Urgent - Employment Issue (Disciplinary)

[Wethers82]

Hi All,

I have a work-related dilemma which as escalated over the last few months.

I apologise in advance as this is a little long-winded, but please bare with me because there’s alot to tell.

I work in a Sales role in the Food Service. My role is different to my colleagues as I'm the only one in a mobile position. This means I cover for maternity, sickness and vacant grounds. I live out of hotels 5 nights per week, Travelling down on a Sunday night and returning late on a Friday. Despite my contract stating working hours of Mon-Fri 9am-5pm they use the argument that they informed me of this at the interview stage, which they did however I did hope for some gratitude back for giving up my Sundays to travel down to a hotel for work.

In addition to this, I carry a mobile fridge in and out of my hotel room and into my car twice a day. I submit working expenses twice per week. Also, my role involves sampling foods with Chefs and due to the fact I live in hotels during the week, it makes things quite difficult for me. I either have to rely on a Hotel chef or force my way into the kitchen with a client whom I have not known very long. Everyone else can make their samples from home and bring to work with them on a daily basis.

I will be honest; I have found that this extra bit of work is like a job on top of my job, with the added fact I am away from home midweek. I don't get a full weekend which has often left me feeling drained.

I have also found my manager to be the Jekyll and Hyde type; she can be supportive in some ways but extremely unsupportive in other ways. For example; when I first raised concern of carrying a heavy printer in and out of my room twice a week her response was ‘well its only twice a week’.

Towards the end of last year, I’m ashamed to say, my performance slipped and I made a few mistakes which resulted in poor performance and failure to adhere to a particular health and safety procedure. I had a meeting with my manager where she brought forward these concerns and chastised me for my mistakes. The meeting was mainly negative with no signs of positive words to raise my morale. I was already devastated by my mistakes and felt that some words of motivation could have been given out to raise my mood. Unfortunately this didn’t happen and the day ended with me feeling very down and depressed.

Throughout my job I receive a good amount of scrutiny from my manager and I feel this adds to the pressure of the job.

Recently, due to fatigue, poor concentration and sleep problems, I have been off work with ‘Stress Related Problems’ and signed off by my doctor. I have been put on anti-depressants and had been off work for 7 weeks.

On my return I sat down and discussed my issues with my manager including lack of support, empathy and tactfulness. She seemed to accept her part and also pointed out ways that I can adapt to work better with her, which I accepted too. However, on the ‘Return to Work’ form she sent me, she includes my areas that I need to improve on, but not hers. Shouldn’t she be including this?

Finally, she asked me to stay home today as I’d be receiving a letter from HR regarding a formal meeting at Head Office. I have just received this letter and have noticed that the meeting is NOT to discuss my health, but to discuss my Poor Performance, Health and Safety breach and also Failure to follow my managers instructions. They state that the meeting will give me chance to present any information to support my case before a ‘Decision is Made’.

Correct me if I’m jumping to conclusions here but this seems like an attempt to force me out of the company. It happened to my ex-colleague a few months ago and they invited him to a similar hearing, ignored his view and dismissed him from his role with the company.

I’ve been here only 6months and feel distressed that they are taking this approach with me considering my recent health issues. It also is somewhat of a coincidence that they are now finding the time to bring up issues that have happened over 3 months ago.

I’m considering handing in my notice and appealing for what would be Constructive Dismissal in Mitigating Circumstance. But would appreciate any help and/or advice you can give me to support my attempt to take this to tribunal. I’m unsure whether I have a Union rep nor do I know how to find out.

Again, your help (as always) would be much appreciated.

Thanks!!!

[Emmzzi]

Hello,

 

you sound like this job does not suit you at all. I'm not sure you get constructive dismissal for what is simply a poor match. Sometimes things just don;t work out and there isn't always a claim.

 

You've been there for 6 months and off with stress for a third of that time. Personally I'd be inclined to take any reasonable settlement offered.

[Wethers82]

Thanks for the reply Emmzzi,

 

I agree it is a poor match but feel the company should have reacted in a more responsible manner. The outlay of the job was not clear from word go, meaning I was constantly having to change the process of the way I worked. Throughout this I was highly scrutinised leaving me with stress. I've returned only 1 week ago and they are trying to force me out due to an issue which happened (and was dealt with) almost 4 months ago. It seems a tremendous lack of compassion from them. I had hoped given my ill health that their rash behaviour would be easy enough to appeal against?

[Emmzzi]

you could if you wished insist on your contracted working hours. In a sales job I'm not sure that is realistic.

 

With your short length of service they don't need a reason to dismiss, but a H&S breach is as good an excuse as any.

 

In all honesty what I would actually do in your position is discuss a clean reference in return for your resignation. But that's me.