Hi,

(a) Write to the employer requesting minutes of the meeting they held with that employee... or to confirm (in writing) that no meeting has ever taken place...

(b) Ask that employee to write a statement containing the date he was spoken to, who by and the content of that ''discussion'' (as far as he can remember).

Recently I felt it necessary to make a complaint about two polish co-workers who were constantly giving me hassle when I'm busy and in need of assistance.

 

I had been of work for just over a week due to stress. I returned to work on Monday. Near the end of the day (approx 3.20) I was called to the office and handed a brown envelope and was just told it was documents relating to the complaint I made. At the minute I am in the middle of moving into a flat of my own. Because of this it was late evening when I opened the envelope. I was horrified when I read the cover letter saying I was required to attend a formal disciplinary hearing on Tuesday at 2.30pm.

 

The company has been investigating allegations of misconduct against you for:

 

Breach of discrimination, Harassment and victimization policy namely the use of abusive and insulting words/behaviour to work colleagues

 

Breach of discrimination, Harassment and victimization policy namely engaging in unnecessary body contact with another employee.

 

I have managed to get this postponed to Monday 27th @2.00pm

 

Also in the envelope were 3 statements 1 from one of the accused dated 27/01 and two from me 26/01 and 30/1

 

I can post more details if required but my main concern is remarks made by the accused in his statement that weren't brought to my attention when I was called to give a second statement on 30th

 

"Afternoon (me) start to get busy on vac pac machine. Not really too busy (extremely busy considering I was on my own) he just very slow, always slow.

If someone else work on vac pac they put three bags he only puts one (absolute rubbish) that's why he so busy"

 

Now here is the bit that really annoys me regarding the alleged body contact. when the supervisor asked him if he wanted to report me (no-one asked if I wanted to make a complaint) his statement says "I said no. I said no cause I know rules in ****** ***** if someone hit someone probably lose job. But he not young not work fast enough difficult for him to get new job".

 

Is this not ageism and shouldn't I have been told that he said this?

 

Is there any possiblity of victimisation here. Firstly he said he didn't want to report me. Seondly I am already on a written warning from late last year. In that case I told a colleague to f*** off because he had been continually hasseling me to do my job different to the way my supervisor said it should be done. The statement this other guy gave was complete lies. He said he had asked me to help him. That explains why the supervisor came and stood over me for several minutes watching what I was doing and then ordered me to go help the other guy. This guy did not ask me to help him because he didn't need any. I pointed this out at the prlim, meeting and following discipliary hearing

 

They didn't seem to care that I had only said f off after provocation.

 

As I said, I can provide more detail if needed and I don't intend to take this lightly so if anyone can be of help that would be very much appreciated. Thanks in advance.

Could you detail the two points above?

Well,

With the information published by the newspaper it is difficult to assert the reason or reasons for their dismissal...

More is needed to assess their situation...

That should not happen...

Don't worry... had your employer wanted to emphasise the fact that they would only employ someone who had gone through that training, they would have both stated so in their offer and in their interview...

I do not see any problem in your post as you seem to have fulfilled the conditions put to you prior to them offering you the job...

Hi,

When you initially applied for that job, do you remember how the job offer was formulated?

Was it offered under one, or more conditions? (ref. those two courses you are writing about)

Hi,

So your contractual hours are as noted in your original post! (07:00-15:00 and 15:00-23:00)...

Is there any clause in your contract which stipulates that your employer could be entitled to move you from a position, department or shift in order to meet the needs of the business?

 

Form N265 is for County Court or High Court claims - irrelevant for Tribunal proceedings!

 

Thank you...

 

 

They are indeed to be disclosed in date order. The Respondent will be responsible for preparing the finalised bundle, so a numbered list, describing each document, in date order would do. The way a firm of solicitors would send them would be to create a table and head the document with the the relevant case title, Tribunal, case number and parties to the proceedings, but that's not necessary for an unrepresented claimant!

...

Hi,

Have a look at Form N265 online...

http://www.justice.gov.uk/index.htm

Hi,

He always could resign and claim constructive dismissal on the grounds of breach of trust and confidence.

