unfair treatment at work

[fivethumbsfrank]

Re: unfair treatment at work

Wow you guys are awesome thanks so much, would you believe my employer really believes they are in the clear on all this, the minimum wage thing for 'nightwatchmen' allowed to sleep is a grey area re- minimum wage, I am employed as a support worker and required to be 'on the premises' to attend any issues that may arise therefore I am clearly not in that grey area especially as I am lone working, and responsible for the care of the residents,....and myself it seems as there has been no risk assessment. also sleeping provisions provided are seriously inadequate. I should have known this because in my previous job [similar field] I had to implement risk assessments etc.

I think they are under the impression that because they are a 'charity' they can do as they please. I don't even see how they call themselves a charity because they charge the going rate for accommodation. giving nothing away for free.

[shell]

Re: unfair treatment at work

So if something happens during the period you are not paid, are you expected to work for nothing?

[teaboy2]

Re: unfair treatment at work

So if something happens during the period you are not paid, are you expected to work for nothing?

It sounds like that Shell. Anyway even if he is sleeping, hes still on the premises and still therefore acting as nightwatchman and should be paid for all hours he is on the premises.
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Wow you guys are awesome thanks so much, would you believe my employer really believes they are in the clear on all this, the minimum wage thing for 'nightwatchmen' allowed to sleep is a grey area re- minimum wage, I am employed as a support worker and required to be 'on the premises' to attend any issues that may arise therefore I am clearly not in that grey area especially as I am lone working, and responsible for the care of the residents,....and myself it seems as there has been no risk assessment. also sleeping provisions provided are seriously inadequate. I should have known this because in my previous job [similar field] I had to implement risk assessments etc.

I think they are under the impression that because they are a 'charity' they can do as they please. I don't even see how they call themselves a charity because they charge the going rate for accommodation. giving nothing away for free.

Just add it to the list of othe issue in your letter before action, the more ammo the better as they say. Well maybe its not what they say, but it sure helps to have a loaded gun ready to fire back when the enemy starts shoting lol.

[bluebottle]

Re: unfair treatment at work

Firstly, contact the Arbitration Conciliation & Advisory Services (ACAS) for advice. I've used them in the past and they are very good, as well as impartial. Also, check your house contents insurance policy. A lot of them, these days, provide up to Ł50,000 cover for legal costs to pursue a case at an Employment Tribunal.

From what you've said, you've got employers from hell. I'm afraid the charity sector is the No.1 employment sector for workplace bullying.

You might wish to run the Protection from Harassment Act 1997 past a solicitor (ACAS mention this Act in cases of bullying). There is also case law - Mjrowski - v - Guys and St Thomas's NHS Trust 2005 - which makes an employer vicariously liable for acts amounting to harassment - bullying is a form of harassment - and damages can be awarded against both bully/bullies and the employer. This happened in the recent case involving the doctor in Wakefield who was awarded Ł4.1m in damages, some of which has to be paid by individuals responsible for the bullying the poor doctor endured.

I wish you every success in obtaining justice.

[Shadowcat]

Re: unfair treatment at work

So sorry to hear about your problems and understand how you feel about fighting for what's right but at the same time having to take a leap of faith that another job will come along.

The replies above are brilliant as ever, and you'll find a lot of strength from the advice and guidance here, as well as organising your thoughts into which course of action to take next.

Please stay on Legal Beagles so that we know what happens and if you have moments of doubt you can share them and continue to ask for advice from such wonderful and switched on people as those above.

Good luck.


Shadowcat.

[fivethumbsfrank]

Re: unfair treatment at work

Thanks again everyone, I'm going to draft a letter in the morning in word format. am I permitted to attach it here for you guys [Teaboy maybe] to give it a once over before I post it and advise any corrections that may be needed?

I want to get it right and be sure I haven't missed anything.

[teaboy2]

Re: unfair treatment at work

Thanks again everyone, I'm going to draft a letter in the morning in word format. am I permitted to attach it here for you guys [Teaboy maybe] to give it a once over before I post it and advise any corrections that may be needed?

I want to get it right and be sure I haven't missed anything.

Hi Fivethumbs,

Yes feel free to post it up here for us all to give it a once over and advise you of any changes to make if needed.

Also bluebottle - thanks for your very useful and informative post and welcome to Legal Beagles too. Its always nice to see new members contributing with such knowlegable and informative post that are very useful.

[fivethumbsfrank]

Re: unfair treatment at work

Hi guys please find attached the letter [doc. 97-2003 format] I have compiled following your advice/ suggestions. I decided not to mention constructive dismissal at this point, that can come depending upon their response to this. please advise on any corrections or deletions of info you may feel need to be made. I really do value and appreciate all your input this far.

Martin.

Edit: I need to jiggle some of that around but the basic context is there.

