Accident at Work

[joesoap]

Hi,

 

So the designated first aider dealt and put the incident in the accident book, Mrs Soap was then off work for 6 weeks plus (When you started this thread). The employer had 10 days to report this incident to RIDDOR which they failed to do, you notified in their absence.

 

Bottom line the employer has committed a criminal offence and is now trying to say that you are in the wrong! Unbelievable. I have to say it's not looking good for them! Go for it!

 

My guess is that they expected Mrs S to fall into line with other employees. When they realised she wasn't going to they had to take drastic action; that's probably why it took them nine weeks to decide there had been no accident! She was even back at work the first time before she received the letter.

[joesoap]

Pay slip hadn't arrived by yesterday lunch time so Mrs S 'phoned Head Office HR "blind". Didn't really get much sense but the local HR had been sent an Email on Thursday and we think they were supposed to get in touch, they didn't and haven't. Pay slip arrived late Friday afternoon, too late to catch Personnel Had a look at the figures and they have to be wrong. Even with no actual pay SSP should amount to at least 4wks x £79.15 = £316.60. It doesn't! If it hadn't of been for the tax refund Mrs S' pay would have been £108. Oh well, something else to gripe about.

 

Came across Compromise Agreements yesterday. Could be a good idea to write a "demand" letter as already suggested and offer a compromise, via a solicitor of course.

Edited February 21, 2010 by joesoap

[Helford]

Hi,

 

Please bear in mind that any Compromise Agreement [CA] (if you decide to go down that route) will be instead of any compensation payment not as well as.

 

A CA will normally absolve the employer in respect of any claim arising from a vast number of issues.

 

H

[joesoap]

Thanks Helford. However, we are well aware that by going for Constructive Dismissal/Compromise Agreement that no other claim can be made. Mrs S needs closure hopefully she will choose the best option, one way or the other it has to be done.

[elpulpo]

What I'd suggest is that you now put all the aspects of your greivance in a letter to them and demand a meeting. Lay out your case and basically put the ball in their court-'So, how are you going to sort this out?'.

I wouldn't propose a CA, just put your case and chances are they'll make you some sort of offer.

[joesoap]

What I'd suggest is that you now put all the aspects of your greivance in a letter to them and demand a meeting. Lay out your case and basically put the ball in their court-'So, how are you going to sort this out?'.

I wouldn't propose a CA, just put your case and chances are they'll make you some sort of offer.

 

Grievance letter being sent today Recorded Delivery. After it has been received by her employers a resignation letter is being sent. It's the end of the road, Mrs S has just had enough, I'm having to walk around with a tin helmet on, Lol. It's impossible for her to return to work anyway, she would be permanently under scrutiny. I'll keep you up to date and thank you all for the assistance you have given us, it is very much appreciated.

 

Ian

[elpulpo]

I'd just wait and see how they respond to the grievance before resigning. See if they offer anything.

Obviously, there's no prospect of her returning.

[MandM]

It's the end of the road, Mrs S has just had enough, I'm having to walk around with a tin helmet on, Lol. It's impossible for her to return to work anyway, she would be permanently under scrutiny. I'll keep you up to date and thank you all for the assistance you have given us, it is very much appreciated.

Whatever makes Mrs S happiest is the best route IMO.

 

Hope to speak again one day (or should that be 'hope not'?) lol

 

Good luck,

 

M

[honeybee13]

Good luck, Joe and Mrs Soap. Please keep us posted. My best.

[joesoap]

Thanks for your comments everyone. Left it up to Mrs Soap but letters drafted but not yet posted. Going to send the grievance off tomorrow and ask for a quick reply. Unlikely in view of the length of time it takes her employers to do anything previously.

[joesoap]

Grievance and Resignation letters sent together. Mrs S is now a lot happier. Grievance letter contains a lot of damming evidence about how they got the procedures wrong. Although a monetary offer would be welcome it was never about money. If HR had of retracted their letter and apologised everything would have been hunky dory. Mrs S would still have resigned though.

[joesoap]

Although I didn't post a copy of the Grievance letter that was sent on here, if anyone has any time I'd appreciate any comments on the letter posted below. The brown stuff must have hit the fan as the reply has more or less been sent by return of post. I'm not going to say anything as I don't want to put any words into mouths.

