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Handling of a disciplinary? Racism and discrimination?

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  • Handling of a disciplinary? Racism and discrimination?

    Just need a bit of advice as have had a disciplinary and it isn't sitting right with me.

    A bit of background to begin with I work for a small company and in March of this year I got placed on a secondment for a manager job, within the company. In regards to this I didn't receive any training for the job and for the past 4 months have received no support in the role, I have asked the former manager for help in regards to doing one certain part of the job and it took him till last week to give me the relevant help, and even this was just in the form of an email with a couple of lines explaining what i needed to do. I have also been working 6 days straight as I have felt if I have time off I will just go into a mess the next day. I also took the secondment with no pay increase and was just advised that they would review it after a year.
    I recently took a week off and upon my return I could tell there was something going on, I was taken into the office on the tuesday after my return and had my review, where I was told that I had been accused of having favourites within my team as I had purchased certain drinks and meals for members of my team, in my eyes a happy work force is a good work force, and was also told I had to stop picking up a member of staff that I gave lifts too who lives around the corner from me, (despite the previous team manager sleeping with two colleagues) and yes we are friends and have been out to the cinema and for drinks after work on occasion, anyway one of the days back I popped to lunch with a member of my team and he advised me that my manager had spoke to him and had queried him about my relationship with the person above and advised him to have a discreet word with me about stopping it, (not being funny what right does he have to do this?)
    Moving on on the wednesday I did a member of staffs 1-2-1 in which she advised me off record that see felt the company was degrading to women and felt she would never get any chance of progressing because she is a female, and that she felt certain members of staff oglied her and she felt uncomfortable in the clothes she sometimes wore, I advised her I would speak to manager about it but she said she didn't want me too because he was one of the worst for it, she told me to forget she had said anything, I told her I had to do something because 3 months down the line she could turn around and say she had mentioned it and there would be no record, so with that I spoke to the person who acts as our HR, she advised I'd done the right thing by telling her and told me not to say anything to anyone.
    Now yes I admit I am in the wrong because I then spoke to the other team manager about the issues she had raised to me as being new to the role I just wanted to run it by him to see what he would of done, and he agreeded I had done the right thing.
    So the rest of the week flies by I'm left in charge Saturday, then turn up to work Monday, at around 9:30 i'm taken into the office and informed that I had breached confidentiality and that numerous people had been made of the incident of what the colleague had told me, I held my hands up and said I had spoken to the other team manager and that was the only person from there response I don't think they where aware of that, so i am of the understanding other people had said stuff, now not being funny its an office and a lot of gossip happens, my concerns is the colleague who told me her issues has told someone and that is how it has got out, but as she is on holiday she hasn't been asked anything. So with this I was given a letter inviting me back to disciplinary hearing the next day at 2pm and was advised I wouldn't be losing my job but my secondment would come to an end and i'd return to my previous position, and would be given either a written warning or final written warning I was then told to get my things and leave. (I was under the impression that you had to have 48 hours so you could prepare for your disciplinary and also be provided with any evidence they have against you? I received nothing), so I turn up to work at 2pm the following day feeling like a criminal, I go into the disciplinary (if you can call it that), this is with my manager (who the colleague has complained about), and his manager, in the space of less then 5 minutes I'm told we are ending your secondment, you'll return to your previous position, and have a written warning, they also advised they will send out an email saying I had requested to them to go back to my previous role as a way round people asking questions. I was then told I could return to work the following day I advised it was my day off the next day as had worked the saturday, and I also asked to have thursday and friday as holiday just so I could get my head clear which they agreed to. At no point during my less then 5 minutes disciplinary was I allowed to ask who had made allegations against me and the real thing that is bugging me is I have not been told I can appeal the decision which I believe I have every right to do.
    I am now unsure in what to do I could happily go back on monday and just get back on with it but this is eating me up massively, could someone give me some advice?

    My other concern is while on my manager secondment I sat in on interviews for numerous job oppurtunities, in one I was with my manager and the lady interviewed extremely well after she left my manager turned to me and said she was really good but shes in her late 20s early 30s and she might want to have kids and they won't want to pay maturnity pay! In another interview me and the other team manager interviewed an Asian woman in her late 20's again interviewed really well had years of experience, our manager came in asked how it went in which we said we would defaintly invite her back for a second interview, in which he responds well we don't really have a very good track record with them and again she might be thinking of having kids? Who can I report this behaviour to I would go to his boss but I know they have had talks about it and they are both as bad as each other, I just feel this is racism and discrimination at its finest?
    Tags: None

  • #2
    Re: Handling of a disciplinary? Racism and discrimination?

    I think you need to contact ACAS straight away, given the way they have handle things.

    Were you informed of your right to be accompanied to the disciplinary hearing?

    What investigation if any had been carried out prior to the disciplinary hearing?

    What evidence did they refer to in the disciplinary?

    Yes you should have been provided with copies of evidence or details as to what the evidence was! And you should have been given more than 48hrs to prepare.

    Yes you have a right to appeal the outcome of the disciplinary.

    Have a look at ACAS code of conduct: Disciplinary and grievance procedures - http://www.acas.org.uk/?articleid=2174 - That's the standard employers are expected to follow in regards to disciplinary procedures. Failure to do so is unfair, and therefore so would be the outcome of such unfair procedure!

    Regarding your managers discrimination of women applicants, you should raise this with HR, though, it would simply be your word against his, unless you can get statements from staff who he has sexually harassed, discriminated against or from staff that witness him treat female staff in such way!

    End of the day the fact you went to him and told him what your female colleague had said about him, as well as telling him you went to HR, is now why your manager is probably the person behind the office gossip and made it out that you started it!
    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


    • #3
      Re: Handling of a disciplinary? Racism and discrimination?

      Hi yes I was informed I could take someone into the disciplinary, I was presented with no evidence they didn't even make reference of any evidence, just basically had me in there told me they where ending my secondment and I'd be issued with a written warning, then got told I could start back the next day but I've taken a few days holiday to look at my options, just feels like they like to sweep everything under the carpet but I need the job, so don't want to do anything that could cost me it

      Comment


      • #4
        Re: Handling of a disciplinary? Racism and discrimination?

        Start back in the secondment role? Have you been given a written copy of the warning?
        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


        • #5
          Re: Handling of a disciplinary? Racism and discrimination?

          No start back in my previous role before my secondment, and not received anything yet as not back till monday

          Comment


          • #6
            Re: Handling of a disciplinary? Racism and discrimination?

            Ok let us know when you do!
            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

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