-7  members of staff on "   what legislation would this be ? 

a lot of  organisations have a policy of having  a minimum  of 3 members of staff on duty  as to not need lone working  policies  etc.

as someone who has been an accredited Trades Union rep inan industrial setting,  and has worked in a variety  of other settings including  healthcare and   catering / restaurants   it seems thatr your 'case'   is muddled confused,  and  has aspects   which  any one who actually knows the law could  drive  a coach and horses through 

 the immediate  answer to your injuries  is ' if you  were not triained why did you undertake this task' - were you  instructed to do so by a  team leader or Manager  ? and did you  report  this breach at the time 

unsure where the disability discrimination aspect comes from  based on what you have written, also  did you  disclose this disability   when you applied and did you  request an Occupational health referral ? 

 

The stores policies said we should have had minimum 5 staff, but we were forced to open with less because they consistently cut hours and increases our workload - whenever they liked. It was a huge store where at times we would have queues going down the road for drive thru and out the door for cafe, whilst 3 poor members of staff were worked to the bone and had bullying managers on the phone telling us to hurry up 

Not sure if you saw my comment saying I have autism? But that means it's hard to express things sometimes. None of it is muddled, it's the truth about that place. Please consider how you respond as that was very upsetting. 

I've been sent their policies- they broke them. One of their policies states employees who disclose a disability should have assessments carried out and accomodations made - if they are reasonable. I'd never seen these forms or heard this and certainly not been offered it.
Yes- I disclosed them on my employee record. No I didn't request OH help, because I didn't know it existed! It was their responsibility as an employer to notify me of this and actually offer me it - they didn't. I only found out after I pushed the first injury claim through and was sent all the policies I'd never seen. I was absolutely devastated because if they had of done this simple thing I wouldn't have ended up so Ill and burnt out. 


 "the immediate answer to your injuries is ' if you were not triained why did you undertake this task' - were you instructed to do so by a team leader or Manager ? and did you report this breach at the time"
Because I had to, because we weren't given a choice, we were told to do xyz and it we didn't we were shamed, bullied on the work chat and threatened we would lose shifts. An example is me asking over and over for training and being told we are too busy. Or asking for PPI and it never appeared. I reported one incident to the regional manager - they promised to fix it- they never did a thing. I learnt then this was just something I had to put up with. 
I had no access to anyone else to report it to, HR didn't exist, there were no policies available to even know how to take it higher. And frankly it was such a culture of bullying and harassment we all just had to work in dire conditions and if we dared raise it or had an issue - we lost shifts. When you're only working 11 hours you need every penny you can get and I'd often have to ignore things so I didn't then have to fear I'd not be able to afford my bills that month. 

The discrimination also occured via being promised a promotion, being educated enough and experienced enough to have one. But then after being injured at work and burning out, being signed off for 2 weeks due to stress. And going back to see new employees had been taken on, with no experience or qualifications and put up to team leader whilst I was told - we don't think your fit for it.. because their actions had made me need some time off. It absolutely broke my heart and I struggled for such a long time after in being able to trust my capabilities as I had experienced direct discrimination. 
Also discrimination in the sense I disclosed disablities but was never informed accommodation could / should have been made for me. 

Again, please consider how you word things. 

samantham06

elsien said:

To be fair, they are valid questions that have been asked. And that will also be asked if you try and take your concerns further. 

That's fine, everything I've said is the truth. And there is far more.
Maggots crawling around I was told I can't tell anyone about. Group chats set up where they took photos of a poor manager and bullied her appearance.
Shouting and screaming rows between staff. Just all sorts. 

samantham06

elsien said:

You are too late to make a claim for any unpaid work, because that has to be done within three months.
With regards to any possible additional work related injuries, that is likely to be a no win no fee solicitor. They will only take it on if they think you have a good prospect of winning. If you go down that route read everything very carefully because if you find it too stressful and you withdraw partway through the process they can invoice you for the work they have done so far.

