Employer requesting I visit head office

[maff81]

Hi please can someone help, I have been off work for 4 weeks now with a bad back, due to having to drive a machine which had little suspension which had been reported many times. I was told if I didn't drive said machine prior to my bad back I would be sacked. I drove machine for many hours during few days and it gave me a bad back.. I went to my doctor and he examined me said I had problems due to this machine, and signed me off for 2 weeks at a time. I was informed on Thursday last week someone from head office would come and give me a back to work interview as ive been off for over 3 weeks, which was in line with handbook. Then at 5pm on Friday afternoon I was informed that I would be expected to travel to Essex to see them as they couldn't find time to come and see me. I am not happy about this as it says nothing in handbook that I have to go to head office, it says at employees place of work. I would have to take 6 trains and a taxi which will cost in excess of over £100 return and I have already had to pay for my doctors note saying im fit for work. I have informed my supervisor that I will not be travelling and he said I will be sacked. Also there are a few other things I am concerned about, this company Blackwell Group took over previous company on a TUPE transfer and I was told they have to keep things the same, well they are changing things first the hours, now this, and its getting too much. I am also told if I do not do everybit of overtime I am breaching my contract, which was not correct so I never signed it nor did any of the other workers. I am always on time do most of the overtime and feel like I am being treated unfairly. My supervisor is no help he is only out for himself, speaks to me in a degrading and disgusting manner, he tells all the other empoyees business to everyone who will listen, most of the work force have had a run in with him. They have a HR dept who are not sub contracted by the company but they seem to be no help. I was told the machine had a vibrations test done on it the first day I went sick and they took it off site and all the documents to say it had been reported before have disappeared. What is right? regards, Maff

[Eloise01]

Re: Employer requesting I visit head office

Hi please can someone help, I have been off work for 4 weeks now with a bad back, due to having to drive a machine which had little suspension which had been reported many times. I was told if I didn't drive said machine prior to my bad back I would be sacked. I drove machine for many hours during few days and it gave me a bad back.. Sorry but does the machine in question breach safety regulations? If not, then the machine is what it is...

I went to my doctor and he examined me said I had problems due to this machine, and signed me off for 2 weeks at a time. If that is what your doctor said then it was a highly irresponsible thing for him to say. You may have a bad back. But he cannot say what caused it - he has only your word for that, and even you cannot prove a conclusive link because a bad back can arise for many reasons.

I was informed on Thursday last week someone from head office would come and give me a back to work interview as ive been off for over 3 weeks, which was in line with handbook. Then at 5pm on Friday afternoon I was informed that I would be expected to travel to Essex to see them as they couldn't find time to come and see me. I am not happy about this as it says nothing in handbook that I have to go to head office, it says at employees place of work. I would have to take 6 trains and a taxi which will cost in excess of over £100 return So have you asked the employer to pay for the journey?

and I have already had to pay for my doctors note saying im fit for work. Why? This should not be a chargeable service.

I have informed my supervisor that I will not be travelling and he said I will be sacked. You cannot be expected to pay for the journey, but it is their time and so you can reasonably be expected to go.

Also there are a few other things I am concerned about, this company Blackwell Group took over previous company on a TUPE transfer and I was told they have to keep things the same, well they are changing things first the hours, now this, and its getting too much. Conditions are protected at the point of transfer. It is a matter of relative ease to change them thereafter if the employer is careful.

I am also told if I do not do everybit of overtime I am breaching my contract, which was not correct so I never signed it nor did any of the other workers. Signing your contract is irrelevant. If you continued to work then the law says that you agreed to the contract.

I am always on time do most of the overtime and feel like I am being treated unfairly. My supervisor is no help he is only out for himself, speaks to me in a degrading and disgusting manner, he tells all the other empoyees business to everyone who will listen, most of the work force have had a run in with him. They have a HR dept who are not sub contracted by the company but they seem to be no help. I was told the machine had a vibrations test done on it the first day I went sick and they took it off site and all the documents to say it had been reported before have disappeared. What is right? regards, Maff And did you keep copies of the reports you submitted? Do you have any evidence that it failed the test?

How long have you worked in this employment - including before the TUPE transfer?

An HR department is not there to help you. They are employed by the employer to look after the employers interests. If the employees are unhappy and want someone who looks after their interests, then you all join a trades union.

[maff81]

Re: Employer requesting I visit head office

How long have you worked in this employment - including before the TUPE transfer?