>File Removed due to sensitive information<CB>

file edited and re uploaded thanks for the notice.

[Shadowcat]

Re: unfair treatment at work

Teaboy, I'm just working my way through this letter and have put in a couple of amendments starting with the replacement 'contract' as conditions. Want to make the letter sound 'colder' if you know what I mean.

I'm down to where it is stated that the OP wants back pay and he makes a comment about working alone. Again, looking to take any emotion out for OP should the working alone point be made separately and is this a contravention of Health and Safety or alternatively, what is the Act this contravenes (if there is one).

It's a good letter fivethumbsfrank, just needs a tweak here and there. I will continue to read it in between doing bits and pieces here.


Shadowcat.

[fivethumbsfrank]

Re: unfair treatment at work

Teaboy, I'm just working my way through this letter and have put in a couple of amendments starting with the replacement 'contract' as conditions. Want to make the letter sound 'colder' if you know what I mean.

I'm down to where it is stated that the OP wants back pay and he makes a comment about working alone. Again, looking to take any emotion out for OP should the working alone point be made separately and is this a contravention of Health and Safety or alternatively, what is the Act this contravenes (if there is one).

It's a good letter fivethumbsfrank, just needs a tweak here and there. I will continue to read it in between doing bits and pieces here.


Shadowcat.

Thank you I realize its a bit dis jointed at the moment. I appreciate your help.

[Shadowcat]

Re: unfair treatment at work

No, it's a brilliant letter, you've got all the facts down and that's the hard bit. Tweaking it for officialdom is easy. Companies like to see a bit of emotion, they look on it as a weakness and it gives them an upper hand, it's all about the psychology of putting yourself on a level with them.

I remember I once had a meeting about lack of work (earnings) in my job, it was while my daughter was at university so it was a big deal as I was giving her a little bit of money. I said "But my daughter's at uni" and I remember it made me a bit tearful, straight away one of the managers said "Well, I can see you're getting emotional so maybe you ought to go home and just make sure you feel better". It soon made me dry my eyes because I had to say "No, I'm not getting emotional and I want to stay and talk about this (work) situation". It was a lesson I never forgot and if faced with another official situation would leave my emotions at the door.

Like I say, you've done to hardest bit and that's getting some order of what you need to say.

Regarding the lone working, I would assume a risk assessment was conducted to arrive at this being safe to do. Therefore, it may be better to say somewhere in the letter that

"as I am left alone during your hours of work, a risk assessment for the safety of this would have been carried out, I would like to seek your reassurance that a such an assessment did take place".

If it's scattered in amongst other text it'll hit hard enough but not such a large point that they can put it on a troublemaker list.

I'll look for somewhere to put it in.

Shadowcat.

[fivethumbsfrank]

Re: unfair treatment at work

No, it's a brilliant letter, you've got all the facts down and that's the hard bit. Tweaking it for officialdom is easy. Companies like to see a bit of emotion, they look on it as a weakness and it gives them an upper hand, it's all about the psychology of putting yourself on a level with them.

I remember I once had a meeting about lack of work (earnings) in my job, it was while my daughter was at university so it was a big deal as I was giving her a little bit of money. I said "But my daughter's at uni" and I remember it made me a bit tearful, straight away one of the managers said "Well, I can see you're getting emotional so maybe you ought to go home and just make sure you feel better". It soon made me dry my eyes because I had to say "No, I'm not getting emotional and I want to stay and talk about this (work) situation". It was a lesson I never forgot and if faced with another official situation would leave my emotions at the door.

Like I say, you've done to hardest bit and that's getting some order of what you need to say.

Regarding the lone working, I would assume a risk assessment was conducted to arrive at this being safe to do. Therefore, it may be better to say somewhere in the letter that

"as I am left alone during your hours of work, a risk assessment for the safety of this would have been carried out, I would like to seek your reassurance that a such an assessment did take place".

If it's scattered in amongst other text it'll hit hard enough but not such a large point that they can put it on a troublemaker list.

I'll look for somewhere to put it in.

Shadowcat.

Very good points I have amended a little and re uploaded the file removing names etc...

[Shadowcat]

Re: unfair treatment at work

Yes, I was going to say I'll work on the one without details and should have said when you put something on take details out. I've done that myself in the past, easily done. I have also erased my memory..... well, that does it itself so no worries there


Shads.
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Oh and for the mods - I have not saved the original copy, it is no more. Will work on the new copy when it comes through.

S.

[fivethumbsfrank]

Re: unfair treatment at work

amended draft is now uploaded in post 23.

[Shadowcat]

Re: unfair treatment at work

Can I say sorry to mods for me being such an idiot. However, it just goes to show that LB is running it's board efficiently and ensures the rules are kept and people given guidance.


S.