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  • FIRST POST
    • Elinore
    • By Elinore 14th Sep 18, 1:45 PM
    • 161Posts
    • 491Thanks
    Elinore
    Suspended – what to do?
    • #1
    • 14th Sep 18, 1:45 PM
    Suspended – what to do? 14th Sep 18 at 1:45 PM
    its a bit long - but I wasn't sure what was relevant so I included everything


    I am employed by ‘huge multinational – employer’ who as part of a partnership in a multimillion pound deal took on several lucrative contracts in conjunction with ‘multinational – product supplier’ several years ago.

    I was recruited during this acquisition to work exclusively servicing a contract to ‘product supplier’ but am paid and work in the building of ‘employer’ as a team of one. My contract is not profitable as it’s a legacy contract, but it is a requirement of the larger much more lucrative deal that the role is staffed and maintained. I have worked this way to the satisfaction of both the employer and the supplier for several years.

    The employer has a single licence to access ‘product supplier’ systems as they are militantly security conscious. This is allocated specifically to me and I had to sign for it as for my sole use -as I have access to privileged data.


    They also set my leave; I go to their team meetings and get invited by the product suppliers to their Christmas and summer work dos. They feedback to the’ employer’ on my performance (which has always been noted as excellent) and they generally are great and treat me as part of the team, just based off site.

    I returned after two weeks AL to find there has been a reshuffle and I now have a different manager at ‘employer’. Manager has cancelled all the blocked out Thursdays on the leave/meetings system (my set days at Supplier site) and changed my hours to that of the main unit. He’s also assigned me some admin tasks and cancelled the AL blocked out for Christmas as it’s the company policy not to have leave over the festive period (Product supplier closes over Christmas)

    I had introduction meeting on my return where the manager was livid when he discovered that my employment contract is exclusively for working on this contract and for the supplier alone. It says I can’t do outside tasks, my hours and leave are set by the ‘product supplier’ not by the employer. All very clearly laid out in my terms of employment. He seemed to take it rather personally and in frank terms had himself a bit of a temper tantrum (honestly, its the most accurate way to describe it!)


    So I have kept my head down this week - I thought it would all blow over once he had spoken to my old manager, confirmed the details and it would just boil down to him being disappointed that I wasn't as expected - the shiny new staff member who would lighten their load by one.

    This is where I need advice.

    In a further meeting today the new manager told me he didn’t want me on his headcount if I was basically not working for him. I was a resource drain and he had all this admin stuff to do for essentially a penny ante BS legacy role. (The role may be legacy but its necessary, busy and a full time job)

    He wanted me to sideline my supplier tasks and pick up the admin tasks anyway and also wants me to hand over the login to the product suppliers system, expressly against the supplier’s policy. Essentially he wants to hand tasks out to the wider team. Without asking permission to do so.

    He wants me to work outside the hour’s noted in both my terms and the contract terms to the detriment of the supplier. He has refused to put any of this in writing or allow me to do so - categorically banned me from discussing any of this with the supplier or anyone one else in the business. When I stated I would need to take advice on this he immediately suspended me for refusing ‘a reasonable request’ and asked me to leave.

    I calmly left but I am very concerned. Where do I go from here?
    Last edited by Elinore; 14-09-2018 at 1:52 PM.
Page 1
    • Comms69
    • By Comms69 14th Sep 18, 1:54 PM
    • 5,556 Posts
    • 5,653 Thanks
    Comms69
    • #2
    • 14th Sep 18, 1:54 PM
    • #2
    • 14th Sep 18, 1:54 PM
    its a bit long - but I wasn't sure what was relevant so I included everything


    I am employed by ‘huge multinational – employer’ who as part of a partnership in a multimillion pound deal took on several lucrative contracts in conjunction with ‘multinational – product supplier’ several years ago.

    I was recruited during this acquisition to work exclusively servicing a contract to ‘product supplier’ but am paid and work in the building of ‘employer’ as a team of one. My contract is not profitable as it’s a legacy contract, but it is a requirement of the larger much more lucrative deal that the role is staffed and maintained. I have worked this way to the satisfaction of both the employer and the supplier for several years. - So more than 2?

    The employer has a single licence to access ‘product supplier’ systems as they are militantly security conscious. This is allocated specifically to me and I had to sign for it as for my sole use -as I have access to privileged data.


    They also set my leave; - legal, imagine it's your employer doing it I go to their team meetings and get invited by the product suppliers to their Christmas and summer work dos. They feedback to the’ employer’ on my performance (which has always been noted as excellent) and they generally are great and treat me as part of the team, just based off site.

