unfair treatment at work

[Shadowcat]

Re: unfair treatment at work

About time I stopped being a rebel and conformed so just trying out new signature.

Will post later fivethumbs as I'm re-reading your letter.

[Shadowcat]

Re: unfair treatment at work

Hi fivethumbs, only a couple of tweaks but ultimately, it's your letter so you have to agree to it. I'll leave it with you and anyone else who wants to look. I've left your wording in the main because it's your complaint. Added the risk assessment, capitalised and changed minor words. All points kept the same factually with meanings unchanged.

[fivethumbsfrank]

Re: unfair treatment at work

Hi fivethumbs, only a couple of tweaks but ultimately, it's your letter so you have to agree to it. I'll leave it with you and anyone else who wants to look. I've left your wording in the main because it's your complaint. Added the risk assessment, capitalised and changed minor words. All points kept the same factually with meanings unchanged.

[ATTACH]5910[/ATTACH]

Excellent! that's fantastic, thank you so much its certainly a bit more coherent than my original and far more business like.

I think I will post this off in the morning, do you think I should add at the end that if on the advice of my legal advisor that if my overdue grievances are not dealt with properly I will have no choice but to refer it to a tribunal.?

[Shadowcat]

Re: unfair treatment at work

Was it on the advice of your legal advisor? If not, I'd stick to 100% facts and if you haven't sought that advice take advantage of first half-hour/hour free with a local employment solicitor and take along a copy of the letter, you can always add "I will be seeking the advice of a legal advisor to enquire about my next course of action should my overdue grievances not be dealt with satisfactorily".

Or phone ACAS and if they give an opinion on the phone, change the wording to "on the advice of ACAS".

I'm a stickler for facts, it always gives me the moral highground.

[fivethumbsfrank]

Re: unfair treatment at work

Was it on the advice of your legal advisor? If not, I'd stick to 100% facts and if you haven't sought that advice take advantage of first half-hour/hour free with a local employment solicitor and take along a copy of the letter, you can always add "I will be seeking the advice of a legal advisor to enquire about my next course of action should my overdue grievances not be dealt with satisfactorily".

Or phone ACAS and if they give an opinion on the phone, change the wording to "on the advice of ACAS".

I'm a stickler for facts, it always gives me the moral highground.

Yeah I did the free half hour thing ...it rolled into an hour the guy was getting a bit twitchy, but he said he would take it on a no win no fee, if I included constructive dismissal, financially I can't take the risk right now but I will if this doesn't get their backsides into gear!

thnx again!

[Shadowcat]

Re: unfair treatment at work

I personally would be wary of the 'T' word (tribuneral). They'll know that's a possibility and your aim is to keep the job without it being made untenable but at the same time ensuring you don't experience any unfair treatment for raising these grievances - if you do then such treatment would add to your reasons to take it to Tribuneral if you so decide.

If you don't already, keep a diary that notes everything that happens from now so that if you do feel you are being treated unfairly due to the grievances raised you can quote examples.

[charitynjw]

Re: unfair treatment at work

I personally would be wary of the 'T' word (tribuneral). They'll know that's a possibility and your aim is to keep the job without it being made untenable but at the same time ensuring you don't experience any unfair treatment for raising these grievances - if you do then such treatment would add to your reasons to take it to Tribuneral if you so decide.

If you don't already, keep a diary that notes everything that happens from now so that if you do feel you are being treated unfairly due to the grievances raised you can quote examples.

100% with Shadowcat on this!

Thing is, there is no judging of morals in an Employment Tribunal.
If you have been wronged, & successfully prove the fact, you will be awarded compensation in accordance with a table of payments.
The employer, or more likely their solicitors, will try to stop that from occurring.
That's their job - nothing personal!
But for the 'wronged' party, separating emotions fom facts is extremely difficult.
That said, the median award for unfair dismissal last year was about Ł4.5k

[Shadowcat]

Re: unfair treatment at work

Absolutely charity - cold and logical is the way to go. Fivethumbs can come on here to do the screaming, we're happy to listen as we've all done that at some point.

Fivethumbs, if you have any other issues worrying you regarding creditors, have a float round the board and gather some ideas to deal with them while this is going on.

You'll get there.

