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Thinking of resigning

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  • Thinking of resigning

    I am due to return to work for a large utility company, I’ve been off sick with stress,since a disciplinary hearing. Ive been working for this company for 5yrs,since I was tuped,so my contract is different to everyone elses. Ive been victimised by a fellow worker,but thought I could deal with it. His tales to management have been fuelled by there response of total support for him. Part of my tupe contract gave me a lodging allowance,my residential address has never changed,I have lodged with work mates and friends,always returning home at weekends,my mother has parkinsons disease. I share her care with my brother.


    In January I changed my lodgings twice. I have never been required to report changes,and on this occasion my workmate informed my line manager,from whom I faced a tirade on arrival at work,he didn’t ask me were I was staying,but stated he had been told and I was outside the companys allowed boundary by 1/2mile my lodging allowance had been removed forthwith.
    He told me to sort it out with HR I asked for a copy of my contract ,it was to take six months and 3 asks, arriving only just before my disciplinary meeting,it contained nothing about boundaries. I asked and was told there was more of the contract but to much to print out. The allowance had stopped in January and HR wrote informing me 3weeks after it was stopped no discussion no contract viewed despite my requests.
    I pursued eventuallyJune it was reinstated and back dated the proviso being ,I moved that1/2mile into lodge zone,still had not seen it in writing. Having to support my lodgings unexpectedly meant I had some direct debits returned bank charges incurred and now I find my credit rating damaged.


    Other events overtook my clutch failed, I was late for work twice that week,first time I got the car going and immediately,booked in for repair. Normally they would loan a work vehicle,but not to me. So next day clutch failed completely and vehicle had to be recovered. I was interrogated like a criminal,what time did I leave home,shouldn’t I have left sooner knowing my vehicle had problems how far did I have to walk. Iwas disciplined and given a final written warning for this,but not before being suspended by phone on my day off accused of gross misconduct supposedly sunbathing while everyone was working it just wasn’t true and I wasn’t allowed to give account .Records are kept and available but totally ignored was the fact that I had done more work than anyone else that day and most other days .Suspended by phone accused by the same person who reported my lodging,fair impartial investigation didn't follow ,statement only from accuser and it was a complete assassination of my character. They thanked him for his honesty and how difficult it must have been for him. I got no support whatsoever. My line manger now travels 2 1/2 hours oncefortnight to see me,he spends 5minutes with me. Im due to return towork next week,no lodge allowance so face 3 to 4hour commute eachday,and I ive been told I am 5 minutes late I will be sacked,I’ve lost all trust and faith ,I don’t want to go back,I cant face it.There are other issues welfare and health and safety which I raised as potential grievance,but never formally submitted. I don't know what to do.
    Last edited by nomis; 31st October 2013, 07:27:AM.
    Tags: None

  • #2
    Re: Thinking of resigning

    god I thought our place was bad!!!!! there are plenty of good folk on here that will advise you and I wish u all the luck in the world!!!!!

    Comment


    • #3
      Re: Thinking of resigning

      Thanks appreciate you commenting

      Comment


      • #4
        Re: Thinking of resigning

        Are you a member of a union? If not,,do so straight away.
        I'd also give ACAS a ring 08457474747.

        Comment


        • #5
          Re: Thinking of resigning

          Hi nomis & welcome to Legal Beagles.

          Could you give some actual dates? (Disciplinary, suspension, grievance etc)

          Were you informed in writing of the disciplinary?
          If so, were you made aware of your right to be accompanied?
          Are your employers aware of your mother's illness? (Note to myself -Associative discrimination)
          Are you currently being paid?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Thinking of resigning

            Thanks Nobby..in my head I had asked all the pertinent questions,,sadly my brain and my fingers cannot work in unison until I have been awake at least 2 hours
            I knew you'd come along and mop up for me and I'm grateful xxx

            Comment


            • #7
              Re: Thinking of resigning

              I was suspended by a telephone call to my mobile on 4th of June ,a photograph was taken by a workmate and given to my line manager.I have the copy that was given to me.He had shown it to his manager,and they had decided the allegations and picture constituted gross misconduct .I was not to talk to anyone associated with work nor attend the workplace unless invited.Suspension was on full pay..
              On 6th June I received a letter confirming suspension on full pay pending investigation prior to a meeting to investigate facts,I would be allowed the opportunity to be accompanied by a union rep.
              Fact finding meeting took place on 25th June followed by disciplinary 11th July
              Only 2 witness statements were taken[those making the accusation]11th and 13th June witness statements.I complained and 2 further statements were obtained on 3rd July,that disputed allegations against me.
              Yes the are aware of my mothers illness

              Comment


              • #8
                Re: Thinking of resigning

                Wait, are you saying your workmate had you under surveillance? Were was the photo of you taken, at your home (outside your home or lodgings), during your own time (not work time) etc? It may not be anything, but its important we no the full story about this photograph and why the other employee had taken it! Does the photo relate to you being disciplined for an alleged breach of contract in regards to your lodgings, when no such term actually existed in the contract you were given?
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment


                • #9
                  Re: Thinking of resigning

                  Sorry and thanks for asking the question, I didn't make it clear.The picture was taken in my lunch break .It was a hot day 20 degrees plus, I wear very heavy protective clothing,I had climbed and cut six tree spans,I removed my shirt and boots and ate my lunch,I lay back on the cab roof for about ten minutes, it was very hot to hot in the cab,theres no air conditioning.Its common practice,to do this.The vehicle is the only facility we have in the field,to rest and change in.We don't all take lunch together,perhaps on very rare occasions.A workmate took the picture of me and showed it to the line manager,no approach was made to me, at any time regarding my behaviour or action on site,no other pictures were taken.it was later added that there were women and children and public dignitaries in the area,who may have seen me,nothing was said to me at the scene,I was unaware that a picture was taken my head is turned away.First I new was the call to my mobile next day.

                  Comment


                  • #10
                    Re: Thinking of resigning

                    Hi nomis,

                    A major obstacle here is that, if the incident you are complaining about is the suspension, I'm afraid you are out of time; the cut-off for an Employment Tribunal claim is 3 months starting from the cause of action.
                    Occasionally the Tribunal will allow an extention if it is considered fair to do so, but this is very much an exception.

                    There are, however, cases where one event has had a knock-on effect, one thing leading directly to another until there is a 'final straw'
                    act which then results in the claim taking place; the events are linked, & the final act is then within the relevant 3 month deadline.
                    It would be for the Tribunal to decide whether this is so.

                    Also I don't know whether you have been made aware of the new Tribunal fees?
                    https://www.gov.uk/government/public...-tribunal-fees
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Thinking of resigning

                      Thanks,I am more concerned about a reference,Im going to apply for other jobs.The disciplinay was the final straw,I spiked my foot right through and they pressured me into returning to work next day on crutches as they didn't want a working time injury recorded,I broke my wrist at Christmas,was pressured to return to work,and when I did,I was given a job as punishment.light duties were advised by my doctor and totally ignored after 2 days I was up a tree with a chainsaw in hand.I was climbing for weeks without ariel rescue support management new,I didn't feel I could complain about any of these things.The day of my disciplinary,,I had a grievence to present,the HR rep saw it and asked me to wait until the outcome of the meeting.I should have still presented it ,I was a fool not to.Then I return to work to be taken aside and told in conffidece by my field supervisor that if I put a foot wrong,am five minutes late its to be reported to management.Winter is coming I may be faced with adverse weather,how can I avoid that Last year in my appraisal I was a role model to fellow employees,this year,the ticks are in the bottom boxes,and I havnt changed,but they are bludgeoning me with al this.So Im out of time and couuldt afford a tribunal,but I would most like to see,that it didn't happen to anyone else..Ive seen to much of this in the last few years and believe me if I do something wrong I accept and learn ,these days.Im better of out of pocket and away from this.Thanks this posting has helped,

                      Comment


                      • #12
                        Re: Thinking of resigning

                        Are you saying they pressured you to handle a chainsaw whilst having a broken wrist, and also at times made you work without the required safety equipment and that they failed to report a working time injury? IF so you need to report this to health and Safety immediately.
                        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                        The Governess; 6th March 2012 GRRRRRR

                        Comment


                        • #13
                          Re: Thinking of resigning

                          It would be very unlikely that your employer would provide an adverse reference, as there is case law re negligent misstatement (ie Spring v Guardian Insurance plc).
                          Nowadays they tend to issue a neutral one
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Thinking of resigning

                            At the disciplinary meeting,I was most concerned with keeping my job. I presented a grievance which was read by the HR representative immediately prior to the meeting.It highlighted health and safety and welfare issues,when I attempted to deliver it at the meeting,the HR manager said I should hold it pending the outcome of the meeting.I still got a final written warning,but was relieved to have a job.Im the last of the tuped employees,all have been dismissed,the others fairly soon after transfer,coincidence perhaps,but I have no trust whatsoever.I will report the welfare and health and safety issues as they have never been addressed beyond my failed grievance submission.Yes I had been pressured to work with injurys,my own fault for submitting.The broken wrist was a sporting injury and I still had 2week sick note,promised light duty,surveying I expected but no climbing and cutting after 2 days.The worst incident was when a climbing spike went through my foot .No one fault I slipped climbing a wet tree.Put a hole right through my foot.Was asked to return to work next day on crutches,to avoid submitting a lost work time injury.I couldn't do anything ,sat in the vehicle all day and had agonising drive to and from work.Im angry with myself most of all for submitting to pressure and my own guilt.Rules are rules to protect you from work place risks ,don't flout them or be persuaded otherwise.Ive resigned as of yesterday.It wasn't I couldn't go back,I didnt want to.Thanks for replies appreciated.

                            Comment

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