    I returned after two weeks AL to find there has been a reshuffle and I now have a different manager at ‘employer’. Manager has cancelled all the blocked out Thursdays on the leave/meetings system (my set days at Supplier site) and changed my hours to that of the main unit. - has he explained why? He’s also assigned me some admin tasks and cancelled the AL blocked out for Christmas as it’s the company policy not to have leave over the festive period (Product supplier closes over Christmas) - legally fair

    I had introduction meeting on my return where the manager was livid when he discovered that my employment contract is exclusively for working on this contract and for the supplier alone. - why? It says I can’t do outside tasks, my hours and leave are set by the ‘product supplier’ not by the employer. All very clearly laid out in my terms of employment. He seemed to take it rather personally and in frank terms had himself a bit of a temper tantrum (honestly, its the most accurate way to describe it!) - Have you discussed this?

    This is where I need advice.

    In a further meeting today the new manager told me he didn’t want me on his headcount if I was basically not working for him. I was a resource drain and he had all this admin stuff to do for essentially a penny ante BS legacy role. (The role may be legacy but its necessary, busy and a full time job) - I can kind of see his point. Your expenses and wages will be comnig out of his budget.

    He wanted me to sideline my supplier tasks and pick up the admin tasks anyway and also wants me to hand over the login to the product suppliers system, expressly against the supplier’s policy. Essentially he wants to hand tasks out to the wider team. Without asking permission to do so. - Well if there is a valid reason not to do this, you should raise it

    He wants me to work outside the hour’s noted in both my terms and the contract terms to the detriment of the supplier. He has refused to put any of this in writing - well then refuse? - categorically banned me from discussing any of this with the supplier or anyone one else in the business. When I stated I would need to take advice on this he immediately suspended me for refusing ‘a reasonable request’ and asked me to leave. - in writing?

    I calmly left but I am very concerned. Where do I go from here?
    Originally posted by Elinore


    I would suggest on this occasion contacting HR and asking to raise a grievance
    • sangie595
    • By sangie595 14th Sep 18, 2:05 PM
    • 5,653 Posts
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    sangie595
    • #3
    • 14th Sep 18, 2:05 PM
    • #3
    • 14th Sep 18, 2:05 PM
    I would suggest on this occasion contacting HR and asking to raise a grievance
    Originally posted by Comms69
    I would agree. To be fair, I can see his point of view of his budget is expected to pay for something that he gets no benefit from. But that is a matter for the business to resolve. Are you in a union?
    • CarolK
    • By CarolK 14th Sep 18, 2:13 PM
    • 23 Posts
    • 8 Thanks
    CarolK
    • #4
    • 14th Sep 18, 2:13 PM
    • #4
    • 14th Sep 18, 2:13 PM
    You have been asked to commit a GDPR breach



    Go straight to HR
    • Elinore
    • By Elinore 14th Sep 18, 2:28 PM
    • 161 Posts
    • 491 Thanks
    Elinore
    • #5
    • 14th Sep 18, 2:28 PM
    • #5
    • 14th Sep 18, 2:28 PM
    I was told specifically not to speak to HR. He will discuss the matter with them and then they would contact me.


    Would it be worth dropping the a line even though he expressly said I was not to - he seemed to suggest this would be further evidence of 'refusing a reasonable request'
    • Comms69
    • By Comms69 14th Sep 18, 2:33 PM
    • 5,556 Posts
    • 5,653 Thanks
    Comms69
    • #6
    • 14th Sep 18, 2:33 PM
    • #6
    • 14th Sep 18, 2:33 PM
    You have been asked to commit a GDPR breach



    Go straight to HR
    Originally posted by CarolK
    You literally don't know that.
    • Comms69
    • By Comms69 14th Sep 18, 2:35 PM
    • 5,556 Posts
    • 5,653 Thanks
    Comms69
    • #7
    • 14th Sep 18, 2:35 PM
    • #7
    • 14th Sep 18, 2:35 PM
    I was told specifically not to speak to HR. He will discuss the matter with them and then they would contact me.


    Would it be worth dropping the a line even though he expressly said I was not to - he seemed to suggest this would be further evidence of 'refusing a reasonable request'
    Originally posted by Elinore


    ok totally ignore what I (and Sangie) said.... Why exactly did you bother asking if you weren't interested in the answer?


