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I need help with a grievance...

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  • I need help with a grievance...

    In Oct 2009 I had a neck injury (2 slipped discs!) and required some physio. My physio recommended I asked my manager for an ergonomic assessment to see if my work station was suitable, as she felt it was perhaps too high. I had the assessment in Jan 10.
    The report was recommending some simple changes such as anti fatigue matting, a special stool and that I mustn't be at one task for more than a given time, to limit my repetitive strain symptoms and to keep my neck mobilised. Nothing to hectic.

    Nothing was done. I asked for some help and when they were going to impliment the requirements. I was told that they couldn't carry out the requirements in my branch and would I consider a move. I said I would think about it and asked if I could go and work a day in the branch they were suggesting. I hated it, it was so quiet. I was bored to tears. I explained this to my manager and she offered me another branch. In a town which I consider to be very unsafe, there is a very high crime rate etc. So I said no. Then I was offered a place out of my area, I said no. The travelling would have been to much. The manager then told me that things would have to get formal. I didn't quite understand why.

    I received a letter from head office saying there would be a formal meeting due to the ergonomic assessment findings, with a notetaker and I should have a witness present. I organised my witness, we prepped as much as possible. I had no idea why a formal meeting was necessary.
    On the day of the meeting the two managers arrived (my area manager and her manager). They spent two hours together, obviously discussing the meeting. Ten minutes before the meeting was due to commence the area manager came and asked me if I was ok coming into the meeting alone. I explained I was bringing a witness in, as advised by HO in the letter. She went off and came back 20 mins later with a new letter and said I had been given the wrong letter and it was an informal meeting so I wouldn't be able to have a witness. An informal meeting with a notetaker? I went into the meeting, confused and nervous.
    The meeting was formal. It was a long meeting. The upshot is that HO were using a mobility clause in a contract and they were transferring me to the branch in the high crime area. I stated that I don't have a contract, I have never seen one nor signed one. Therefore the clause doesn't exsist and as such I wouldn't be accepting the move. I was told there was no right of appeal, I had been transferred and from a weeks time I worked in the other branch. They told me the only thing I could do was to write a formal letter of grievance.

    I wrote the letter on 25th March and went off sick due to stress & anxiety. I am still off sick.

    I had a letter on 30th March, acknowledging my letter and that it would be handed to the manager and a meeting would be arranged as soon as possible.

    On the 14th April I received another letter (dated 9th April) saying that because I am off sick the meeting wont take place until I am back to work. It was a very strange letter because one paragraph said that I must contact HR by letter to clarify my intentions (if I wanted the meeting before I returned to work) and the paragraph below said I should ring before 16th April to clarify my intentions.
    I decided to write a letter and email it because my printer is broken. I sent the email on the 16th and it was delivered.

    I rang HR on Monday and was told someone would ring me back that afternoon, I have heard nothing.

    I have an assumption of the whole situation. I really don't think my transfer was anything to do with the assessment. They were just using this as a reason. I think this because there has been some shifts in the management team. A new manager was being brought in as the old one has moved to a branch closer to his home, he has 3 young children etc. The new manager is the area manager, she will be bringing a supervisor so there is always someone in authority in the premises. This change will take the store 20 hours over their alloted staffing budget and there will be a 20 hour hole in the store where the supervisor had been. This store is the store they have transferred me to........

    I work in a large pharmacy.

    Can anyone help me? ACAS have been fairly useful but they haven't really helped me greatly.

    Thanks for reading, I hope someone is still awake and able to help me.

  • #2
    Re: I need help with a grievance...

    Ooohh disability discrimination.

    Some questions:

    How long have you been employed there? You have seriously never received a contract of any sort? Do you have a copy of their grievance policy?
    Can you post up the letters they sent you (including the formal one) omit your personal info though, and the letters and emails that you have sent them please?
    Do they have an occupational health advisor, either internal or external and if so, have you ever been referred?

    Kind regards

    Comment


    • #3
      Re: I need help with a grievance...

      Hi Birdie,

      I don't have a scanner so I can't post them unless I type them, I can do if it helps.

      I've been employed there since June '08.

      I have no idea re the Occ health. I haven't been referred to anyone. I have been seeing a physio for my neck problems.

      I do have a copy of their Grievance Procedure, again due to no scanner I would have to type it up, its just half an A4 page and is very basic. They don't go into much detail, its very basic.

      I am so stressed and distressed by this. I actually feel like resigning. :cry:
      I also want my point heard but they aren't doing anything at all. Its 13 days now since I sent the email asking them to please arrange a hearing.
      ------------------------------- merged -------------------------------
      I have never had or seen a contract of any sort. They gave me a copy of the employee handbook at the meeting, because they referred to it (and were wrong because they said it contained information on the mobility clause, it doesn't!) and I said I had never seen this either.

      I have no contract whatsoever.
      Last edited by superflylady; 29th April 2010, 13:59:PM. Reason: Automerged Doublepost

      Comment


      • #4
        Re: I need help with a grievance...

        Hi Superflylady and Birdie

        I’m not sure it is disability discrimination, as the long term effect of an impairment on your day to day living must be, or must be likely to be, at least 12 months. You would need expert medical advice on this.

        If you want to protect your position in relation to everything else, the first thing I would say to you is to get some proper legal advice – go to a law centre, a Citizens Advice Bureau or a local solicitor. The Law Centre or CAB are obviously the cheaper of the two and can give you a lot more practical help than ACAS. You could take in all your documents and it down and talk to someone for an hour.

        As I read your story, you have a persistent medical condition and when you informed your employer of the condition, your employer proposed that you changed location in order to comply with it’s Health and Safety Regs. You had no problem with this, but when the three possible locations were proposed to you, you did not want to go to any of them. A meeting was held (which may have been procedurally incorrect) and you were told that your employer intended to enforce a mobility clause in your contract. You say you have never been given an employment contract, or had sight of any such contract. Whether you sign an employment contract or not is irrelevant. Does your employer accept that you were never given a contract? If so, then the move may be in breach of your employment contract (although this is complex area as you may have agreed to a mobility clause by considering the moves when first proposed). If your employer has made a fundamental breach of your contract it will allow you to claim constructive dismissal (if you have worked for your current employer for more than one year, this may also be unfair dismissal). If you want to find out more about the basics on constructive dismissal/unfair dismissal then look at www.employmentlaw.co.uk or www.employmentsolicitors.co.uk .

        Basically, in order to claim constructive dismissal you must act promptly after the employer’s breach of your contract – so get yourself down to the local law centre or CAB and find out more to ensure that you can act in time if you want to reserve the right to bring a claim!

        Good luck

        Comment


        • #5
          Re: I need help with a grievance...

          It may be the case that your employers have performed their duty of care in offering you alternative employment to suit your 'disability' to enable you to continue working. That you turned down three alternatives offered could work against you, although there is a strong argument that the employer didnt follow the initial advice following the assessment and that the recommendations from the assessment were reasonable, and transferring you away from the area etc was an unreasonable response.

          I'm presuming the injury wasnt sustained directly as a result of work ? If it was then that will place more liability on the employer which would also work in your favour.

          Did you manage to get some further advice / support from ACAS / CAB ?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: I need help with a grievance...

            Thanks for all the advice and comments. I now have a solicitor on my side so I'm hopeful for closure asap.

            Comment

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