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Good morning.
Both myself and a colleague was part of a TUPE transfer and the new rules of working times had changed we are now supposed to start and finish on the job at our contracted hours rather than starting at a "base", obviously this means to us we are working longer. Previously managers have expressed that because of the nature of our area we don't have to get there at 8am and stay there until 4:30pm because some places are over an hour away, all great we thought so we have been doing this not for over 1.5 years. But at the beginning of October we (and the person i work with) was brought into a meeting and was told that we were getting suspended to to allegations of fraud.. obviously this came as a shock to us both because as far as we was concerned we hadn't done anything wrong. As the time has passed and the kitchen still remained unpainted i have attended a number of "investigation meetings" and the latest of which it was deemed that the process needed to be forwarded to a disciplinary meeting.
Its come to light that we should never of been doing that and we are now in breach of out contracts and face gross misconduct.
They have looked at this and compared the tracker information which states date, time, address when the van was turned on, when the van was turned off etc. From that they have deduced i owe many many hours to them and many many £££'s.
now, whilst i have been in there investigation meetings things have been quite suspicious, in the first meeting i was experiencing bully tactics, not letting me finish sentences without them interrupting, putting words into your mouth, aggressively asking the same questions over and over even tho answers were given on the first one. the reluctance to show me any tracker information straight away, rather a reproduced spreadsheet only stating what time i "got to the job" and "left the job" after the first investigation meeting which on its own is just numbers on a piece of paper. I had expressed my thoughts on starting and finishing times and starting and finishing locations (we were allowed to start at a suppliers) )as i thought were correct and any travel times which we were allowed when working out of the area. In the second meeting they had told me they had revised this spreadsheet and showed me it along with the tracker information but would not allow me to actually study it at all. It was deemed that even tho the times were changed there was still reason to take i to a disciplinary. In the second meeting i had slanderous remarks made from "someone" in the company which expressed that i refused to work outside of my contractual hours which is utter rubbish... Along with these there has been information given to me which was incorrect in regards to the procedures etc and acas code of practice has been followed lightly, little things like adjourning the investigation to take into account any final comments i made etc was not done it was decided there and then.
This is where i believe that the information has been falsified, when i received my disciplinary case i finally (for the first time) got to study the times and dates etc and found that on some days addresses had been deemed acceptable but finishing there hasnt been or vice versa, also travel times have been added to only some of the days and many missed off, there have been days where its said i started over 1.5 hours after i actually did and they recognise that starting location further down the document. They have shown they are aware of times and locations that needed to be altered but have failed to do so in the documents entirety and as such it looks like i actually owe much much more time than i do, for example on a period of 8 days its said i owed 7 hours and 16 mins, when i actually went through it properly i only actually owed 15 mins. The slanderous comments were not in the disciplinary case and neither was flexi sheets i had filled in which accounts for some of the time which i owe them (these were not even used in the investigation process even tho i requested them)
I believe the best thing to do would be to write a grievance letter to the employer etc but what other options do i have?
any advice or anything would be greatly appreciated.
cheers
Both myself and a colleague was part of a TUPE transfer and the new rules of working times had changed we are now supposed to start and finish on the job at our contracted hours rather than starting at a "base", obviously this means to us we are working longer. Previously managers have expressed that because of the nature of our area we don't have to get there at 8am and stay there until 4:30pm because some places are over an hour away, all great we thought so we have been doing this not for over 1.5 years. But at the beginning of October we (and the person i work with) was brought into a meeting and was told that we were getting suspended to to allegations of fraud.. obviously this came as a shock to us both because as far as we was concerned we hadn't done anything wrong. As the time has passed and the kitchen still remained unpainted i have attended a number of "investigation meetings" and the latest of which it was deemed that the process needed to be forwarded to a disciplinary meeting.
Its come to light that we should never of been doing that and we are now in breach of out contracts and face gross misconduct.
They have looked at this and compared the tracker information which states date, time, address when the van was turned on, when the van was turned off etc. From that they have deduced i owe many many hours to them and many many £££'s.
now, whilst i have been in there investigation meetings things have been quite suspicious, in the first meeting i was experiencing bully tactics, not letting me finish sentences without them interrupting, putting words into your mouth, aggressively asking the same questions over and over even tho answers were given on the first one. the reluctance to show me any tracker information straight away, rather a reproduced spreadsheet only stating what time i "got to the job" and "left the job" after the first investigation meeting which on its own is just numbers on a piece of paper. I had expressed my thoughts on starting and finishing times and starting and finishing locations (we were allowed to start at a suppliers) )as i thought were correct and any travel times which we were allowed when working out of the area. In the second meeting they had told me they had revised this spreadsheet and showed me it along with the tracker information but would not allow me to actually study it at all. It was deemed that even tho the times were changed there was still reason to take i to a disciplinary. In the second meeting i had slanderous remarks made from "someone" in the company which expressed that i refused to work outside of my contractual hours which is utter rubbish... Along with these there has been information given to me which was incorrect in regards to the procedures etc and acas code of practice has been followed lightly, little things like adjourning the investigation to take into account any final comments i made etc was not done it was decided there and then.
This is where i believe that the information has been falsified, when i received my disciplinary case i finally (for the first time) got to study the times and dates etc and found that on some days addresses had been deemed acceptable but finishing there hasnt been or vice versa, also travel times have been added to only some of the days and many missed off, there have been days where its said i started over 1.5 hours after i actually did and they recognise that starting location further down the document. They have shown they are aware of times and locations that needed to be altered but have failed to do so in the documents entirety and as such it looks like i actually owe much much more time than i do, for example on a period of 8 days its said i owed 7 hours and 16 mins, when i actually went through it properly i only actually owed 15 mins. The slanderous comments were not in the disciplinary case and neither was flexi sheets i had filled in which accounts for some of the time which i owe them (these were not even used in the investigation process even tho i requested them)
I believe the best thing to do would be to write a grievance letter to the employer etc but what other options do i have?
any advice or anything would be greatly appreciated.
cheers
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