False accusations after complaining - ** WON **

[elpulpo]

Just to clarify, Ms J. You have now formally resigned?

[Ms_J]

Just to clarify, Ms J. You have now formally resigned?

 

I have, I sent the letter on 14th Jan.

[elpulpo]

Well, unless you feel inclined to, I wouldn't have anything further to do with them.

[pippadeee]

Unfortunately if you don't fight your corner you're going to be facing having to explain away a probable dismissal for gross misconduct and the accompanying reference that will go with it.

 

Thats the harsh reality of doing nothing, and doing nothing to fight your corner and clear your name. Don't let them get away with it.

[Ms_J]

I don't feel inclined to in the slightest. ACAS advised that as I am within my notice period I do need to attend, even if I am off sick. They said a letter from my GP stating that I am not fit to attend may be useful. Not sure how true any of that is.

[Ms_J]

Unfortunately if you don't fight your corner you're going to be facing having to explain away a probable dismissal for gross misconduct and the accompanying reference that will go with it.

 

Thats the harsh reality of doing nothing, and doing nothing to fight your corner and clear your name. Don't let them get away with it.

 

What if I did it in writing? I would feel too intimidated to attend. I know that it would be the MD, bully and her partner that would be there and i couldn't cope with that. He only wants me in to dismiss me, that is obvious. He is not going to find me innocent, my fate is already decided.

[pippadeee]

What if I did it in writing? I would feel too intimidated to attend. I know that it would be the MD, bully and her partner that would be there and i couldn't cope with that. He only wants me in to dismiss me, that is obvious. He is not going to find me innocent, my fate is already decided.

 

If they're sensible then with a letter from your GP saying you aren't fit to attend and a request from you on that basis for a postponement they should should then postpone it.

 

However they can proceed with it in your absence. If they did then thats another point in your favour as a tribunal would look upon that very unfavourably.

[pippadeee]

PS - Anything you send them from now on, send it by special delivery. They are obviously far too fond of claiming not to have received correspondence when it suits them to claim so. You can email or hand deliver it but if you do you must send it by special delivery too (and keep the receipts)

[elpulpo]

You're signed off on the sick with work-related stress, due to your employers conduct towards you so far.

No sensible employer in this situation would try and pursue an employee in your situation and have them come into work to face a disciplinary hearing. They'd be sh*t scared of DDA claims, complaints of harassment, etc. ACAS are talking rubbish.

Not even if they were guilty as sin. And certainly not if they had handed in their notice. A 'normal' employer would simply be relieved. You'd get a letter saying, "Oh, OK then. All the best. BYE!".

This guys insistance that you still face his 'wrath' is just his insistance that he have the last word.

You're signed off until the end of your notice. Ignore him.

[honeybee13]

Guys, is it possible to have this meeting as a conference call, if it has to go ahead? That way, MsJ could be somewhere she feels comfortable and will have time to think about her answers, refer to notes, etc.

 

MsJ, can you record any meeting on your mobile, say? Could be great evidence.

 

As an aside, I find it outrageous that he's made you ill and is now seeking to compound it by throwing everything he can think of at you while you're off sick. And you're a soon to be ex-exmployee. Or was it resignation without notice?

[Ms_J]

Just a quick update. I have received a reply to my letter before action stating that he will look at the figures that I provided regarding the deductions from my Dec salary. He also stated that he has been looking for the records relating to annual leave that the manager kept but has been unable to find them. All annual leave was entered into the computer system (this is the only record kept and he knows this), so any days that I have taken will be there. He also stated that he is aware that I have taken several days off....This is another lie! I have used 3 or 4 days at most!

I really have had enough of this idiot and his nonsense and I feel that I am going to lose the money he has deducted so far and the holiday pay I am due too. Would I be best to just give up and move on?

[elpulpo]

You have a statutory right to paid holidays. If he loses the relevant records of his employee's holidays that's his problem.

He's stated this in writing?

Perhaps if he didn't make his employees lives so miserable that they're forced to go on the sick and then resign, he wouldn't be in such a mess.

He'd have to prove that you've taken the holidays. If not, he'll have to pay them.

Don't give up, Ms J, you can get what you're due.

[Ms_J]

Thanks, elpulpo.

Yes, he stated it in writing. I cannot believe how much of a clown this man actually is!

