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Hi Ula
It may be better for me to give you my witness statement as this would be alot easier for you to understand, although I will convey that it is at least 28 pages long.
If you would rather me clarify briefly on here then please find below.
Background:
1. I was employed as a driver in october 2014 as a driver. I was employed by an agency.
2. I was employed directly by the respondent on or around 28th december 2014 and presented with a contract. "Contract A"
3. I was given an additional role as a office administrator "office" in may 2017. I shared the role with a colleague who I will name as Billy.
4. I was given an additional role as deputy drivers supervisor "supervisor" at the end of june 2018. A meeting was set up. The meeting included myself, Billy and my boss.
5. In the meeting I was told that I would be sharing this role with Billy. Having not had the opportunity to be promoted on my own, I protested against this and was very vocal.
6. The respondent has acknowledged this in their defence.
7. The respondent had also acknowledged in their defence that the roles terms were conveyed verbally and they felt that I had completely understood and that they did not see any reason to reiterate the terms.
8. No written confirmation was given.
9. My boss then said that the role would be on a trial basis. No length of trial period was communicated.
10. Shortly after this meeting I was told by HR that i would be receiving an amended contract that would include 2 additional roles. "Contract B"
11. HR at this point did not specify if the contract would include the trial. I will touch up on this later.
12. I started the first day of this new role on or around 5th july 2018 and worked for about a month, on a bi-weekly basis.
13. Due to the primary supervisor being off on holiday, myself and billy was due to take over for the week and we should do 3 days each.
14. Due to being short staffed we was taken off the role and was told we would be performing our primary duties as driver.
15. A salaried member of staff would replace us for the week.
16. On August 15th I contacted HR and asked for further clarification of terms of the supervisor role in the contract allegedly in development.
17. My boss summoned me to a private meeting and I was told that if I contacted HR again in regards to the contract, I would be ostracized.
18. Another meeting was set up to address my conduct. My boss has praised me for my hard work as the supervisor but then reiterated that when I wasn't supervisor, i was just a driver and I should act like it as Billy felt that I was being contentious in challenging him in allowing products to leave the premises without an invoice.
19. My boss in this meeting told me that I would not be receiving an amended contract as the role is a trial and it isn't necessary. I disagreed.
20. A special arrangement was also withdrawn where I would still receive the upgraded pay even if i was removed from the additionl role due to being short staffed. Presumably to reinforce their belief that I should act in accordance with the role I was performing.
21. On 5th october A third meeting was set up by myself to address the trial terms. My boss would not tell me the terms and he began to get very annoyed.
22. I asked HR to attend this meeting and the HR manager told me infront of my boss that it was their intention to provide an amended contract before my boss had intervened.
23. I was not happy that my boss had stopped me from having an amended contract even though it was HRs intention to do so.
24. I told my boss that I believed his actions had amounted to a breach of the mutual trust and confidence. His exact words were "I'll tell you what, take it to the law".
25. After further confrontation I asserted to my boss that he would bully me no further.
26. In response to this I was dismissed from my supervisor role without notice or procedure.
27. I immedietly resigned by way of constructive dismissal infront of my boss and HR and I left the premises.
28. I was contacted shortly after and I was asked to reconsider the claim for constructive dismissal as I would now be provided with an amended contract and re-engaged as supervisor.
29. I said that I would consider the respondents contract but would work under protest. However i did not present this in writing. I continued to work as supervisor as scheduled.
30. I was provided with an amended contract and two job descriptions. One for each additional role.
31. The amended contract is dated 12 october 2018 and signed by HR. "Contract C"
32. The job descriptions are signed and dated 10th october 2018.
33. The respondent appears with the intent to create legal relations by sticking a note on the contract that says "please sign and return one contract and both job descriptions".
34. A clause indicating the companys contractual obligation to extend the probationary period after starting with the company was removed.
35. Also the start date of my commencement with the employer was brought forward by 3 months, my time employed by the agency now counted towards my continuous employment.