    Everything seems to be 'said', I suspect nothing is written down. Personally I would be concerned about that.....
    • ohreally
    • By ohreally 14th Sep 18, 2:39 PM
    • 6,828 Posts
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    ohreally
    • #8
    • 14th Sep 18, 2:39 PM
    • #8
    • 14th Sep 18, 2:39 PM
    Since you've remained silent on the question of union membership I'd suggest contacting a recognised union and ask if you pay arrears would they consider advice: representation.
    Don’t be a can’t, be a can.
    • Cheeky_Monkey
    • By Cheeky_Monkey 14th Sep 18, 2:57 PM
    • 1,879 Posts
    • 4,111 Thanks
    Cheeky_Monkey
    • #9
    • 14th Sep 18, 2:57 PM
    • #9
    • 14th Sep 18, 2:57 PM
    Since you've remained silent on the question of union membership I'd suggest contacting a recognised union and ask if you pay arrears would they consider advice: representation.
    Originally posted by ohreally
    It doesn't work like that - otherwise everyone would do it.
    I used to be indecisive - now I'm not so sure
    • Cheeky_Monkey
    • By Cheeky_Monkey 14th Sep 18, 2:59 PM
    • 1,879 Posts
    • 4,111 Thanks
    Cheeky_Monkey
    OP - I presume you have reported the matter to your 'actual' employer (the supplier). What did they say about it?

    Edit: Sorry, I've just re-read your post and you appear to be employed and paid by the employer in whose building you work so ignore my question above!
    Last edited by Cheeky_Monkey; 14-09-2018 at 3:02 PM.
    I used to be indecisive - now I'm not so sure
    • TELLIT01
    • By TELLIT01 14th Sep 18, 3:01 PM
    • 5,563 Posts
    • 6,205 Thanks
    TELLIT01
    My suggestion would be to put in writing to your manager the gist of what you have posted here and explain, point by point, why you cannot do what he is asking without a change of contract and the written permission of HR.
    See how he reacts to that and then determine the next move.
    Whether he wants you on his head count is not your problem. Handing over information which the company you are doing work for has expressly forbidden most certainly would be.
    • ohreally
    • By ohreally 14th Sep 18, 3:09 PM
    • 6,828 Posts
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    ohreally
    It doesn't work like that - otherwise everyone would do it.
    Originally posted by Cheeky_Monkey
    I'll bow to your superior knowledge.

    For clarification I'm not referring to rule book benefits.
    • kazwookie
    • By kazwookie 14th Sep 18, 3:20 PM
    • 10,113 Posts
    • 125,374 Thanks
    kazwookie
    I was told specifically not to speak to HR. He will discuss the matter with them and then they would contact me.


    Would it be worth dropping the a line even though he expressly said I was not to - he seemed to suggest this would be further evidence of 'refusing a reasonable request'
    Originally posted by Elinore
    Personally I would still email them, and ask for a meeting, otherwise they only hear what the new manager has to say

    Get things in writing

    Who is your work contract with? I suggest you take the matter up with them.

    (I found it somewhat confusing over who you work for and who employs you)
    Sun, Sea
    Slinky is back on!
    • Comms69
    • By Comms69 14th Sep 18, 3:27 PM
    • 5,556 Posts
    • 5,653 Thanks
    Comms69
    Personally I would still email them, and ask for a meeting, otherwise they only hear what the new manager has to say

    Get things in writing

    Who is your work contract with? I suggest you take the matter up with them.

    (I found it somewhat confusing over who you work for and who employs you)
    Originally posted by kazwookie
    From my understanding the OP works for and is employed by company A, but her role is linked specifically to Company B, a single large supplier.


    The supplier will have a client log in (that's the bit she wasn't going to share) to access order history, track deliveries etc.


    As the work is linked in such a way the contract of employment was set up to coincide with the supplier working hours, etc.
    • nicechap
    • By nicechap 14th Sep 18, 3:52 PM
    • 1,441 Posts
    • 2,826 Thanks
    nicechap
    Another vote for raising a grievance and within it I'd make it explicit what he told you to do (share out log in against company's contract terms) and that he suspended you for seeking advice on the matter.

    He sounds like he's out of his depth and is a control freak, so hates that he has no say over what you are supposed to do.

    The 'budget' issue is a red herring - that's for him to sort out with his peers & boss, after all, he took on the role and should have known what he was taking on.
    “Never argue with an idiot. They will only bring you down to their level and beat you with experience.” - George Carlin
    • Comms69
    • By Comms69 14th Sep 18, 3:55 PM
    • 5,556 Posts
    • 5,653 Thanks
    Comms69
    Another vote for raising a grievance and within it I'd make it explicit what he told you to do (share out log in against company's contract terms) and that he suspended you for seeking advice on the matter.

