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    • shiwen55
    • By shiwen55 15th Sep 19, 10:48 AM
    • 107Posts
    • 6Thanks
    shiwen55
    alleged sleeping on post
    • #1
    • 15th Sep 19, 10:48 AM
    alleged sleeping on post 15th Sep 19 at 10:48 AM
    Hi all,

    I'm a security officer for a French bank for almost five years.

    I became ill two years ago while I was with them and they have all the doctor's advise and letters.

    On Friday, instead of my regular post taking deliveries, they put me at reception which I don't cover normally.

    The night before I was in severe pain that I took two codeines and in the morning of Friday, I was still in pain and when I noticed I had put on reception, I took another codeine before the start of my shift.

    About 1 pm, I was so numb and tired that I put my head down, looking down for a few seconds. The client has seen me and alleged I was asleep. Now I have been suspended with pay to report to security head office on Monday morning.

    What can I do? Any advice? Is my job at risk, knowing they're aware of my medicines side effect (GP has sent them a letter, as they requested) and I'm ill?

    I am a member of the union as well and will contact them Monday afternoon.

    Thank you,

    shiwen55
Page 3
    • shiwen55
    • By shiwen55 18th Sep 19, 7:41 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    There isn't the right for an investigation meeting, only if it's the disciplinary meeting.
    Originally posted by elsien
    True, the disiplinary hearing was meant to be next week Friday, has been postponed, because I've taken time off sick.

    Union rep said they must produce CCTV images, well, that's something to consider. First they said sleeping and now they say, nodding off.
    • harz99
    • By harz99 18th Sep 19, 8:20 AM
    • 2,943 Posts
    • 2,906 Thanks
    harz99
    True, the disiplinary hearing was meant to be next week Friday, has been postponed, because I've taken time off sick.

    Union rep said they must produce CCTV images, well, that's something to consider. First they said sleeping and now they say, nodding off.
    Originally posted by shiwen55
    No difference between the two, the outcome is still you are not aware of what is happening around you, and/or not capable of performing that security role properly.

    Your employer will not wish to risk losing their contract with the company whose premises you have been working at, so at the very least I would be expecting them to look to replace you in that particular location.

    What does your C of E say regarding workplace placement, in others words, how much freedom do your employer's have to simply move you to another location elsewhere?
    • shiwen55
    • By shiwen55 18th Sep 19, 10:39 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    No difference between the two, the outcome is still you are not aware of what is happening around you, and/or not capable of performing that security role properly.

    Your employer will not wish to risk losing their contract with the company whose premises you have been working at, so at the very least I would be expecting them to look to replace you in that particular location.

    What does your C of E say regarding workplace placement, in others words, how much freedom do your employer's have to simply move you to another location elsewhere?
    Originally posted by harz99
    I don't know. I'm under huge pressure and this can and will have serious impact on my health, knowing my triggers.

    I'm going to have to speak to my GP. He might advise me to take time off sick, I don't know how long honestly.

    My health is deterioting again.

    Thanks
    • Blatchford
    • By Blatchford 18th Sep 19, 11:31 AM
    • 223 Posts
    • 320 Thanks
    Blatchford
    I was on the phone with my union rep this morning. He said if they client does not want me on site, then they must do that in writing and the company must present this letter if requested.
    Originally posted by shiwen55
    I am sorry but that is complete bull. Either you have misunderstood or they don't know what they are doing. There is no legal requirement for the client to even provide a letter to that effect, never mind for the security company to give you a copy of it. The client simply picks up the phone and says "Don't send Shiwen55 here any more, we won't have them" and that is the end of the matter. Your employer is not, under any circumstances, going to put you before a paying client. The client owes you nothing, not even an explanation. Certainly not a letter.
    • shiwen55
    • By shiwen55 18th Sep 19, 11:51 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    I am sorry but that is complete bull. Either you have misunderstood or they don't know what they are doing. There is no legal requirement for the client to even provide a letter to that effect, never mind for the security company to give you a copy of it. The client simply picks up the phone and says "Don't send Shiwen55 here any more, we won't have them" and that is the end of the matter. Your employer is not, under any circumstances, going to put you before a paying client. The client owes you nothing, not even an explanation. Certainly not a letter.
    Originally posted by Blatchford
    I swear that's what he said !! I'm with GMB so he's going to be my rep. Unless I don't know his plan.
    • Blatchford
    • By Blatchford 18th Sep 19, 2:11 PM
    • 223 Posts
    • 320 Thanks
    Blatchford
    I swear that's what he said !! I'm with GMB so he's going to be my rep. Unless I don't know his plan.
    Originally posted by shiwen55
    Regrettably, I hope his plan is better than his advice.
    • shiwen55
    • By shiwen55 19th Sep 19, 11:00 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    Regrettably, I hope his plan is better than his advice.
    Originally posted by Blatchford
    Handed in three months sick note and the company has taken me off suspension. A bit relieved although they could put me back on.

    I think Union rep wants to play his game, that's my perception.

    For the moment suspension is called off. I've taken sick leave. Let's hope for better.

    Thank you
    • polgara
    • By polgara 19th Sep 19, 2:27 PM
    • 426 Posts
    • 424 Thanks
    polgara
    Well suspension should be on full wage and sick leave will be under whatever is in your policy so could be Statutory Sick Pay.


    It's a delaying tactic and your employer will know that! Obviously, they could go down a capability process for sickness as well. Personally I'd be looking for another job
    • shiwen55
    • By shiwen55 19th Sep 19, 2:53 PM
    • 107 Posts
    • 6 Thanks
    shiwen55
    Well suspension should be on full wage and sick leave will be under whatever is in your policy so could be Statutory Sick Pay.


