help needed concerning formal complaint against myself.

[skidder]

Hi everyone and thanks for any advice.appreciated.I'll be as brief as possible.

I have been looking at a franchise and have worked for free in there stores for about 8 weeks.

Nothing has been signed or any contract or monies whatsoever exchanged.I have been given full access to there operations manual,store figures etc..I have not signed a confidentiality agreement.

I have been signed in and out of the stores every day so proof is there that I have been working.Also till work would be logged in under my name.

Anyway i've sought of been systematically bullied over this period but i'm not a quitter so have plodded on. I had a conversation with a colleague yesterday concerning my training was too slow etc.Anyway on rolls this morning and this appears in my in box.


"I've just received a complaint from a member of staff about your conduct in store. To be able to investigate this and for the best, I would like you to hold off your training for the moment.So please do not return to ---------- or speak to any members of staff until i can investigate the complaint.

I hope you can understand that this has to be investigated and please be patient while we look into this.Once it has been investigated Myself and ------ will set up a meeting with yourself to discuss how we will proceed with your training."

Now I know this is basic stuff investigation etc but do I have any rights whatsoever?

I know for a fact that I have done nothing wrong but I guess I might have got dispondent yesterday.i.e. a bit negative due to my training etc.

I had aired my concern over my training a month previously.

There are cameras all over the store so its not an alleged theft and i'm searched in and out of the store every day.

This is a company that has around 300 stores.

Please advise if possible.

Thankyou

[Kati]

Re: help needed concerning formal complaint against myself.

I'm sure you'll get lots of help from knowledgeable Beagles soon :tinysmile_grin_t:

I know [MENTION=50162]Johnboy007[/MENTION] is pretty good at advising on these sort of issues :tinysmile_twink_t2:

Kati

[Johnboy007]

Re: help needed concerning formal complaint against myself.

Hi,
The problem you have here is that you have no contract, and you have worked for free.
Working in a franchise will class you as self employed.
You may qualify for certain benefits and the link below will give you all the information you need.
A person is self-employed if they run their business for themselves and take responsibility for its success or failure.
Self-employed workers aren’t paid through PAYE, and they don’t have the employment rights and responsibilities of employees.

Employment law doesn’t cover self-employed people in most cases because they are their own boss.
However, if a person is self-employed:

• they still have protection for their health and safety and, in some cases, protection against discrimination.
• their rights and responsibilities are set out by the terms of the contract they have with their client.

Click on this HM Revenue & Customs link for more information.
http://www.hmrc.gov.uk/employment-status/

Good Luck.

[skidder]

Re: help needed concerning formal complaint against myself.

Hi John,

Thanks for you're comments.

I do have an oral/written agreement(not signed) that I will undergo a 12 week training program.

I work as an employee in a corporate store and not a franchise.There is a rota up with my name on and I am told what to do most of the day.

The government website states that I am self employed if:

• Can they hire someone to do the work or engage helpers at their own expense?
• Do they risk their own money?
• Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?
• Do they agree to do a job for a fixed price regardless of how long the job may take?
• Can they decide what work to do, how and when to do the work and where to provide the services?
• Do they regularly work for a number of different people?
• Do they have to correct unsatisfactory work in their own time and at their own expense?

I don't answer yes to any of those questions.

Surely just because I entered into an agreement to train for a franchise in their corporate stores I still have some protection?

Thanks

[Johnboy007]

Re: help needed concerning formal complaint against myself.

Hi Skidder,
If you work as an employee then you should be getting a wage, a contract of employment, or a written agreement from the employer.


Working out employment status for an employee

Someone who works for a business is probably an employee if most of the following are true:

• they’re required to work regularly unless they’re on leave - eg holiday, sick leave or maternity leave.
• they’re required to do a minimum number of hours and expect to be paid for time worked
• a manager or supervisor is responsible for their workload, saying when a piece of work should be finished and how it should be done
• they can’t send someone else to do their work
• the business deducts tax and National Insurance contributions from their wages
• they get paid holiday
• they’re entitled to contractual or statutory paid holidays, and maternity or paternity pay
• they can join the business’s pension scheme
• the business’s disciplinary and grievance procedures apply to them
• they work at the business’s premises or at an address specified by the business
• their contract sets out redundancy procedures
• the business provides the materials, tools and equipment for their work
• they only work for the business or if they do have another job, it’s completely different from their work for the business
• their contract, statement of terms and conditions or offer letter (which can be described as an 'Employment Contract) uses terms like ‘employer’ and ‘employee’

Now with regards to the contract you now say you have,
Any chance you can post a copy up, leaving out personal details.

[skidder]

Re: help needed concerning formal complaint against myself.

Thanks John,

Ive been looking for some sort of contract but all I have is emails bouncing back and forth concerning my training and a verbal agreement.

What i'm getting at is if i'm accused of something that is defamatory/libel/theft/god knows what? Do I have a right to know who has accused me of this alleged misconduct?