An HR department is not there to help you. They are employed by the employer to look after the employers interests. If the employees are unhappy and want someone who looks after their interests, then you all join a trades union.

I have worked at same place of employment for almost 8 years. And it seems that its a case of put up or shut up I will get legal advice. The machine was at fault, it had a test done on it and it was sent away as it was deemed not fit for service and engineers report was that it should not of been used at all. My back was fine before and my doctor said the vibrations would of caused my back problem as he seen someone else with same problem due to that very machine. There is no union for our company. And I was informed by CAB that they cannot alter working conditions without consulting employees and tell them they have to do overtime or they will be sacked is against the law so they said. Not sure whats right or wrong.

[maff81]

Re: Employer requesting I visit head office

And when all the employees asked for new contracts as the ones submitted at point of tupe transfer were very different to what had been agreed the new employer refused what should I have done walk out and not have a job?

[jon1965]

Re: Employer requesting I visit head office

Maff please don't shoot the messenger.I didn't post because Eloise said it all. You will need to be able to prove your allegations.
As regarding head office, have you asked them to pay?.
Eloise wouldnt say it but i will. You couldnt afford the adviceshe gives. She may be straightforward but that is better than being all warm and fussy and giving bad advice

[Eloise01]

Re: Employer requesting I visit head office

And when all the employees asked for new contracts as the ones submitted at point of tupe transfer were very different to what had been agreed the new employer refused what should I have done walk out and not have a job?

I am sorry, but the answer that you should have refused in writing. And even that would not have been enough - the employer could have imposed the changes, and it is very unlikely that you could have stopped them. And yes, you would have been without a job.

With the greatest of respect as to what CAB are good at, they are rarely good at employment law because they don't have the specialists. Had you tried the changes the employer simply needed to tell you that they intended to impose it, serve you notice, and offer you the new contract. If you refused to take the contract you would have resigned, and you would have been unemployed. You could have tried to claim unfair dismissal even so. The odds would have been against you.

I don't make the law, and you certainly should get legal advice. But don't pay for it because you can spend a lot of money being told what you want to hear, and I am afraid that happens.

I will repeat. Your doctor has no evidence or medical authority to say what he did. He was taking your word for it. Neither he nor you can prove that the machine caused any injury. HE can't even prove you ever used the machine because he wasn't there!

I totally understand why you are angry. But that doesn't change facts. You carried on working, so you agreed to the contractual changes. That's the law. You have no evidence of personal injury. And the question you asked - yes you have to go where they tell you if they pay.

[Eloise01]

Re: Employer requesting I visit head office

Oh, to add. It is a legal right to join a union. Your employer has no say in it and never did.

[maff81]

Re: Employer requesting I visit head office

I am sorry, but the answer that you should have refused in writing. And even that would not have been enough - the employer could have imposed the changes, and it is very unlikely that you could have stopped them. And yes, you would have been without a job.

With the greatest of respect as to what CAB are good at, they are rarely good at employment law because they don't have the specialists. Had you tried the changes the employer simply needed to tell you that they intended to impose it, serve you notice, and offer you the new contract. If you refused to take the contract you would have resigned, and you would have been unemployed. You could have tried to claim unfair dismissal even so. The odds would have been against you.

I don't make the law, and you certainly should get legal advice. But don't pay for it because you can spend a lot of money being told what you want to hear, and I am afraid that happens.

I will repeat. Your doctor has no evidence or medical authority to say what he did. He was taking your word for it. Neither he nor you can prove that the machine caused any injury. HE can't even prove you ever used the machine because he wasn't there!

I totally understand why you are angry. But that doesn't change facts. You carried on working, so you agreed to the contractual changes. That's the law. You have no evidence of personal injury. And the question you asked - yes you have to go where they tell you if they pay.

Company will not pay for me to travel to Head Office so I wont be going. Let them sack me I did contact another site giving legal advice from ex solicitors and so on and there advice was slightly different. I shall wait and see but thank you for taking time to reply to my queries.

[Eloise01]

Re: Employer requesting I visit head office

Company will not pay for me to travel to Head Office so I wont be going. Let them sack me I did contact another site giving legal advice from ex solicitors and so on and there advice was slightly different. I shall wait and see but thank you for taking time to reply to my queries.

You checked that out between 3pm today and now? Because you didn't mention it before.

