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  • FIRST POST
    • Scoobs85
    • By Scoobs85 19th Oct 19, 12:03 AM
    • 12Posts
    • 1Thanks
    Scoobs85
    I've been Suspended...
    • #1
    • 19th Oct 19, 12:03 AM
    I've been Suspended... 19th Oct 19 at 12:03 AM
    Hi,

    Hope you guys can help. I'd appreciate any advice you can give me about this unfortunate situation.

    I joined a large supermarket chain last year working overnight. When I first joined my training was very basic, not to the people training me, but those above them. They did their best but as an experienced manager I sucked it up and got on with it.

    Initially I was fine, until April when a new manager joined the store. Then everything basically fell apart.

    On a number of occasions I have been told that the previous manager did not give the positive feedback, rather negative feedback, that I was given at the time. I was told that my peers were doing so much better than me but when there was a problem I was the one they turned to.

    I had a family emergency back in August which caused me to take off 2 weeks due to stress. In my return to work meeting, my line manager said I would be put in for a disciplinary which was unfair as only my first bout of sickness in 5 years with them and previous employers.

    Today I have been suspended on gross misconduct as I raised my voice when I was asked a question and was not listened to (after my honesty was questioned) and told them I was being bullied which is what I feel I am. I apologised afterwards as I am a calm individual normally. I have been continiously treated badly by the manager who put me into this process. I am currently suffering from depression and have been had mental health problems since August.

    I hope someone can assist me. I have emailed the companies HR a grievance before the suspension and also since. I'm being accused of inappropiate and aggressive behaviour which I dispute.

    Of course this situation really adds to my depression so anything you can help with would be much appreciated. I did not swear or threaten. I have to take my young children to school and this occurred long after my shift. I even offered to call the manager in question afterwards but I was told I could not leave until I had explained "honestly why the store wasnt completed" and provide a statement written out.

    Feel a bit desperate at the moment all I do is try my best.

    Thanks
Page 2
    • ohreally
    • By ohreally 20th Oct 19, 5:14 PM
    • 7,176 Posts
    • 5,660 Thanks
    ohreally
    I will still pursue legal action against this employer should a resolution not be found
    Originally posted by Scoobs85
    How do you propose to do this?
    Donít be a canít, be a can.
    • Scoobs85
    • By Scoobs85 20th Oct 19, 5:44 PM
    • 12 Posts
    • 1 Thanks
    Scoobs85
    I'll have to look into it. I have detailed notes about everything that has happened. Its whether or not a solicitor feels it will stand up. I hope it will be resolved without this action but we will see. I feel as even though I have done nothing wrong, I stand little chance
    • Blatchford
    • By Blatchford 20th Oct 19, 5:45 PM
    • 310 Posts
    • 472 Thanks
    Blatchford
    The conversation was in a meeting room and there were only two people present, me and him. I made a reasonable request and it was rejected, I asked again, it was rejected. This was some time after the end of my shift. I gave an honest explanation, this was also rejected. I couldnt say anything or do anything right. I was not abusive, aggressive, intimidating. I couldnt do that. Yes the decibels went up but that was due to the situation. I was completely fair.

    I do have another job which I am now moving to. It is with a previous employer so I am not concerned about references as my previous employer will now fill that role.

    I will still pursue legal action against this employer should a resolution not be found to my own complaints
    Originally posted by Scoobs85
    Ah. And now it unravels. If you were shouting at your manager then it doesn't matter whether you were reasonable or not - shouting at your manager is unacceptable. And it may be your opinion that you were reasonable and your explanation for not having performed were reasonable, but oddly, yours is not the only opinion. And what "agreement" has been in place "for some time" (you haven't actually worked there for very long, so "some time" could also be as long as a piece of string) - if your contract says that you work other hours, then any informal arrangement you may have had from time to time doesn't mean you can leave early all the time. And the hours that you have quoted don't appear to make sense anyway.

    But save yourself the trouble. You won't be taking legal action. There's none to take. You don't have a disability, there's been no discrimination even if you did, you haven't been dismissed and you already have another job, which oddly appears to have materialised in no time at all since you were suspended - so there is no loss to you for a tribunal to compensate. In fact, I'm sure the employers lawyer will be arguing to pursue costs against you if you try it on, because it seems oddly convenient that you only started complaining about discrimination that hasn't occurred having got another job. That would certainly appear to suggest an argument for you making a fictitious claim as a payback for the employer criticising your poor performance. You see, it doesn't matter whether that is true or not. When it gets to legal arguments lawyers don't give a toss about the moral high ground you previously claimed to hold - they will go for the throat. And they usually win.
    • Scoobs85
    • By Scoobs85 21st Oct 19, 4:22 AM
    • 12 Posts
    • 1 Thanks
    Scoobs85
    Hi Les79

    I'm not. I'm a full time male employee which I know might go against me in this case. I have two young children who I have to pick up then run to school.

    Your comments are very helpful (some on here seem to be on the employers side and twist it whatever way they can, guess that is what this manager has done in this case though).

    I have automatically appealed the suspension as I dont think it was right. I will make the SAR today. I will also try and get the investigation postponed as I was suspended Friday so today is my first day building my case and getting the legal parties on board. Have they done it for Tuesday as they know I will get solicitors involved to give me very limited time?

    I will focus on my other job though until we know a resolution which is with a lovely company, lot smaller but I'm happier there.
    • Scoobs85
    • By Scoobs85 21st Oct 19, 4:28 AM
    • 12 Posts
    • 1 Thanks
    Scoobs85
    Hi Justlexi93

    Yes it does. I really get on well with my team and 7/8ths of my peers in the management team but this adds to the stress as it feels like I'm being singled out by this individual. Some management can see it, my team all can see it pre warning me when this manager is in. Some of the guys were that worried as we had more work than physically possible they refused to take their break even though I asked them to.

    Good luck with your business venture I'm sure it will go well, think positive
    • boo_star
    • By boo_star 21st Oct 19, 6:02 AM
    • 2,815 Posts
    • 2,163 Thanks
    boo_star
    (some on here seem to be on the employers side and twist it whatever way they can, guess that is what this manager has done in this case though)
    It's called being realistic, rather than blowing smoke up your rear end as Les has a habit of doing.
    • Blatchford
    • By Blatchford 21st Oct 19, 7:09 AM
    • 310 Posts
    • 472 Thanks
    Blatchford
    It's called being realistic, rather than blowing smoke up your rear end as Les has a habit of doing.
    Originally posted by boo_star
    Quite. Even if the poster had been female and part-time, the advice given to claim sex discrimination could be described as rubbish, but I wouldn't do that because then they report you to the MSE team for being horrible to them.

    Given the information disclosed here, this advice amounts to nothing more than a blatant encouragement to make a fabricated claim. It was exactly this sort of thing that led to the government introducing charges, and I don't doubt that it will be the sort of thing that gets them reintroduced.
    • ohreally
    • By ohreally 21st Oct 19, 9:49 AM
    • 7,176 Posts
    • 5,660 Thanks
    ohreally
    I really get on well with my team and 7/8ths of my peers in the management team
    Originally posted by Scoobs85
    You refer to your peers in the management team, are you a manager?
    Donít be a canít, be a can.
    • Blatchford
    • By Blatchford 21st Oct 19, 1:45 PM
    • 310 Posts
    • 472 Thanks
    Blatchford
    [QUOTE=Les79;76406877
    I tried to discourage them a few times in my post. Gone over your head?[/QUOTE]
    So you come out and told them to claim discrimination, explained how they should do that, and then tried to discourage them from taking your advice?

    Related to Boris Johnson are you?
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