Accident at Work

[joesoap]

I've had a look on various employment law sites, I can't find any info regarding timing, other than that the process should be carried out 'without delay'.

I suppose it all depends on the individual circumstances. Can you think of any reason why it shouldn't yet proceed? Are they interviewing people etc?

One thing, They're alleging that she's 'falsely reported' an accident to the HSE? That's a very serious offence; were it true (which it's evidently not), an act of Gross Misconduct, no less.

In such a circumstance, why therefore, have they not suspended her pending the outcome of any disciplinary action?

What they can't do is just put the accusation on hold, and then months later slap it on the table like a 'get out of jail free card'.

 

Two weeks passed by since disciplinary letter, not a sausage. I agree that the accusation is serious and should have led to suspension. Investigation was complete, that's why the disc.letter was sent. Don't know what they are up to but I think they must be having 2nd thoughts but unlikely to change their minds as they'll look rather foolish and HSE would have a field day. Whatever they want to throw at her, Mrs Soap is ready. She has instigated a compen claim and is hoping that she meets with a solicitor before the disc hearing is heard on the hope that she gets some extra assistance. This company is not a Mickey Mouse outfit (not in name anyway) and I bet that most people on cag have probably opened their foodstuff wrappers! For obvious reasons we have to keep the name under wraps (no pun intended) for now.

[elpulpo]

Yes. No reason to name them here. It's of no relevance. Plus, you never know who might be reading ( see DeathByCrayons' thread).

And how are things at work for her? Business as usual? Employers/Managers not being 'funny'?

[elpulpo]

Not sure what to suggest with regard to the disciplinary action pending-

 

Write a letter asking what's happening?

 

Or just see what happens?

 

Can't see that they can leave the issue any longer without seriously compromising their position if they do take action.

Though I think they've already done that!

 

What do others think?

[joesoap]

Business as usual, deathly silence. At the moment there's no funny business. We were thinking about asking if there was going to be any further action but decided to say nowt. As you say, they are compromising their position and hopefully digging themselves into a hole. Will keep you informed of any developments.

Edited November 3, 2009 by joesoap
grammar

[elpulpo]

Aye, sit tight.

[joesoap]

Yes. No reason to name them here. It's of no relevance. Plus, you never know who might be reading ( see DeathByCrayons' thread).

And how are things at work for her? Business as usual? Employers/Managers not being 'funny'?

 

Just finished reading DBC's thread, very enlightening. I can see Mrs Soap being treated in a similar manner, sure some of the posts will come in handy.

 

Mrs Soap had a further read of her "Staff Procedures", It transpires that only OH (Occupational Health, ie company nurse) can send her for a physiotherapist assessment. Champion, a Team Manager instigated an assessment.

[elpulpo]

yep, champion's the word!

[joesoap]

Still no word.

Edited November 9, 2009 by joesoap
Mrs Soap panicking in case her identity is spotted.

[elpulpo]

Very sorry to hear that. All the best to you.

On the employment law front, longer they leave it, less valid any arguement they have.

In fact, think they've missed any chance to try anything.

[joesoap]

Very sorry to hear that. All the best to you.

On the employment law front, longer they leave it, less valid any arguement they have.

In fact, think they've missed any chance to try anything.

 

Thanks for that Elpulpo, much appreciated and I am inclined to agree with you. I've decided to delete the post though just in case they're "watching" and can guess her identity. DBC handled it very well and I could do the same but the wife panics a bit.

[joesoap]

Contact yesterday. Sadly, Mrs Soap's father passed away a fortnight ago, shortly after my last post. Mrs Soap had already 'phoned in sick due to WORK RELATED stress and now has a sick note from the GP for four weeks. She is also on sleeping tablets but not as yet, on anti - depressants.

 

The company nurse rang yesterday supposedly concerned about the welfare of Mrs Soap. She, and a senior HR person would like to come out and see her next week. My initial reaction was no but on reflection, if anything further was to happen they are so devious they would turn around and say "we tried to speak to Mrs Soap but she was unco-operative" . We haven't made definite arrangements yet as Mrs Soap has a visit to the GP arranged before the requested meeting. The nurse says that HR just want to come out and ask about the issues at work. I'm surprised they have to ask, they've done everything against the book. If we give the go - ahead we will reserve the right ask them to leave. Does anyone have any thoughts. Going to try and get some advice from a solicitor as we wouldn't want to say anything that might jeopardise any claim we might make.

[MandM]

Sorry to hear of your loss. Thoughts go out to both of you.

 

Out of interest, have they called it a 'Welfare Meeting'? or are they relating it directly to the 'other' issues?

 

M

[joesoap]

Sorry to hear of your loss. Thoughts go out to both of you.

 

Out of interest, have they called it a 'Welfare Meeting'? or are they relating it directly to the 'other' issues?

 

M

 

Thanks M

 

Didn't make it clear really, nurse said she was coming out to see how Mrs Soap is but did ask "I assume she will be coming back to work". I said nowt. HR coming out to discuss the problems at work. HR is the fecking problem, they've gone about their procedures a*se first. If they think that Mrs Soap is off because she's scared of a disciplinary, they are very much mistaken and she will soon put them straight.

[MandM]

Thanks M

 

Didn't make it clear really, nurse said she was coming out to see how Mrs Soap is but did ask "I assume she will be coming back to work". I said nowt. HR coming out to discuss the problems at work. HR is the fecking problem, they've gone about their procedures a*se first. If they think that Mrs Soap is off because she's scared of a disciplinary, they are very much mistaken and she will soon put them straight.