I am going to advise you to be VERY VERY careful before relying on legal advice on the internet. You have no idea who I am - you have no idea either who they are. You are playing with your employment here. And I am very certain as to my advice. Yu don't have to accept that - but do not ignore it.

PS - I would be very interested in the advice you have received from another site - an internet search does not bring it up. Can you post a link?

[jon1965]

Re: Employer requesting I visit head office

Maybe they are ex solicitors for a reason
Also I would say that anyone can say they are a lawyer on the internet, not only that but a wills and probate lawyer is hardly an expert on employment law and vice versa

[QueenAnne]

Re: Employer requesting I visit head office

Please Maff listen to these people, and don't take actual legal advice from anywhere, many solicitors offer free consultation in the first half hour. I only comment on this, and say this because I once got an absolutely wrong legal advice on the internet. Don't use certain site offering legal advice for £12 / month or something, unlimited questions... and such...

Just to give insight I once asked how to strike out a defendant who lies on court and tried to contact my vitness after evidence was sent to court. I was told to submit form. I was NOT told I cannot strike out defendant once a hearing is set, and it cost me £80. The judge bluntly told me it was stupid and that will not be refunded from Defendant. After that I searched it - silly me I found it in an hour, but it was more comfortable to rely on an advice than search. It was a basic rule and procedure. Still the "lawyer" who was supposed to be "specialised" in the field, did not know.

[maff81]

Re: Employer requesting I visit head office

knew that already just forgot to mention it as there is a lot going on. The people who gave me advice are people just like you and others on here its a forum with ex solicitors policemen etc. Not paying for advice or saying its wrong or right just few things were slightly different to response you gave. It feels like people are getting upset that I have taken advice from another, I actually asked both sites at similar times and was waiting for first response. They explained that it is not acceptable to expect my employer to want me to travel nearly 4 hours to head office wait there for 3 hours and travel back again another 4 hours and pay for it myself, they have already requested I get a doctor fit to work letter which I had to pay for. It seems from advice here that there is little I can do and it doesn't seem fair. I will not be paying for legal advice as I cannot afford it but was hoping that with the evidence I have during the last year with this company is enough to let them know I can do some damage and that they know I will forward it on to relevant people for investigation. I am grateful for any help and advice I am given. I am just a hard working person who keeps my head down, but feels like myself and my co workers are being taken advantage of and the company doesn't give a hoot if we are injured or told to use machinery that is faulty or dangerous. They would not use it so why should we.

[maff81]

Re: Employer requesting I visit head office

This site is ex solicitors and ex legal people etc is it not. And who mentioned wills and probate-not me!

[CleverClogs]

Re: Employer requesting I visit head office

knew that already just forgot to mention it as there is a lot going on. The people who gave me advice are people just like you and others on here its a forum with ex solicitors policemen etc. Not paying for advice or saying its wrong or right just few things were slightly different to response you gave. It feels like people are getting upset that I have taken advice from another, I actually asked both sites at similar times and was waiting for first response. They explained that it is not acceptable to expect my employer to want me to travel nearly 4 hours to head office wait there for 3 hours and travel back again another 4 hours and pay for it myself, they have already requested I get a doctor fit to work letter which I had to pay for. It seems from advice here that there is little I can do and it doesn't seem fair. I will not be paying for legal advice as I cannot afford it but was hoping that with the evidence I have during the last year with this company is enough to let them know I can do some damage and that they know I will forward it on to relevant people for investigation. I am grateful for any help and advice I am given. I am just a hard working person who keeps my head down, but feels like myself and my co workers are being taken advantage of and the company doesn't give a hoot if we are injured or told to use machinery that is faulty or dangerous. They would not use it so why should we.

I do hope you'll be happier in your next job.

[Inca]

Re: Employer requesting I visit head office

Maff....You may well feel 'wronged' by your company,,and theoretically you may feel they are riding roughshod over you,,but that's only your opinion..and opinions aren't LAW..and you have had the LAW explained to you very clearly..it doesn't make it right..but it's LAW.
I would also tread carefully re your Dr.....he may not appreciate you quoting him as stating the machine DEFINITELY caused your and others injuries..has he seen the machine? had it inspected?
LegalBeagles is a consumer forum with posters from every walk of life,,some trained in a specific area,,others not.
You happen to have had advice (and very good advice) from an Employment Law Barrister,,it's the best you can get..for free and I would take notice of it if I were you.