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disciplinary procedure

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  • disciplinary procedure

    i was request to the office on the 10th December where a meeting took place.

    i was told at my boss that due to the following reasons I am going to be job changed
    1. not openings the office in the morning and letting some else do it. (boss gets there before me)
    2. not consistently carrying out daily meetings with our 6 members of staff ( missed a few but spoke to staff one to one as other staff where out for the day)
    3. time keeping, (20 minutes late)
    4. requesting reasonable finishing time (due to later finishes the night before)


    The result of this meeting was that my pay is to be changed from £30K to £11.50 p/h 38 hour week with possible overtime. And i will no longer be office manager but section leader a difference of £7k to take effect in the new year.

    I have now received the 4 page letter from my firm explaining the details of the meeting and the action to be taken


    quote form letter
    staff handbook says
    • If the nature of your job changes we will make every effort to ensure that you understand the level of performance expected of your and that you receive adequate training and supervision. If we have concerns regarding your capability these will be discussed in an informal manner with you and you will be give time to improve. there is a note in my letter here saying that following a request for a pay rise, I have not yet been seen to be carrying out my duties you had been employed to do.


    • If your standard of performance is still not adequate you will be warned in writing that a failure to improve and to maintain performance required could lead to your dismissal. We will also consider the possibility of a transfer to a more suitable work if possible.Never had a written warning


    I feel that thismeeting should have been conducted as a capability / disciplinary meeting not just a meeting arranged quickly by uppermanagement an act of aggression against me because for what I considered to be a reasonable requests made the day earlier.


    I was not told this was any sort of disciplinary meeting, i had no time to prepare, i didn't have a colleague present. And the result was instance...

    i have spoken to ACAS a number of times and they have said that the following has accrued
    • punishment is severe
    • company not following there own rules for capability/ disciplinary procedure
    • not carried out capability/ disciplinary meeting under approved rule of practice
    • not informed me of my statutory rights to have a companion present.
    • due to the difference in wages incurred this is a disciplinary meeting with rules.
    • job change pay rate is not a suitable change (£7000) per year difference
    • breath of contract
    • changing my contract?


    I am now at a point where i am trying to compose my appeal letter but want to know legally where i stand currently before i give my appeal in ,and should i see i solicitor.

    any advice would be great
    Last edited by xbox; 26th December 2013, 18:11:PM.
    Tags: None

  • #2
    Re: disciplinary procedure

    Hi + to LegalBeagles

    Firstly......how long have you worked there.

    Comment


    • #3
      Re: disciplinary procedure

      I've been there since January 2012 almost 2 years now.

      Comment


      • #4
        Re: disciplinary procedure

        Were you allowed to take a member of staff or union representative with you into the meeting?

        Were you informed that it was a disciplinary meeting?
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

        Comment


        • #5
          Re: disciplinary procedure

          No to both

          Comment


          • #6
            Re: disciplinary procedure

            I feel I have a strong ground to appeal here..

            any assistance would be grateful to add to my appeal letter.

            Should my appeal letter contain info on my faults as mentioned and my reasons against, or just on my companies faults with interview process etc...

            I read on another thread here I can give my itemised response to the meeting letter as an agenda before a appeal meting

            Thanx

            Comment


            • #7
              Re: disciplinary procedure

              The actual DAY you started there in January please? The advice you get may be totally dependant on when you started.

              Comment


              • #8
                Re: disciplinary procedure

                I am going to say 23 January 2012 this being my best memory though it could have be the week before. But 23 January would be the very latest start Date

                Sorry best I can do.
                Last edited by xbox; 26th December 2013, 09:26:AM.

                Comment


                • #9
                  Re: disciplinary procedure

                  [QUOTE=Inca;397382]The actual DAY you started there in January please? The advice you get may be totally dependant on when you started.[/QUOTE

                  the actual date I started was 16/1/12 just short of 2 years
                  Last edited by xbox; 26th December 2013, 21:19:PM.

                  Comment


                  • #10
                    Re: disciplinary procedure

                    I have composed a reply back to my employer (BUT IS IT GOOD ENOUGH?????????????)

                    Thank you for your letter following the meeting on the 12th December. To which I respond.

                    As previously mentioned to nnnnnn on Friday 15 th December that I didn't agree with the meeting and I now wish to proceed a formal appeal /(grievance)( NOT TO SURE WHICH ONE) as I feel that the way I have been treated in this matter is very unfair.

                    nnnnn said if I didn't agree I should speak to ACAS, refer to my contract and if you find you have not done as your contract says, that will be the end if the matter. I had already spoken at length with ACAS and have continued to do so.

                    I therefore wish to confirm that you have broken employment law a number of times with these actions and if you wish to continue I will have no other option but to start legal proceeding on the grounds of constructive dismissal. As this whole procedure has been cairried out incorrectly.

                    I can only assume that I will carry on working in the same position and conditions I have been in for the last eighteen months Until this matter is resolved

                    I await your response.


                    Yours sincerely

                    bbbbbbb
                    Last edited by xbox; 27th December 2013, 19:36:PM.

                    Comment


                    • #11
                      Re: disciplinary procedure

                      I would like to thank previous comments on my original post, any other comments would be appreciated.

                      Comment


                      • #12
                        Re: disciplinary procedure

                        http://www.flickr.com/photos/1126617...n/photostream/
                        http://www.flickr.com/photos/1126617...n/photostream/
                        http://www.flickr.com/photos/1126617...n/photostream/
                        http://www.flickr.com/photos/1126617...n/photostream/

                        i think i've done this right, i've posted the letter that i recieve from my employer.

                        once again thanks to all.
                        Last edited by xbox; 27th December 2013, 21:36:PM. Reason: added the thanks

                        Comment


                        • #13
                          Re: disciplinary procedure

                          How great was the error on the sizes of glass you ordered?

                          Were the sizes too small or too large?

                          Comment


                          • #14
                            Re: disciplinary procedure

                            Originally posted by CleverClogs View Post
                            How great was the error on the sizes of glass you ordered?

                            Were the sizes too small or too large?
                            Ar the glass. It was ordered too big and the type of glass didn't allow it to be cut down .

                            So,
                            Me and boss together using the formula with from door gear decided on the sizes of the glass.Once we had done this I said shell we template the glass in the workshop and make a working sample (about twenty minutes work). To which he decided against as he couldn't see how to fit the aluminium guides without glueing them in place. I said we can just tape them on.

                            Then a day later boss asked me to list the glass sizes and amounts, which I did on an excel file as boss wanted to check them before he ordered them with the glass manufacturer. Which he did and we ended up rechecking some of the widths but he to didn't quiery or notice the incorrect height.

                            The error happened because when we worked put the height I choose the wrong internal size.

                            I was gutted about this error and as I thought I was not solely to blame I offered to pay half the costs about £400. But nothing more was said until now.

                            Funny thing was the next week boss said because of all the cock UPS everyone was to work overtime but you will not get paid for it. With some people losing over £100 but my wages stayed the same.....

                            Comment


                            • #15
                              Re: disciplinary procedure

                              Could the cabinets have been modified to fit the wrong sizes of glass doors?

                              Comment

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