constructive dismissal?

[elpulpo]

Any developments?

[monkeychicken]

Don't actually call him Tosspot in the letter though.

 

Like it Elpulpo

[jackson1982]

Hi,

 

sorry for late reply.....

no develpoments as yet and sick line is up tomorrow so very much doubt I will get a meeting before the weekend when I'm likely to return to work.

 

Still feel striongly about never returning and especially before I have spoken to HR/area supervisor regarding the treatment etc.

 

What do you think I should do?

Also the grievance letter stated please respond within 7 days and was dated last Friday, are they obliged to respond within the week?

 

Jackson

[elpulpo]

Can you get your sick note renewed?

I'd give em into next week to respond.

The letter was sent recorded, right?

[jackson1982]

I probably could yeah.

Yes was sent recorded last Friday afternoon so probably didn't receive until Monday morning.

Definetly not going in this weekend but think I'll wait unitl Monday and if I havn't heard anything then I will need to get another line.

 

Jackson

[elpulpo]

Wait and see. I doubt they'll ignore it, if they've any sense.

Though they've hardly proved that they've got any so far.

 

It might well come tomorrow.

I was thinking, they might try and postpone an appeal hearing until you return to work.

In which case you'll have to reiterate that there's no prospect of you returning until the matter is resolved.

[jackson1982]

No I doubt they will as well.

Hopefully it will but if not I really won't have an option but to get another line or just call in sick until Monday but then I may know no more than I already do today.

 

Jackson

[jackson1982]

Still no letter

[elpulpo]

give it 'til monday,then make contact and see what's happening.

[jackson1982]

will do, will need to call and get my shifts for next week so may be off Mon and Tues but god only knows.

[jackson1982]

Still no letter

 

Called for my shifts on Friday as I was due back to work Saturday and after much confusion they finally called back sayin I was due in on Sat morning.

Told them I have the doctors today and that I would get back to them today regarding my return.

They obviously are just either ignoring the letter I sent, didn't receive (although I sent it recorded) or as you said elpulpo waiting until I return and then pull me in.

 

What would you suggest?

Make contact and go into work probably Wed or get a line and write a letter stating I want a grievance meeting before I return to work.= to sort this out.

 

Thanks

Jackson

[elpulpo]

Well, do what you feel happiest doing.

I'd write another letter now, pointing out that they have failed to respond to your grievance letter.

Point out that they are in breach of their own D&G procedure, and therefore in breach of contract.

State that you require them to convene an appeal hearing within 7 days.

 

At the top of the letter print 'Letter Before Action' underlined/bold.

 

Recorded delivery as always.

[jackson1982]

Feel like just quiting and enjoying christmas instead of being a grumpy **** for the whole of december

 

Boss just called me and told him I have the doctors at 3 and that I'd call him back.

 

He was asked to call from the supervisor and that I was due back in today (supposed to be psychic as well now) howver it is my responsibility to check although I did tell them I had the doctors today.

 

No word about the letter, no idea if the right person received it.

Was sent to HR recorded so they must have.

 

Jackson

[natalie]

HAve you checked Royal Mail online to find out who signed for it?

[jackson1982]

Update!!!!

 

All happened today people...

HR just off the phone, meeting is tomorrow at Headoffice.

Must have got the letter right enough, was signed by HR, forgot about checking that, thanks Natalie.

 

Now to see who's available to be my witness tomorrow, the joys!!

 

Jackson

[elpulpo]

You're happy to attend at such short notice?

If you're able to get a witness and sort your statement, all well and good.

It wouldn't be unreasonable to have them put it back a day or two though.

They should have notified you in writing really, and given you a bit more notice. Can't their HR manager write?

 

If you're happy with it then fair enough.

Good luck.

[jackson1982]

Yes to be honest I am, been dying to get my thoughts heard for 2 weeks now. But at same time a phone call to makwe sure the letter got there last week would have been what they should have done, not the day before.

Really are HR incompetent!

 

A letter was sent out to me but they don't use recorded and has gone missing in the mail as it was sent out a week ago now.

I can't really get a witness at present, everyone is sick.

But think I'll manage by tonight, well really by tea timeas I have to call HR back.

 

Jackson

[elpulpo]

If you can't get a witness then I'd try and push it back.

Up to you.

[jackson1982]

Have a few questions before tomorrows dooms day meeting.

Got a witnedd, just waiting on confirmation.

 

Do I prepare a statement as you said elpuplo?

What type of things should I state in my defence, as I am totally 100% innocent. But knowing them they will have evidence to support their claims.

Do I have to speak?

Another thing, this whole scenario has not been kept hush hush as frinds of a friends of a friends dog could tell you exactly whats going on and that I subsequently now being relocated before I have even been informed.

 

The list of things going Pete Tong is getting ridiculous.

 

Jackson

[elpulpo]

Yes, I'd strongly advise you to put your grievance in the form of a statement.

That way you can put across exactly what you want to say, without fear of being interupted. You may well be nervous.

Just as with the grievance letter, simply state what happened.

Then go on to say what was wrong with their behaviour towards you.

Then sum up with what you expect them to do to remedy the situation.

 

Which I would say would be-

 

-A retraction of the accusations made against you.

 

-Your reinstatement in your previous job position.

 

-An apology. Both from tosspot and from the HR 'professional' who was present at the 'hearing' and allowed tosspot to behave in such a way.

 

-Given the upset and stress that their actions caused, you were signed off from work by your GP. You therefore require to be given full pay from the time of the incident onwards.

 

-And anything else you think relevant.

 

 

If they try and plonk some evidence on the table to substantiate the accusations that were made against you, you just flatly say that it is not admissable. They should have provided you with anything they intended to use before the disciplinary hearing (which effectively never happened 'cos they didn't follow their own procedure!).

 

They're relocating you?! Would you be happy with that?

You shouldn't have to suffer any detriment here, you've done nothing wrong. Why don't they 'relocate' tosspot? To the jobcentre!

[jackson1982]

Brilliant response Elpulpo thanks.

 

To be honest I am happy with the move if the rumours develop and not that bothered about the position as my pay cannot be affected.

 

So would be going there to do a similar job but not have the same responsibility.

 

I'm moving on soon anyways so this would be ideal, get a bit of money saved again and get the hell out of there for good.

 

Should I mention the confidentiality aspect of the eholw thing?

 

Jackson

[elpulpo]

eholw? whole?

Speak in code, you don't know who might be reading.

 

If ya mean the fact that everyone seemingly knows everything about the whole saga;then yes, absolutely.

They shouldn't be discussing this with anyone.

If you were someone, say, who had a history of clinical depression and was covered by the DDA, they would be in serious Caca for doing that. It's tantamount to harrassment.

[jackson1982]

"Then go on to say what was wrong with their behaviour towards you"

 

bit stuck on this part.

 

have typed up all that happened in the meeting and it looks pasty to say the least.

 

Just another quick question, can they class this as the disciplinary meeting and not the meeting previous?

 

Thanks

Jackson

[jackson1982]

eholw? whole?

 

Yes whole sorry, trying not to state names, quite hard btw:)

I will definetly be mentioning that then, this thing is gonna be huge.

 

Jackson

[elpulpo]

Have another look at post #46, the grievance letter template. That's what I'd put with regards to what they've done wrong.

20 mins i'll post again, cooking dinner.