36. Another clause reads "you agreed to work in the office bi-weekly"
37. Another clause reads "on 16.07.18 you entered into a trial for 3 months as deputy drivers supervisor"
38. In the contract they had included the contractual obligation to give me the upgraded pay of any additional role if I had been removed from it due to being short staffed.
39. Rates of pay, expected schedule for work and other terms pursuant to s1 ERA had been included.
40. I immedietly contacted HR and my boss by email and I protested the trial clause. I made it clear that according to the clause, the trial had already concluded before they had presented the contract and I would not sign.
41. I was then ostensibly dismissed from the supervisor role for failing a 3 month trial on 20th october 2018.
42. Their reasoning was communicated to me by letter on the 24th october.
43. Their reasoning was capability. They felt that I did not have the maturity required to fulfill the supervisor role.
44. I attempted to contact the managing director to address the state of affairs. This was delegated back to my boss.
45. I immediately stopped working sundays for the respondent which I had worked for over a year, in continued protest.
46. A month later I attempted to resign from the office role in continued protest. I was talked out of it.
47. On 19th December 2018 I resigned entirely from the respondents business.
48. I gave 11 days notice and sited "professional differences and lack of opportunity"
49. As the respondent had actioned terms in contract C. They should have expected 1 months notice.
50. They did not protest to me giving only 11 days notice.
51. In their defence they have said explicitly that I was contractually obliged to give one weeks notice.
52. I have interpreted this as the respondent voluntarily rescinding or withdrawing contract C.
53. I have initiated my claim for being automatically unfairly dismissed for having repeatedly requested contract terms. The respondents defence is - no employment relations in regards to the supervisor role.
54. I have initiated my claim for constructive dismissal on the grounds of the respondents conduct. The respondents defence is - inferred acceptance/waived breach
55. The effective date of dismissal being 05 october 2018.
56. ACAS has allowed the claim.
57. After the respondent applying to strike out both claims, the arbitrator has ruled that mire fact finding is required.
58. The respondents defence mentions a 3 month trial commencing from 16.07.18.
Everything seen above has evidence. Either voice recorded in the public interest or written.
It may be better for me to give you my witness statement as this would be alot easier for you to understand, although I will convey that it is at least 28 pages long.
If you would rather me clarify briefly on here then please find below.
Background:
1. I was employed as a driver in october 2014 as a driver. I was employed by an agency.
2. I was employed directly by the respondent on or around 28th december 2014 and presented with a contract. "Contract A"
3. I was given an additional role as a office administrator "office" in may 2017. I shared the role with a colleague who I will name as Billy.
4. I was given an additional role as deputy drivers supervisor "supervisor" at the end of june 2018. A meeting was set up. The meeting included myself, Billy and my boss.
5. In the meeting I was told that I would be sharing this role with Billy. Having not had the opportunity to be promoted on my own, I protested against this and was very vocal.
6. The respondent has acknowledged this in their defence.
7. The respondent had also acknowledged in their defence that the roles terms were conveyed verbally and they felt that I had completely understood and that they did not see any reason to reiterate the terms.
8. No written confirmation was given.
9. My boss then said that the role would be on a trial basis. No length of trial period was communicated.
10. Shortly after this meeting I was told by HR that i would be receiving an amended contract that would include 2 additional roles. "Contract B"
11. HR at this point did not specify if the contract would include the trial. I will touch up on this later.
12. I started the first day of this new role on or around 5th july 2018 and worked for about a month, on a bi-weekly basis.
13. Due to the primary supervisor being off on holiday, myself and billy was due to take over for the week and we should do 3 days each.
14. Due to being short staffed we was taken off the role and was told we would be performing our primary duties as driver.
15. A salaried member of staff would replace us for the week.
16. On August 15th I contacted HR and asked for further clarification of terms of the supervisor role in the contract allegedly in development.
17. My boss summoned me to a private meeting and I was told that if I contacted HR again in regards to the contract, I would be ostracized.
18. Another meeting was set up to address my conduct. My boss has praised me for my hard work as the supervisor but then reiterated that when I wasn't supervisor, i was just a driver and I should act like it as Billy felt that I was being contentious in challenging him in allowing products to leave the premises without an invoice.