[fivethumbsfrank]

Re: unfair treatment at work

Thanks guys I have compiled the letter based on Shadowcats draft and am sending it off today, just a few minor adjustments. Hopefully they will respond with wisdom rather than greed and pay me what I am clearly entitled to. Yes the employer is a nightmare but the job itself [the people] is good for my soul, plus while I am there I am my own boss so to speak.

My motto is 'Principles before personalities' the way this place is run is more like 'personalities before principles' it really doesn't need to be that way. It leaves me unhappy and the people this company has a duty of care towards do not feel happy or safe.

The incompetence is staggering, they lost their supporting people grant 2 years ago because of incompetence,

anyway I digress and feelings are not facts you guys are so right but it's very difficult to separate the two sometimes so thanks for highlighting that and for helping me to do that.

Martin.

[bluebottle]

Re: unfair treatment at work

I have looked through your letter and from what I have seen, your employer has broken just about every piece of employment legislation going. An employer is required, by law, to provide you with a response to any grievances, raised at a grievance meeting, within 28 days of that meeting. An Employment Tribunal can increase damages awarded against an employer for failure to comply with the correct statutory procedures.

I would certainly contact ACAS and seek up to date guidance from them. Please be aware that they offer a mediation service. They will be able to give you details of this when you contact them. Just ask.

Please bear in mind that under the Civil Procedures Rules 1998, you are legally required to take all reasonable steps to resolve any dispute between yourself and your employer before you are able to pursue the matter at an Employment Tribunal. These are the same rules that apply to civil claims in the Small Claims, County and High Court. In short, an Employment Tribunal is the very last resort when everything else has failed. Plaintiffs are no longer permitted to use the civil courts and statutory tribunals as a first line of attack and defendants can no longer force plaintiffs to issue proceedings in order to obtain details of any defence they intend to rely upon.

If you have not already done so, you might wish to speak to an employment solicitor or speak to your house contents insurer, if there is provision in your house contents policy to fund proceedings at an Employment Tribunal, and see if they are happy for you to speak to one on a "without obligation" basis to see if you have a case. Most solicitors offer a free 30-minute consultation. Contact some local to where you live.

[fivethumbsfrank]

Re: unfair treatment at work

I think I have given them every opportunity to do the right thing. they are just ignoring me hoping I will just drop it, thats why they came up with the feeble new contract instating the NMW. By doing that that have basically told me they have sought legal advice and have been told to instate nmw in the hope that this will placate me somehow.
The other night workers have signed it, therefore accepting terms. I will not sign it.

thanks for the advice bluebottle, they have now received the letter according to the royal mail tracking service so we will see how they respond to it, they have 28 days as you say then if I still get no response they will find themselves in court with damages on top of what they owe me.

If they decide to sack me for not agreeing to their contract, even better.

[Jennie wren]

Re: unfair treatment at work

Hi, i can see you have had some excellent advice here and I am absolutely disgusted by the way you are being treated by your employer. Your post has been very interesting to read and they obviously do not have a clue! They have broken all the rules in the book!Like many others have, I would advise you use ACAS. This will not cost you a penny and they are really good. Are 33 hours not classed as full time? I am not sure, however, you are entitled to 18.5 days(184.8 hours) holiday per year working on 33 hours per week, not 11 or 12. When you are sick you still accrue your holidays and they cannot take your holidays off you. Your contract does not have to be in writing, however, they should have provided you with a 'Written Statement' within 2 months of your employment. I hope you get this sorted and get what you are entitled to. Good luck!

[charitynjw]

Re: unfair treatment at work

Further to the above, once an ET1 (complaint form) is accepted by the Tribunal, it is now automatically sent by the Tribunal Case Management to ACAS, to explore whether resolution is possible by mediation.

[fivethumbsfrank]

Re: unfair treatment at work

According to their new contract, from 1/2/12 they want me to arrive at work an hour later....if I don't hear from them re my objections to that contract, should I just continue as I have always done and arrive at 9.30 and not 10.30 as their new contract states?

[charitynjw]

Re: unfair treatment at work

Hi ftf,

If you do just turn up at 10:30, you might, by action alone, be seen as affirming the new contract (or that term of it).
If it were me, & they insisted on 10:30, I would write to them (recorded delivery), saying that in doing so I am acting on their recent instruction, but it does not mean in doing so that I accept the new contract.