Have been advised by lawyer that I should attend the grievance and dis hearing as it would look better if it goes to tribunal. I'm now considering it, that way I can formally address the wage and holiday issue.

[elpulpo]

Thanks, elpulpo.

Yes, he stated it in writing. I cannot believe how much of a clown this man actually is!

Have been advised by lawyer that I should attend the grievance and dis hearing as it would look better if it goes to tribunal. I'm now considering it, that way I can formally address the wage and holiday issue.

OK. If you choose to attend, what I'd recommend is that you have a good think about exactly you want to say and write a statement to present at the grievance. That way you can put across exactly what you want to say without being shouted down by this cazzito.

Have you received written notification of the disc? You might of mentioned in a previous post, I can't remember.

[honeybee13]

MsJ, sorry to digress, but Elpulpo what is a cazzito, if you can tell us in polite terms? I'm guessing it's not flattering!

 

MsJ, that sounds like good legal advice, as does writing it down. That way you can't forget anything. Any idea when the meeting might be?

 

My best, as ever.

[Ms_J]

OK. If you choose to attend, what I'd recommend is that you have a good think about exactly you want to say and write a statement to present at the grievance. That way you can put across exactly what you want to say without being shouted down by this cazzito.

Have you received written notification of the disc? You might of mentioned in a previous post, I can't remember.

 

Got a letter the other day telling me it would be chaired by the bullys boyfriend.....How convenient!

I would wrire it all down and know exactly what I wanted to say.

Not sure that I can actually bring myself to go though!

[Ms_J]

MsJ, sorry to digress, but Elpulpo what is a cazzito, if you can tell us in polite terms? I'm guessing it's not flattering!

 

MsJ, that sounds like good legal advice, as does writing it down. That way you can't forget anything. Any idea when the meeting might be?

 

My best, as ever.

 

Lol. Good question, honeybee!

 

The meeting is Thu or Fri, need to check the letter.

[honeybee13]

Guys, does anyone have views on the alternatives I suggested in my post yesterday, eg conference call?

 

I completely understand why someone in MsJ's current mental state wouldn't want to attend, especially if the meeting could be some kind of ambush.

[elpulpo]

MsJ, sorry to digress, but Elpulpo what is a cazzito, if you can tell us in polite terms? I'm guessing it's not flattering!

 

Italian - A man with a 'small part'.

And I don't mean in a play.

[Ms_J]

Italian - A man with a 'small part'.

And I don't mean in a play.

 

LOL My OH was just trying to cheer me up and referred to him along those same lines!!

[Ms_J]

I have just got some info! One of the accusations related to me having something belonging to a client, I sent a letter stating that I did not etc. I was accused again today and decided to contact the person directly who informed me that they have their property back and have had so for 2 weeks!! They will provide a written statement of this. Will this help me any?

Also found out that someone else has been accussed of signing for mail etc and not passing it on but are not facing disciplinary action! I cannot prove this though unless I can get a copy of paper work stating this. My name was mentioned in this so could I request access to it?

[honeybee13]

Hi MsJ. The first point about the client's property sounds very good to me, but I'll wait for a guru to turn up to confirm one way or another. Good for you for pursuing it.

 

HB

[elpulpo]

Yeh. Get the written statement from the client. Don't tell tosspot though. Wait 'til he accuses you of doing it at the Disc.

tough to prove the second bit. subject access requests take a long time to obtain. Probably wouldn't be worth much anyway.

[Ms_J]

Yeh. Get the written statement from the client. Don't tell tosspot though. Wait 'til he accuses you of doing it at the Disc.

tough to prove the second bit. subject access requests take a long time to obtain. Probably wouldn't be worth much anyway.

 

I will do and I will not be telling HIM anything. I have thought about the disc and I really don't think I can go, I would be ill and I would end up being too much of a wreck to make any sense!

 

I thought that might be clutching at straws but I am intrigued! Why would this other person be escaping disc procedures, apparently they ended up handing over the letters....Surely that is a case of someone owning up and therefore they are guilty?! All he has is 2 signatures to say that I signed for letters and it has been decided that I am guilty!

Sorry for ranting!

[elpulpo]

Don't go then. You could write to him and say that as you are suffering from stress related illness because of his behaviour towards you, you're in no condition to attend in person. However, if he wishes to put his accusations to you in writing, you will respond in turn.

I still don't think you have to even face the disc. accusations fullstop.