As it has to be a false accusation can I sue?

Surely just because I work with an agreement for free I still must have some rights?

[Johnboy007]

Re: help needed concerning formal complaint against myself.

You have the same rights as everybody my friend, but not necessarily in the workplace.
First we have to establish whether you are an employee, or self employed.
Self employed cannot take a case to an Employment Tribunal.
You can only seek a remedy in a court of law, which can prove rather expensive.
I have never, ever known an employee work for eight weeks for nothing.
I have never, ever known an employee work one week without pay.
So you see the difficulty here in advising you on your best course of action.

Now you stated...
"I've just received a complaint from a member of staff about your conduct in store. To be able to investigate this and for the best, I would like you to hold off your training for the moment.So please do not return to ---------- or speak to any members of staff until i can investigate the complaint.

I hope you can understand that this has to be investigated and please be patient while we look into this. Once it has been investigated Myself and ------ will set up a meeting with yourself to discuss how we will proceed with your training."


Now as you are not getting paid, you have lost nothing.
You have in effect just been asked not to come into work, which indicates to me that you are self employed.
A franchise will make you self employed anyway, as you will be responsible for running it yourself.
So any training for the franchise is to be treated in the same context.
To be honest I can see nothing that would make you an employee.

Had you been an employee, then you would have been in effect, suspended and the company would have stated that.
I need to see the emails, concerning a verbal agreement and your training.

[skidder]

Re: help needed concerning formal complaint against myself.

OK thanks John,

I've gone through my emails but all they state is you're starting at this location but don't give a time frame.

I understand you're points.

I'm just looking at the worst scenario.

My question is still do I have any right to see the complaint and who has accused me of this?

Cheers

[Johnboy007]

Re: help needed concerning formal complaint against myself.

Hi Skidder,
There is another scenario which we have overlooked.
The fact that you say you was sort of systematically bullied?
Could you give more details, and your reasons for thinking that this has happened.
For example, who do you think has been bullying you, and in what way?
Maybe someone in store is jealous of you or what you are doing?
Companies will not usually tell you the name of a complainant until they have investigated the alleged complaint.
This really, is to avoid confrontation in the workplace between workers.
However, if it does go to a disciplinary meting, then you are entitled to know details of the complaint and who said it.
But I really can't see it going that far, unless there is some foundation to the complaint.

[skidder]

Re: help needed concerning formal complaint against myself.

Hi Skidder,
There is another scenario which we have overlooked.
The fact that you say you was sort of systematically bullied?
Could you give more details, and your reasons for thinking that this has happened.
For example, who do you think has been bullying you, and in what way?
Maybe someone in store is jealous of you or what you are doing

Hi again John,

Yes I have been systematically bullied.

This is what I was talking to a colleague about the night before this allegation landed in my 'company' email.It was only brought up as we were talking about my training.Now I know for a fact it isn't him who has accused me of whatever I have apparently done.He said to me that they had been belittling me in front of other people and had been slagging me off behind my back.I said that I didnt want to know what they had said .This could have been overheard.

I have no doubt in my mind that these people(including the manager) were jealous and put me down everytime I made a mistake and attempted to push me to the edge.(not all of them but most)But it was the way it was said in a condescending mannar just waiting for me to snap.I didn't and was just polite. I was thinking about not returning to work the next day as I really couldn't take anymore. Then my fate was decided for me with this apparent conduct issue.

That morning I also thought I would work the floor(as any good salesperson would)and brought in some high sales.The rest of the staff let the customer come to the till.Some of these customers are likely to have bought the items anyway but I guess I could have pissed them off,in fact I probably did thinking about it.I'd achieve the sales before the customer even got to the till.

Anyway I don't know if this is any help but thanks again in advance.

[wales01man]

Re: help needed concerning formal complaint against myself.

What is this Franchise is it a large Company?

[skidder]

Re: help needed concerning formal complaint against myself.

What is this Franchise is it a large Company?

PM'd

[wales01man]

Re: help needed concerning formal complaint against myself.

Seems to be a large company have you contacted the Head office to complain if you are willing to invest you must be certain behavioyr like this never happens if you invest I presume its not just pin money you are paying out but a serious amount to build a future with.

[skidder]

Re: help needed concerning formal complaint against myself.

Seems to be a large company have you contacted the Head office to complain if you are willing to invest you must be certain behavioyr like this never happens if you invest I presume its not just pin money you are paying out but a serious amount to build a future with.

I haven't contacted head office as I was just going to ride it out and ask for a move to another store in a week or so and didn't want to be seen as a troublemaker.

No its not pin money.Its all I have around £200,000. I have invested alot of time and money in these 8 weeks supporting myself.

[Johnboy007]

Re: help needed concerning formal complaint against myself.

The problem you got Skidder, is that what you was told by your colleague, is at the moment, just hearsay.
Unless you can get a written statement from him,it wouldn't hold up.
I think there is a bit of resentment going on here, and you really have to wait for the outcome of the investigation.