Hi,

This is cause for concern and a grievance should be raised in first instance, and wait for action they are prepared to take.

Very well...

Do not hesitate to come back if you need more information/help...

Send a letter (recorded delivery) today, or tomorrow, to request all documents they will rely on at the hearing... Such documents should be in your possession in good time (so to speak) to give you ample time to prepare your appeal.

Good luck!

No problem...

However, any letter you send MUST be sent ''Recorded Delivery''...

Your aim, at the hearing will be to put your points across and to deconstruct the witness statement, or statements...

[Thanks for editing your post]

Prepare your appeal... Make sure you print out the ACAS - Code of Practice 1: Disciplinary and Grievance Procedures (2009). Request copies of the internal disciplinary procedures, copies of the statement, or statements they will rely on at the appeal (you may state in your letter that they can redact (delete) any names in their statements should they need to protect the identity of their witnesses), minutes of any hearing, or hearings you attended in relation to this incident, and prepare questions you may want to put across.

Hi,

Are wages agreements usually negotiated by a trade union?

Monday 13 February, suspended...

Friday 17 February, summarily dismissed for gross misconduct (theft)...

One question I must ask... You were employed and not a sub-contractor?

Does that letter state that you have a right to appeal within a certain number of days?

Now, your ex-employer would be able to summarily dismiss, without following a disciplinary procedure, had he found you red-handed stealing company property... Now, I understand that it is not the case! However, even in such a case it is always good practice to follow a discplinary procedure (see ACAS for the procedure itself).

In the present case, your ex-employer has not given you the chance to 'put your side of the story' across and a chance to defend your case.

You should write to your ex-employer stating that proper procedure has not been followed, and you wish to appeal. Failing to do so, you would be entitled to pursue a claim for unfair dismissal...

No investigation has taken place, and no formal disciplinary hearing has taken place... Is that right?

Hi,

Housing Benefit, and Council Tax do not need to be paid back... Only Jobseeker's Allowance, Income Support or Income related Employment and Support Allowance must be paid back...

So, you have been summarily dismissed for gross misconduct (theft)...

Do you hold a contract, or statement of particulars, and a handbook of employment?

Hi,

Did he give you the reason, or reasons for disimissing you? (or a letter?)

HI,

When you say that you would 'hope' that they will allow you step down upon your return to work, what do you mean? Step down in terms of responsibilities (position/satus) or in relation to your contractual working hours?

Visit the ICO website:

www.ico.gov.uk

Read the third part of the Employment Practices Data Protection Code - Information about workers' health

Hi,

Becky is right, the recoupment system only applies to an award made by a tribunal, and therefore does not apply to a payment ageed by the parties (and would only apply to specific benefits... in your case, it would have been JSA only)

Hi,

Send him an e-mail (make sure you request both delivery and read receipt) containing your notice, then add that you will send a hard copy to his office (recorded delivery).

A crucial aspect of the protection afforded by TUPE is that employees transfer on their existing employment terms. TUPE places strict limits on post-transfer contract change and specifically addresses when such variations can and cannot occur:

• Where the reason for changed terms is the transfer itself, TUPE makes such changes void.
  
• Where the reason is connected with the transfer but is also an economic, technical or organisational (ETO) reason entailing changes to the workforce, TUPE provides that such changes are effective if agreed.
  
• Agreed variations that are unconnected with the transfer are also effective.
  

An employer aiming to harmonise terms after a TUPE transfer faces an uphill struggle. The consequent contractual changes will be connected with the transfer and are unlikely to fall into the ETO reason category. As such, strictly, straightforward post-transfer harmonisation is not possible. In particular, note that employees cannot contract out of the protection of TUPE and so even an employee who agrees to post-transfer contractual change can subsequently change their mind and seek to rely on their previous employment terms such as, for example, entitlement to an enhanced redundancy payment.

Leaving as much time as possible between the transfer and the changes to avoid the suggestion that they are connected (although the mere passage of time itself will not prevent the change from being connected with the transfer). Because the reason for the change is the key factor, there is no particular amount of time after a transfer that will enable an employer to safely introduce changes. Even a two-year delay between transfer and the change was found to be insufficient to break the link between the transfer and the variation in one case.