Investigation & Disaplinary

[Openlaw15]

Re: Investigation & Disaplinary

HR have just telephoned me to say they have received my documentation and my store manager will be having a word with me when i get in and if we can't sort something out to telephone them back.

I don't quite know what this means,

HR is the department that makes the sure the employer is staying within the law. HR will likely be going over your view of reasonable adjustments and seeing how the company can accommodate them., knowing that if it doesn't take your representations seriously that effectively the company could be liable (legally responsible) for a disability discrimination claim. Let's hope it'll go in your favour, you may now find that the disciplinary may be a bit more pleasant (if it even goes ahead) since you have told them about the effect of their treatment towards you is simply discriminatory.

[online1]

Re: Investigation & Disaplinary

They have said they want my consent to medical records / to contact my doctor.
I will look at giving my consent as I don't have anything to hide however my doctor said that all they will say is what conditions I have and not get involved in anything else.

[mariefab]

Re: Investigation & Disaplinary

They may be trying to establish whether your IBS qualifies as a disability.
If there isn't an appropriate tick box on the consent form you can write on it that you wish to inspect or receive a copy of the report before it is sent to your employer. You should also so inform your GP.

http://www.legislation.gov.uk/ukpga/1988/28/contents

[online1]

Re: Investigation & Disaplinary

They are awaiting medical records so I will await to see what happens with this.

Unfortunately things have got worse for me, the other day I have broke my finger at work just as I was closing the store.
I have been to hospital the next day and they confirmed this fracture.

I was told I had to go in to work as they couldn’t get cover and i would be taken to disciplinary if i was off sick with this.
They gave me the till and lighter duties on this day.

Today my manager has Txt me and said he wants to understand the extent of the injury whilst he sympathises he still has a store to run.
How capable am I of 100 % duties.

I telephoned him to tell him that I cant do much more than the till and cash up duties.
He said he cant swap me for the till as these people are not as good as me on stock.
(these people are the same role as me, same contract and same pay)
He said I would either have to loose allot of hours have no pay or be off sick and have a disciplinary.
He has also asked me if my doctor can confirm weather i can work at all or not.

They seems to me no understanding this is a work injury my finger was trapped in an industrial chiller door.
I just want till shifts for the same hours for a few weeks.
I can't afford to have no pay and I don;t have loads of holiday left.
This is also flaring up my IBS because of the stress of it all too.

Please can anyone give me and advise

[online1]

Re: Investigation & Disaplinary

Hi just wondered if anyone can help with the above am a bit stuck at the moment.

[mariefab]

Re: Investigation & Disaplinary

Just turn up to work and tell him that until your finger heals you aren't going to any better than the others on stock. So, he can either get one of them to do it, or, if he insists on you doing stock, you'll have to do it carefully because you wouldn't want him to get in trouble with the Company if you further injured your finger by carrying out his instructions potentially increasing the Company's liability for your injury.

Ask him to kindly put in writing his refusal to permit you to work on the tills, or do other light duties, while your broken finger is healing. Say it'll save you having to write it up and it'll be helpful for you in your disciplinary.

If he says you have to go home because he says you're not fit for work, ask him to confirm that he's suspending you on medical grounds and that you will be on full pay until he can arrange till/light duties (and you'd like the answer to that in writing too please).

If you get a chance, before your shift starts, phone your doctors surgery, ask to speak to the on-call doctor and get her/him to confirm that you're fine to work light duties. Otherwise do it at work, preferably in front of him.

Take a pen and notebook with you tomorrow and, if he refuses to put something you ask for in writing, do it yourself there and then making sure to note the date/time/anyone in hearing distance exactly what he said. Ask him to sign it to confirm it's accuracy. if he refuses, write down that he refused and note the time.

[charitynjw]

Re: Investigation & Disaplinary

Whether an adjustment is 'reasonable' is an objective test.
It depends on the circumstances of the individual case and things like:
The size and resources of the employer.
If the proposed adjustment is safe for the employee and others.
The cost and practicability of the adjustment.
If the proposed adjustment will remove, or significantly reduce, the comparative substantial disadvantage.

So, in online1's case (unless the Company is a micro-employer or we're talking about months of absence) it would be a reasonable adjustment to permit him/her to have more time off sick than non-disabled employees, before triggering disciplinary steps, to allow for flare-ups related to his/her disability.

Thanks, [MENTION=26290]mariefab[/MENTION] - I've only just now seen this.

[charitynjw]

Re: Investigation & Disaplinary

HR is the department that makes the sure the employer is staying within the law. HR will likely be going over your view of reasonable adjustments and seeing how the company can accommodate them., knowing that if it doesn't take your representations seriously that effectively the company could be liable (legally responsible) for a disability discrimination claim. Let's hope it'll go in your favour, you may now find that the disciplinary may be a bit more pleasant (if it even goes ahead) since you have told them about the effect of their treatment towards you is simply discriminatory.

HR is also paid for by the firm. :tinysmile_twink_t2:

[online1]

Re: Investigation & Disaplinary

Thank you again everyone

He has now said I can go and work on a till for a week but he will only give me 8 hours my contracted minimum.
I have never had less than about 18 in all the time worked there.

I said people on the till get more hours than that and they can do the stock while I do tills.
Our contract is (assistant) so we don't have specific roles we are all required to do what's required.
He replied well the people on that do the till are lazy and cant do stock as well as you
So I wont give you many hours.

I said this is not fair as we all have the same contract why would I be managed on performance If I didn't do all duties correctly or quick enough but the people on the till are not
He replied with they ate just lazy.
You have to take what I give you.
Or go off sick and go to disciplinary or use holiday to bump up hours.

[mariefab]

Re: Investigation & Disaplinary

How long have you worked there?
What kind of Company is it? Supermarket, corner shop?

[online1]

Re: Investigation & Disaplinary

I have worked there over 2 years
Its a Large chain supermarket

[mariefab]

Re: Investigation & Disaplinary

Can you access the Company's managing sickness absence policy from home?

[online1]

Re: Investigation & Disaplinary

No we have no way of accessing any policy without going to the office and then even as a duty manager i get asked what and why am i looking at something and not to.