been suspended for fraud and theft

[renegadeimp]

1) IT is 1 year. It is under consultation to become 2 years. http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/dismissal.htm

2) Employment Relations Act 1999 s.10 states that you can take a colleague or trade rep of your choosing into a meeting. Sure, you cant take a solicitor, unless in exceptional circumstances, but the trade rep doesnt even have to work for the same company, and the colleague can be any member of staff you like. If the management start to be vindictive to you because of your choice of representation, you have the right to escalate it to an employment tribunal.

3) There can be but it still doesnt overrule statutory rights UNLESS you have signed an explicit "opt out" contract. And even then a lot of these contracts are unlawful and statutory rights come into play.

 

 

We may disagree on some parts, but i post from my experience of being a union rep for a good few years and representing and winning dozens of cases over that time.

[fletch70]

I am sure you have defended many people as a trade union rep and do not doubt your experience.

Irrelevant as it is in this case, for anyone starting employment after April 2012 the time limit is 2 years. So that is the pivotal date.

 

All i was trying to point out was that statutory law over rules as a minimum your protection and to correct the assertion that you can take anybody you wish.

 

I am not arguing for the sake of it, just clarity

[becky2585]

Actually, neither of you are right on the qualifying period for unfair dismissal

 

For anyone employed before 6 April 2012, it remains one year. For anyone employed after this, it's now two years.

 

Plus, there's no point arguing over the right to be accompanied. As the OP had under a year's service, the employer doesn't have to follow any procedure at all, let alone offer the right to be accompanied, as the employee had no legal redress if they are refused.

[fletch70]

I do have a question, notamug suggests that the manager is being vindictive. Are their any other possible reasons,race,sex.creed,disability,sexual orientation. I am not suggesting you make false allegations just be aware.

[fletch70]

Becky all very true so it really is academic.

However the information provided may be of help to some people and it will soon be April 2013 so people who have only been enjoyed for a year will no longer be covered.

 

All the Op can hope is that such a big company has robust HR processes in place.

[renegadeimp]

I do have a question, notamug suggests that the manager is being vindictive. Are their any other possible reasons,race,sex.creed,disability,sexual orientation. I am not suggesting you make false allegations just be aware.

 

That a good question. I've reread the thread and we dont seem to be getting the full story.

[notamug]

I do have a question, notamug suggests that the manager is being vindictive. Are their any other possible reasons,race,sex.creed,disability,sexual orientation. I am not suggesting you make false allegations just be aware.

 

I am a homosexual male

[notamug]

I cannot get union representation until I have been a member of union for 13 weeks

[renegadeimp]

They must have changed it then. I know you used to be able to get it as and when needed.

 

However, as i mentioned before, you need to get this to as high as a manager in the business as possible. Even if it means contacting the CEO.

[fletch70]

So are there any homophobic undertone. Remember they do not need to be overt. I not being nosey just looking at alternatives.

What was the abuse you received from the customer as the company have a duty of care.

 

However i believe the worst thing we can do for our cause is scream homophobia when there is non.

[notamug]

I have never worked a shift with him as he took over after old manager got dismissed. Hes come in as a zero tolerence manager ive had issues when hes come in ongoing issues and hes using me to make an example

[fletch70]

Any updates?

[notamug]

Have just received invitation to disciplinary on monday and have contacted him stating its not enough time to prepare my defence

[renegadeimp]

You can suspend a disciplinary interview for up to 5 days in order to get a representative. Most people do this, so they can get a little more time to prepare their defence/evidence.

 

After that time has elapsed, the management can call you in regardless, and get a rep of their own choosing.

[fletch70]

Good for you notamug. Renegade genuine question is that 5 days or 5 working days. If working days and you work on a 7 day total how does that go?

 

Not trying to catch you out,real question

[notamug]

They have not included my email statement in disciplinary pack

[notamug]

I have today emailed headoffice hr requesting a review on investigation due to managers impatiabillity and my email was sent back to me stating from**** can you please address and reply. Hr had only sent my email onto him but accidently sent to me.

 

So I replied

 

Isit really company policy that a manager investigates his own investigations. And how can he address the fact he refused to accept my prepared statement. Could you please direct email to an authorized person in hr who has authority to sort this farce.

[Emmzzi]

You appear to think hr work for people other than management....

[notamug]

Also this incident £2.90 was on a saturday. The report he sent mr shows a till loss of 28.42 on friday and 39.74 on thursday so I emailed him to ask can you confirm weather or not these have been investigated or am I being victimised against as part of your ongoing personal vandetta and also this incident occured on the saturday and the till was down 2.94 yet it was up 3.03 on sunday.Mant thanks*

 

His reply was any other losses are private and confidential and do not concern you

[notamug]

The hr lady has been lovely up until now

[notamug]

You appear to think hr work for people other than management....

 

Please explain

[Emmzzi]

They haven't asked him to investigate. They have asked him address ie his opinion. Hr exist to let the business do what it needs to and hopefully legally. Ifathe business has decided you must go hr will advise on the most expedient route to do that within the law while of course keeping you sweet. Assume you are on your own. That is why I always suggest joining a union!

[notamug]

Please see below from J****, please can you look into and respond accordingly.*

 

Would you say that means respond to me or directly to her

[notamug]

That's the email exact

[Emmzzi]

To hr I'd say. But am not psychic...