 

Edited February 27, 2010 by joesoap
grammar

[elpulpo]

Sounds like they've woken up at last.

Not accepting the resignation is barlocks.

Does Mrs Soap feel like attending the grievance meeting?

[joesoap]

Yes, I think that Mrs S is ok with the meeting but at home, not on their patch. If it ended up going further it probably wouldn't look good if she didn't meet them. Isn't it strange though how they can bend the company sick pay rules; guilt trip or what?

 

Mrs S has a colleague that will attend the meeting, he's quite au fait with the topic.

[MandM]

Wow Mr S. They appear to be treading VERY carefully.

 

You seem to have very much the upper hand as I see it. They appear to be wanting to be seen not 'peeing you off' IMO.

 

M

[joesoap]

Wow Mr S. They appear to be treading VERY carefully.

 

You seem to have very much the upper hand as I see it. They appear to be wanting to be seen not 'peeing you off' IMO.

 

M

 

I agree but I like the way they decide they can extend the company sick pay will nilly. At the end of the day though she cannot return to that employer, her position was made untenable.

[MandM]

At the end of the day though she cannot return to that employer, her position was made untenable.

Can't blame her after how they've treated her

[honeybee13]

Hello Joe. It's sounding better for you, isn't it? I'm pleased.

 

When my employer wanted to come and see me at home, I didn't feel able to do it and felt threatened by having my space invaded. My OH and I arranged for the meeting to be at a local hotel that has a coffee lounge with pretty private spaces [at work's expense] because I/we felt better about being at a neutral venue. Mrs Soap may be braver than me, I just wanted to say it's an option.

[joesoap]

Changed our minds about having the meeting at home, Mrs S wouldn't have been able to get up and walk out, Lol. Decided to go to conference room at work place with a sensible chap in tow, that's not me by the way. I can't keep my gob shut long enough, typical Geordie!

[honeybee13]

Good luck, Joe and Mrs Joe. I hope Captain Sensible helps. Joe, are you staying away or going in gagged?

[joesoap]

Good luck, Joe and Mrs Joe. I hope Captain Sensible helps. Joe, are you staying away or going in gagged?

 

Staying away, I can't be gagged.

[joesoap]

Well, nothing much happened really. The manager just sat there and asked Mrs S to start from the beginning and let him know what the grievances are. So she told him no because he had her letter in front of him setting out the grievances and as for everything that has happenened regarding the accident should be in the reports. The fact that he didn't have a copy in front of him was his own daft fault. Mrs S has gone over this stuff so many times already she just couldn't do it again, especially with all the stress.

 

The meeting only lasted 50 minutes and that included a 10 minute time out for the two management bods, Mrs S reckons they've never had to do a grievance before and they didn't have a clue. Mrs S made it quite clear in her grievance and resignation letters that she had been put in such an untennable position that she could not return to work. Can you believe that the manager turned around and actually said "we are here today to try and find the best way forward so you can return to work. Getting you back to work is our most important objective". I think Mrs S was stunned and asked what bit of un and tennable do you not understand.

 

The senior HR person tried to explain why they could not accept her resignation while a grievance is in progress. Mrs S disagreed and re-iterated that her resignation stands! Nothing at all was achieved yesterday as the HR had to go away and put their heads together and come to some result. They said it could take quite a while but Mrs S told them they had 7 days. Unfortunately, this is the last month of the leave year and they had outstanding leave to take so Mrs S has given them 10 days, at least she can be seen to be a reasonable person.

[honeybee13]

Hi Joe, that sounds sort of disapppointing for you. How did your sensible friend get on?

 

The company sound useless. A professional person would have researched the subject first, they've had long enough and there seem to plenty of them.....

 

I suppose if they don't accept Mrs S's resignation, they still have to pay her and provide all the other benefits ?

[elpulpo]

 

I suppose if they don't accept Mrs S's resignation, they still have to pay her and provide all the other benefits ?

That's a good point, Honeybee.

[joesoap]

The sensible friend was very good. The company has already extended her paid sick leave (even though it has been exhausted) up to the day of expected resignation. Even if she withdrew the resignation (which she is certainly not going to do), Mrs S would stop on the sick. Wonder if they'd continue to pay sick leave at full pay rates? Can't get my head around why they won't accept the resignation. As far as I can see there's nothing in the rule book that says one can't resign while one is going through a grievance procedure.