19. My boss in this meeting told me that I would not be receiving an amended contract as the role is a trial and it isn't necessary. I disagreed.
20. A special arrangement was also withdrawn where I would still receive the upgraded pay even if i was removed from the additionl role due to being short staffed. Presumably to reinforce their belief that I should act in accordance with the role I was performing.
21. On 5th october A third meeting was set up by myself to address the trial terms. My boss would not tell me the terms and he began to get very annoyed.
22. I asked HR to attend this meeting and the HR manager told me infront of my boss that it was their intention to provide an amended contract before my boss had intervened.
23. I was not happy that my boss had stopped me from having an amended contract even though it was HRs intention to do so.
24. I told my boss that I believed his actions had amounted to a breach of the mutual trust and confidence. His exact words were "I'll tell you what, take it to the law".
25. After further confrontation I asserted to my boss that he would bully me no further.
26. In response to this I was dismissed from my supervisor role without notice or procedure.
27. I immedietly resigned by way of constructive dismissal infront of my boss and HR and I left the premises.
28. I was contacted shortly after and I was asked to reconsider the claim for constructive dismissal as I would now be provided with an amended contract and re-engaged as supervisor.
29. I said that I would consider the respondents contract but would work under protest. However i did not present this in writing. I continued to work as supervisor as scheduled.
30. I was provided with an amended contract and two job descriptions. One for each additional role.
31. The amended contract is dated 12 october 2018 and signed by HR. "Contract C"
32. The job descriptions are signed and dated 10th october 2018.
33. The respondent appears with the intent to create legal relations by sticking a note on the contract that says "please sign and return one contract and both job descriptions".
34. A clause indicating the companys contractual obligation to extend the probationary period after starting with the company was removed.
35. Also the start date of my commencement with the employer was brought forward by 3 months, my time employed by the agency now counted towards my continuous employment.
36. Another clause reads "you agreed to work in the office bi-weekly"
37. Another clause reads "on 16.07.18 you entered into a trial for 3 months as deputy drivers supervisor"
38. In the contract they had included the contractual obligation to give me the upgraded pay of any additional role if I had been removed from it due to being short staffed.
39. Rates of pay, expected schedule for work and other terms pursuant to s1 ERA had been included.
40. I immedietly contacted HR and my boss by email and I protested the trial clause. I made it clear that according to the clause, the trial had already concluded before they had presented the contract and I would not sign.
41. I was then ostensibly dismissed from the supervisor role for failing a 3 month trial on 20th october 2018.
42. Their reasoning was communicated to me by letter on the 24th october.
43. Their reasoning was capability. They felt that I did not have the maturity required to fulfill the supervisor role.
44. I attempted to contact the managing director to address the state of affairs. This was delegated back to my boss.
45. I immediately stopped working sundays for the respondent which I had worked for over a year, in continued protest.
46. A month later I attempted to resign from the office role in continued protest. I was talked out of it.
47. On 19th December 2018 I resigned entirely from the respondents business.
48. I gave 11 days notice and sited "professional differences and lack of opportunity"
49. As the respondent had actioned terms in contract C. They should have expected 1 months notice.
50. They did not protest to me giving only 11 days notice.
51. In their defence they have said explicitly that I was contractually obliged to give one weeks notice.
52. I have interpreted this as the respondent voluntarily rescinding or withdrawing contract C.
53. I have initiated my claim for being automatically unfairly dismissed for having repeatedly requested contract terms. The respondents defence is - no employment relations in regards to the supervisor role.
54. I have initiated my claim for constructive dismissal on the grounds of the respondents conduct. The respondents defence is - inferred acceptance/waived breach
55. The effective date of dismissal being 05 october 2018.
56. ACAS has allowed the claim.
57. After the respondent applying to strike out both claims, the arbitrator has ruled that mire fact finding is required.
58. The respondents defence mentions a 3 month trial commencing from 16.07.18.
Everything seen above has evidence. Either voice recorded in the public interest or written.
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