In terms of not getting promotion, I think you would struggle to find proof. An 11 hour a week worker who is off work because they’re not coping is not ideal promotion material. 
And again, to take it to an employment tribunal, you are well out of time. 

Such a shame about the tribunal, I didn't even know these existed  

In terms of not getting promotion, I think you would struggle to find proof. An 11 hour a week worker who is off work because they’re not coping is not ideal promotion material. 

I disagree and again, that's quite hurtful. I was an exceptional  worker, my hours per week were due to disability as I cannot manage more. Part time workers who are capable of promotion have as much right to be promoted as full time. I worked tirelessly and my feedback from customers was exceptional. I was coping, but needed time off after their actions caused me injury- an avoidable injury. I took two weeks off because I was devastated and under immense stress. That stress was purely caused by them. That doesn't mean I "can't cope" it means they failed every staff member there. 

samantham06

Undervalued said:

samantham06 said:

EnPointe said:

" legally  we should have  had 5-7  members of staff on "   what legislation would this be ? 

a lot of  organisations have a policy of having  a minimum  of 3 members of staff on duty  as to not need lone working  policies  etc.

as someone who has been an accredited Trades Union rep inan industrial setting,  and has worked in a variety  of other settings including  healthcare and   catering / restaurants   it seems thatr your 'case'   is muddled confused,  and  has aspects   which  any one who actually knows the law could  drive  a coach and horses through 

 the immediate  answer to your injuries  is ' if you  were not triained why did you undertake this task' - were you  instructed to do so by a  team leader or Manager  ? and did you  report  this breach at the time 

unsure where the disability discrimination aspect comes from  based on what you have written, also  did you  disclose this disability   when you applied and did you  request an Occupational health referral ? 

 

You are incredibly rude. 

Sorry Sam but I don't find EnPointe's reply rude.

It may not be what you want to hear but that doesn't make it wrong. It seems to me to be an accurate assessment of the situation.

If you choose to pursue this claim you will have to deal with far worse than this. Firstly from any lawyer you instruct, as they will need to robustly  test you account of the work situation to assess the prospects of any successful claim. Then, if the claim proceeds, the hostility really starts from the employer's lawyers defending the claim.

Think very carefully if it is in your best overall interests to pursue this.

So in a nutshell if I want to not become ill again because of them, I have to let them get away with it all. I see what you're saying, but it's just so wrong.

The company makes millions per year. They could easily have invested in staff, or at the very minimum adhered to basic policies, but they were more interested in treating us like dirt and putting us in unsafe conditions, whilst they made more money. 
It honestly makes me sick. 

I've now gone into a job where they treat me exceptionally and from being here, with adequate training, more accomodations than I ever knew existed- made me realise how badly I was treated there and how wrong it all was. 

Undervalued

samantham06 said:

Undervalued said:

samantham06 said:

EnPointe said:

" legally  we should have  had 5-7  members of staff on "   what legislation would this be ? 

a lot of  organisations have a policy of having  a minimum  of 3 members of staff on duty  as to not need lone working  policies  etc.

as someone who has been an accredited Trades Union rep inan industrial setting,  and has worked in a variety  of other settings including  healthcare and   catering / restaurants   it seems thatr your 'case'   is muddled confused,  and  has aspects   which  any one who actually knows the law could  drive  a coach and horses through 

 the immediate  answer to your injuries  is ' if you  were not triained why did you undertake this task' - were you  instructed to do so by a  team leader or Manager  ? and did you  report  this breach at the time 

unsure where the disability discrimination aspect comes from  based on what you have written, also  did you  disclose this disability   when you applied and did you  request an Occupational health referral ? 

 

You are incredibly rude. 

Sorry Sam but I don't find EnPointe's reply rude.

It may not be what you want to hear but that doesn't make it wrong. It seems to me to be an accurate assessment of the situation.

