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Emmzzi

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Everything posted by Emmzzi

  1. So there being two of you making potentially offensive remarks is new - I only saw one in the original post, that being you.
  2. It seems to have jumped from "I am waiting to be fit enough for my disciplinary" straight to "I have taken out a grievance." Do ask questions if you have any, but we would need the in-between bit of the story.
  3. Hi, what outcome are you looking for? In the absence of a policy many organisations would use the ACAS guidelines. However - is there reasonable evidence that you did not do the thing you are suspected of? Don't obsess over spelling mistakes. That's trivia.
  4. Fair. I'm jaded. Undoubtedly though HR see a lot of people game the system, so tolerance is low and suspicion is high.
  5. Remember HR are only there to advise management. They are not your friend. And, they do not make decisions - your manager will. I would expect everything you have said to find its way to your manager very quickly. And, if you can return to work at will... how serious is your mental health issue? I have seen so many people have a miraculous recovery just as the sick pay runs out. It doesn't enhance my view.
  6. If you need the job then best advice is - be clear you know your actions were unacceptable - your Billy Connelly reference above suggests you do not actually believe that, so you may have a problem there. Don't try and banter your way out of it; it is unacceptable, end of. Get your head around that before even attempting to save your job. - explain the health issue that caused the actions - apologise - explain what you are doing so it won't happen again. The chance you might do it again is the thing most likely to get you dismissed.
  7. I am from Scotland and I know the C word is not acceptable at work; I really wouldn't try pushing that angle, it'll have no joy. Ether you are well enough to go to work and control your emotions and your language; or you are not. I would be wary of pretending you are better before you are ready; that seem a sure way to end up with no job for a long time, as opposed to potentially a few weeks on SSP.
  8. I feel you may have this out of proportion simply because some of the people involved are slightly well known. That doesn't suddenly make it a huge breach. Good luck to you; but I fear you are tilting at windmills.
  9. The public may or may not be interested, but a minor breach of data protection, which has not actually even occurred, is not a matter of public interest.
  10. Other than rostering, if you are on a contract with a set number of hours, you need not respond at all. If it says "hours required to do the job" that is different. I would try, "I am contracted for X hours. If you need me to do more, I'm happy to talk about that, but obviously my wages would need to increase, too. Is that something you want to talk about? Or, is there a different way for me to record information while I am at work, to make it easier for you to find when I am not here?"
  11. So the further information vastly changes advice because we're into the realm of becoming a defacto director by actions taken. I am afraid I only deal with situations where we're upfront abut what is going on from the start, and it sounds like either yourself or your wife may be acting as a director in practice here. That complicates the situation massively. Please disregard prior advice.
  12. They will give you a case number, then you put the claim in yourself. Your rights if your employer is insolvent: Apply for money you're owed - GOV.UK WWW.GOV.UK If your employer is 'insolvent' this means it cannot pay its debts - your rights if this happens, claiming money owed to you, where to get advice
  13. ok; then yes, you should be based on the preceding 12 weeks. To help that get processed faster I would start getting your wage slips in order so they are available and easy to hand over.
  14. once again, it depends on what your contract says about the hours you work. find us that bit, please.
  15. "Yeah, it's a zero hours contract (or I think it is, but is certainly variable)" Exact wording matters, please.
  16. if it's a liquidation, it'll be regular pay without overtime. So unless variable or zero hours, the reference period does not matter. You would need to advise more on your contract type for better information.
  17. Check how much redundancy pay you can get WWW.CITIZENSADVICE.ORG.UK Find out if you can get redundancy pay, and check what contractual or statutory redundancy payments you'll get.
  18. They won't be talking to their legal team at this point, There is nothing concrete to discuss. They are following the process *as ACAS says they must* and making an adjustment for you by taking OH advice. No one is out to get you. The disciplinary is cancelled because you got a sick note - this is your action, not theirs. I will remind you that they did not want any of this to happen - so much bloody hassle and paperwork! - but your actions forced their hand. For what it is worth - I think you're being paranoid.
  19. In your day to day work, are you required to answer questions? I am guessing yes... almost everyone is. So a further adjustment for answering questions would be really hard to justify. A disability is not a get out of jail free card. I have a disability myself so I don't need to be lectured on adjustments. If it is a requirement of the job that you don't say offensive things to work colleagues, and you are unable to do that.. then they may be able to dismiss. Same way that if it is a requirement of the job that you be able to fit into a 2m wide crawl space at heights, and you can't.. then you cannot do the job. It depends what you said! I will give you my usual advice for people who want to keep their job. I am pretty sure it will not sit well with you, going on what you have said so far. - be specific about what adjustments you require. So far I see you saying you need them but you haven't actually said what it is that you need, just that they are being unreasonable. Note they also do not have a time machine so leave out the woulda shoulda couldas. - apologise for your moment of madness - factually, not emotionally, present any mitigating circumstances. This means you need to lose the anger and the sarcasm I see in your posting style, and stick to the facts. - request an occupational health or further medical opinion, or get one from your own specialist. (I assume you have had a formal diagnosis based on what you have said.) - offer to have whatever kind of sensitivity training would be relevant - offer to undergo mediation If you want any chance of a positive outcome then you do, indeed, need to follow the process. Or; you can continue to channel your efforts into being angry. Your choice.
  20. I thought you had decided what you were going to do? (Hence why I offered no further advice) Nothing they have done so far looks illegal to me. They called you in, they asked you some questions, and did not breach any legal requirements. If your disability is such that you cannot answer a few questions about things you did and said, a very short time ago, then that raises much bigger questions! If you are leaving - leave. Why wait?
  21. You'd need a doctor's report saying the injury makes you say offensive things *and* that it is likely to be a disability under the equality act (not every injury is) Is that possible?
  22. because if you bring your lawyers, they are bringing theirs. This is simply standard procedure. In line with Acas guidelines.
  23. This is just a fact finding meeting so no right to be accompanied. Doing that part in writing would be really unusual because it allows the participates to prepare their statements - initial reaction is very important when trying to ascertain truth. if you know you said something which is so bad it could be gross misconduct - then apologise, ask for training so you will do better in the future. But if you did it - don't try and loophole yourself out of it. Do better next time, and ask for help to do better next time.
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