    It's a delaying tactic and your employer will know that! Obviously, they could go down a capability process for sickness as well. Personally I'd be looking for another job
    Originally posted by polgara
    I'm sorry I don't buy that !! Before jumping into conclusion, read previous posts and I bet you're not a lawyer neither.

    Most comments don't take into consideration the law and almost every one is giving their personal opinion, which mostly has no base or based on facts, just what they think might be right or what they heard from a friend of friend. Apart from few who really helped and shaped the idea.
    • ohreally
    • By ohreally 19th Sep 19, 3:10 PM
    • 7,139 Posts
    • 5,625 Thanks
    ohreally
    You do realise your employer may now go to disciplinary and the hearing can be held in absentia.
    Donít be a canít, be a can.
    • polgara
    • By polgara 19th Sep 19, 4:13 PM
    • 426 Posts
    • 424 Thanks
    polgara
    Lol not a lawyer but spent three years on Employment Law as part of my Masters and more than 10 years in HR practice so I think I know a bit more than you.

    Admit that you may have been struggling to stay awake, apologise and promise to not to come to work if you are not able to perform...and you might keep your job.

    Play games and take the consequences.
    • Blatchford
    • By Blatchford 19th Sep 19, 4:22 PM
    • 223 Posts
    • 320 Thanks
    Blatchford
    I'm sorry I don't buy that !! Before jumping into conclusion, read previous posts and I bet you're not a lawyer neither.

    Most comments don't take into consideration the law and almost every one is giving their personal opinion, which mostly has no base or based on facts, just what they think might be right or what they heard from a friend of friend. Apart from few who really helped and shaped the idea.
    Originally posted by shiwen55
    If you wanted a lawyer then you should have paid for one! polgara is 100% correct. The employer is playing a blinder here and you fell for it. Now you are on sick leave, and for three months on a first fit note is highly questionable no matter what your condition, your employer only has to pay you sick pay - probably SSP - instead of full pay. The client gets their new security person. It's highly unlikely they'll now take you back once they've broken in a new person for three months. One who doesn't doze off on reception. And the employer now gets a really good crack at you being dismissed for reasons of capability, which is an easy dismissal after three months off sick. That's assuming they don't go to disciplinary as well.

    If the union rep is involved in this, then he isn't playing a game, he's stitching you up. I'm certain of that.
    • shiwen55
    • By shiwen55 20th Sep 19, 6:29 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    You do realise your employer may now go to disciplinary and the hearing can be held in absentia.
    Originally posted by ohreally
    Employer has said they've postponed hearing. I said that in previous posts.
    • shiwen55
    • By shiwen55 20th Sep 19, 6:33 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    If you wanted a lawyer then you should have paid for one! polgara is 100% correct. The employer is playing a blinder here and you fell for it. Now you are on sick leave, and for three months on a first fit note is highly questionable no matter what your condition, your employer only has to pay you sick pay - probably SSP - instead of full pay. The client gets their new security person. It's highly unlikely they'll now take you back once they've broken in a new person for three months. One who doesn't doze off on reception. And the employer now gets a really good crack at you being dismissed for reasons of capability, which is an easy dismissal after three months off sick. That's assuming they don't go to disciplinary as well.

    If the union rep is involved in this, then he isn't playing a game, he's stitching you up. I'm certain of that.
    Originally posted by Blatchford
    I was off sick for 7 months, two years ago and I went back and they brought no one. It's common sense they'd not bring anyone in, until a decision being made at the hearing. They know (Oh God, how many times I have to say that) I have a disability.
    • shiwen55
    • By shiwen55 20th Sep 19, 6:36 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    Lol not a lawyer but spent three years on Employment Law as part of my Masters and more than 10 years in HR practice so I think I know a bit more than you.

    Admit that you may have been struggling to stay awake, apologise and promise to not to come to work if you are not able to perform...and you might keep your job.

    Play games and take the consequences.
    Originally posted by polgara
    I was not asleep !! Are you crazy? Why would I take blame? You may have master's degree, but your suggestions is bias
    • Blatchford
    • By Blatchford 20th Sep 19, 6:40 AM
    • 223 Posts
    • 320 Thanks
    Blatchford
    I was off sick for 7 months, two years ago and I went back and they brought no one. It's common sense they'd not bring anyone in, until a decision being made at the hearing. They know (Oh God, how many times I have to say that) I have a disability.
    Originally posted by shiwen55
    You clearly know all the answers already. And I too have a disability and that protects nobody. What happened in the past is no indicator of anything. The person not listening here is you. I suggest you go and pay for that legal advice. You may well need it.
    • shiwen55
    • By shiwen55 20th Sep 19, 6:40 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    Lol not a lawyer but spent three years on Employment Law as part of my Masters and more than 10 years in HR practice so I think I know a bit more than you.

    Admit that you may have been struggling to stay awake, apologise and promise to not to come to work if you are not able to perform...and you might keep your job.

    Play games and take the consequences.
    Originally posted by polgara
    Show me a screen shot of your master's degree !! And 10 years experience in HR. You have no clue, I'm sorry
    • shiwen55
    • By shiwen55 20th Sep 19, 6:43 AM
    • 107 Posts
    • 6 Thanks
    shiwen55
    I'm sorry but this thread is getting out of control and hope an Admin can close this thread.

    I'm all set, I have the support I need. I don't need trolls.

    Thank you
    • Blatchford
    • By Blatchford 20th Sep 19, 6:49 AM
    • 223 Posts
    • 320 Thanks
    Blatchford
    So basically you have been told stuff you don't want to hear by people who know what they are talking about and you, who asked for that advice, are going to insult them?
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