 

Good for her . However, they should indicate what the meeting is about. It's in their interests to write and confirm this in advance so that everyone's clear on what is to be discussed and any necessary prep can be done and information acquired. Well that's the words I'd use (or something to that effect). Forewarned is forearmed and all that ;-).

 

M

[joesoap]

Good for her . However, they should indicate what the meeting is about. It's in their interests to write and confirm this in advance so that everyone's clear on what is to be discussed and any necessary prep can be done and information acquired. Well that's the words I'd use (or something to that effect). Forewarned is forearmed and all that ;-).

 

M

 

Thanks Mand, I think that's a good idea. I never thought about that, Gold Star for you. Thanks a lot.

 

Just had a word with Mrs S. She's ready for anything they want to throw at her so she's not going to invite a letter. I think the longer that they ignored her, it will go against them. Perhaps HR should have had the sense to write anyway......but that's the type of company we are dealing with. Couldn't give a monkeys about the employees (like lots of others unfortunately) and getting someone else to do the dirty work.

 

IM

Edited November 24, 2009 by joesoap
Mrs S woke up.

[MandM]

Thanks Mand, I think that's a good idea. I never thought about that, Gold Star for you. Thanks a lot.

 

Just had a word with Mrs S. She's ready for anything they want to throw at her so she's not going to invite a letter. I think the longer that they ignored her, it will go against them. Perhaps HR should have had the sense to write anyway......but that's the type of company we are dealing with. Couldn't give a monkeys about the employees (like lots of others unfortunately) and getting someone else to do the dirty work.

 

IM

 

Hope all goes to plan. Will pop in for updates as things progress. Best of luck,

 

M

[joesoap]

Oh well, more harrassment. 'phone call from Mrs Soap's Line Manager saying that the nurse had asked him to ring Mrs S if she could come up to work to sign some kind of form. I told him that I had spoken to the nurse ON MONDAY so why didn't she ask me then. This gets sillier. I have tried to contact the nurse but she's laying low.

 

Kick in the bollards off the solicitor as well, wouldn't take the case on because Mrs S is not a trade union member. Shouldn't mention the name I guess.

Edited November 25, 2009 by joesoap
Spelling

[MandM]

Kick in the bollards off the solicitor as well, wouldn't take the case on because Mrs S is not a trade union member. Shouldn't mention the name I guess.

 

mmmm. Stinks a bit! I suppose that if she was a trade union member he'd get most of the work done for him (or am i just being bitchy ).

 

Could be worth a chat with ACAS. There are procedures which the employer must adhere to - make sure you're clued up on them!!!

 

M

[joesoap]

Hi M, no, I don't think you are being bitchy, the less work sols can do for more money the better! Spoke to ACAS nearly at the start of this saga, at the time they were about as much use as Mike Ashley. As time has gone on though perhaps it may be time to give them another ring, after all, they have left Mrs S out on a limb. After they had issued the notice of disciplinary there was plenty of time to instigate it before she went off sick. Nursey still hasn't returned my calls. Think I might text her late tonight and see how she likes to be harrassed, lol.

[MandM]

Think I might text her late tonight and see how she likes to be harrassed, lol.

Maybe she's ill.

[joesoap]

Maybe she's ill.

 

As it happens M, when all this started she actually did go off sick for a few days, and so did the HR person.

[MandM]

As time has gone on though perhaps it may be time to give them another ring, after all, they have left Mrs S out on a limb. After they had issued the notice of disciplinary there was plenty of time to instigate it before she went off sick.

 

Could be worth that chat with them though. As i've suggested, if they bend the rules (or ignore them) they're creating a problem that they won't be able to fob off.

 

M

[joesoap]

Could be worth that chat with them though. As i've suggested, if they bend the rules (or ignore them) they're creating a problem that they won't be able to fob off.

 

M

 

As long as the GP says she's fit enough we are going to let them come. In the mean - time, we've just booked an appointment with a solicitor. I was at his free clinic a few weeks ago and he said we could have a case. Doing it Tuesday morning so everything will be fresh, £30 though; sharp cancel it if ACAS can assist.

[MandM]

As long as the GP says she's fit enough we are going to let them come. In the mean - time, we've just booked an appointment with a solicitor. I was at his free clinic a few weeks ago and he said we could have a case. Doing it Tuesday morning so everything will be fresh, £30 though; sharp cancel it if ACAS can assist.

 

Got to be worth a punt i'd say. Keep us posted and good luck,

 

M

[joesoap]

Prior to seeing the solicitor and HR/Nursie tomorrow, Mrs Soap has decided to put the copy of her letter on here if anyone cares to peruse. Please bear in mind that she had the accident on 7/8 and the letter is dated 19/10. It was issued a day after Mrs S spoke to the HSE and we think, HSE spoke to her employers, coincidence! The further investigation was carried out without asking any of her colleagues' opinions. Having shown the letter to colleagues they disagree with HR regarding time scales etc and are willing to corroborate Mrs S's statement if necessary. Please feel free to comment, constructive or otherwise. No matter how many times I read it, my blood boils.

Edited December 1, 2009 by joesoap
Mrs S gave senior HR a copy of the letter (said she hadn't seen it) so has removed it from here.