    He sounds like he's out of his depth and is a control freak, so hates that he has no say over what you are supposed to do.

    The 'budget' issue is a red herring - that's for him to sort out with his peers & boss, after all, he took on the role and should have known what he was taking on.
    Originally posted by nicechap
    In fairness no company is going to disclose things like that in advance, but I do agree it's something for him to sort with his boss, not the OP
    • sangie595
    • By sangie595 14th Sep 18, 4:44 PM
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    sangie595
    It's easy. To be fair, as some of us keep repeating, HR belongs to the employer. So if the manager says don't contact them, that's fair enough - they represent the employer and so does the manager. And I assume by the resounding silence that there is no union membership.

    There is a grievance procedure. It's usually direct to the manager first. So that. In writing and formally. Then escalate it to their manager of the issue isn't resolved. Follow the process whatever it is. You can't be faulted for doing so, but you probably won't win any friends. Although it sounds like that is the least of your worries right now.
    • Elinore
    • By Elinore 14th Sep 18, 6:35 PM
    • 161 Posts
    • 491 Thanks
    Elinore
    Sorry! not resounding silence - I was trying to contact the union lady (she's currently visiting a site in Scotland - so a a bit hard to get hold of and is due to be incommunicado for a few days)

    I was also emailing HR just to a request their grievance procedure - i didn't discuss the issue with them, just the procedure.

    To clarify Coms69 hit the nail on the head - in a nutshell

    Employer - I work in their building, they pay me and my contract is with them to do the job.

    Supplier - my employment contract contract says - I exclusively do their work, in no uncertain terms - the contract also sets out my leave, training, hours and role requirements are at the whim of the supplier NOT my employer. I have access to their system to do the job and they are very clear this access is for me alone.

    This sounds very complicated but honestly it's worked like clockwork before this hoohaa!
    Last edited by Elinore; 14-09-2018 at 7:28 PM.
    • Nookie5
    • By Nookie5 14th Sep 18, 6:53 PM
    • 24 Posts
    • 23 Thanks
    Nookie5
    Sorry! not resounding silence - I was trying to contact the union lady (she's currently visiting a site in Scotland - so a a bit hard to get hold of and is due to be incommunicado for a few days)

    I was also emailing HR just to a request their grievance procedure - i didn't discuss the issue with them.

    To clarify Coms69 hit the nail on the head

    Employer - I work in their building, they pay me and my contract is with them to do the job.

    Supplier - I am employed to exclusively to work for them, my contract outlines this in no uncertain terms - the contract also sets out my leave and hours and role requirements are at the whim of the supplier NOT my employer. I have access to their system to do the job and they are very clear this access is for me alone.

    This sounds very complicated but honestly it's worked like clockwork before this hoohaa!
    Originally posted by Elinore

    Whatever they say under no circumstances give away your login details so you're the only one who has access outside of your employer being forced to discuss this with the supplier. They might try making you sign away your rights and a non-dislosure statement so you give away your login details and can't tell the supplier. REFUSE to do this, don't give away your leverage. If they sack you they risk upsetting the supplier.
    • Les79
    • By Les79 14th Sep 18, 7:24 PM
    • 617 Posts
    • 698 Thanks
    Les79
    I would consider the possibility of asking for a contractual change....

    Companies, and bosses, change and more often than not a new boss = new ways of doing things. It sounds like you are one of the rare(ish) people who have a contract which doesn't allow the employer to do that (forgive me if my interpretation is wrong). Probably like gold-dust in the current employment times. Is that a fairly apt definition of a "legacy contract"? In truth I've never heard of them before..

    I mean you've gotta think that you may end up being managed out. They may even risk an unfair dismissal and a tribunal payout just to get you off the books and get someone else in. Won't always hit them as hard as you'd like if that happened.

    So it may just be easier to engage with the manager and negotiate an altered contract (they may trade off and give you some benefits if you do the same; "i'll scratch your back and you scratch mine" etc).

    I think first of all you need to approach HR and put in your grievance. Ignore the manager, they are telling you not to because they don't want the headache. If you put your side across, as well as the manager (who won't be fair minded by the way), then HR and the higher echelons can decide whether they agree with the existing terms or whether they need to re-negotiate.

    It is slightly complicated, too, with a supplier being involved but hopefully you've been shining in your role up to now. Otherwise, they may be more willing to take on someone who is paid less/the same but who can carry out multiple tasks and improve efficiency (there are a lot of people in the queue!).

    Apologies if I've missed the mark anywhere there by the way, just trying to help!
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