If you choose to pursue this claim you will have to deal with far worse than this. Firstly from any lawyer you instruct, as they will need to robustly  test you account of the work situation to assess the prospects of any successful claim. Then, if the claim proceeds, the hostility really starts from the employer's lawyers defending the claim.

Think very carefully if it is in your best overall interests to pursue this.

So in a nutshell if I want to not become ill again because of them, I have to let them get away with it all. I see what you're saying, but it's just so wrong.

The company makes millions per year. They could easily have invested in staff, or at the very minimum adhered to basic policies, but they were more interested in treating us like dirt and putting us in unsafe conditions, whilst they made more money. 
It honestly makes me sick. 

I've now gone into a job where they treat me exceptionally and from being here, with adequate training, more accomodations than I ever knew existed- made me realise how badly I was treated there and how wrong it all was. 

Sadly yes, to be honest.

The civil courts and tribunals function is to compensate you financially if you have lost out as a result of unlawful behaviour. That is all. It is not their function to "punish" the employer.

If the employer has behaved illegally (i.e contrary to the criminal law) then you can report that to the appropriate authorities who may (or may not) decide to prosecute them for a criminal offence. Illegal and unlawful are two different things. Realistically all such bodies receive far more complaints that they have the capacity to investigate and prosecute so, just like the police with minor crimes, they have to prioritise their resources. That I think you have already found out regarding the alleged GDPR breach.

Sorry but that is how it is.

Marcon

samantham06 said:

Undervalued said:

samantham06 said:

EnPointe said:

" legally  we should have  had 5-7  members of staff on "   what legislation would this be ? 

a lot of  organisations have a policy of having  a minimum  of 3 members of staff on duty  as to not need lone working  policies  etc.

as someone who has been an accredited Trades Union rep inan industrial setting,  and has worked in a variety  of other settings including  healthcare and   catering / restaurants   it seems thatr your 'case'   is muddled confused,  and  has aspects   which  any one who actually knows the law could  drive  a coach and horses through 

 the immediate  answer to your injuries  is ' if you  were not triained why did you undertake this task' - were you  instructed to do so by a  team leader or Manager  ? and did you  report  this breach at the time 

unsure where the disability discrimination aspect comes from  based on what you have written, also  did you  disclose this disability   when you applied and did you  request an Occupational health referral ? 

 

You are incredibly rude. 

Sorry Sam but I don't find EnPointe's reply rude.

It may not be what you want to hear but that doesn't make it wrong. It seems to me to be an accurate assessment of the situation.

If you choose to pursue this claim you will have to deal with far worse than this. Firstly from any lawyer you instruct, as they will need to robustly  test you account of the work situation to assess the prospects of any successful claim. Then, if the claim proceeds, the hostility really starts from the employer's lawyers defending the claim.

Think very carefully if it is in your best overall interests to pursue this.

So in a nutshell if I want to not become ill again because of them, I have to let them get away with it all. I see what you're saying, but it's just so wrong.

The company makes millions per year. They could easily have invested in staff, or at the very minimum adhered to basic policies, but they were more interested in treating us like dirt and putting us in unsafe conditions, whilst they made more money. 
It honestly makes me sick. 

I've now gone into a job where they treat me exceptionally and from being here, with adequate training, more accomodations than I ever knew existed- made me realise how badly I was treated there and how wrong it all was. 

You've got two choices:

1. you now seem to have a great job where you are valued, and treated decently and courteously. Make the most of it and accept that the past is past and you can't change it (yes, I know that is vastly easier to say than do)
2. decide you want to go to war with a previous employer, with all the stress and cost that will entail, with no guarantee of success. You might also find it rocks the boat with your current employer.

Life isn't fair and it's often particularly unfair for those with differences or disabilities - but if you opt for the second of those options, can you really cope with what will prove to a long drawn out battle? If you thought EnPointe's answer was rude (it wasn't - it was straight talking and not what you wanted to hear), you'll hear far worse when the employer gets it legal team cracking on their defence.