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Old 20 July 2007, 06:33 AM
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chocolate_o_brian
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Default am i being victimised at work?

since december last year, ive had two job threatening disciplinarys against me, and ive just found out im having another one after a recent incident.

disciplinary one occured last december, after an accident which saw me skid on an unseen spillage. this was deemed my fault for supposedly travelling too fast, after a false statement by a polish worker was relied upon. im currently seeking compensation from the company on this one. recieved a formal written warning.

disciplinary no. two occured in february, when i had two weeks off due to a repetitive strain injury in my right wrist (please no jokes heard them all). i recieved the disciplinary as i had committed gross misconduct because i didnt report it soon enough. even though it was a gradual increasing pain which started at the end of one shift and carried on onto the next one. took union representation with me, and everything was suddenly dropped. no further action.

found out tonight that i have been summoned to another disciplinary after an incident that took place last thursday, in which a cage i was dropping off to wrap (imagine a cage you see in asda at night times that carry food orders - approx 2ft wide x 2ft deep x 6ft high) fell off my truck forks (atlet truck not reach/fork truck), which resulted in the contents going everywhere. now, i hear you say, well there was an incident and the company are entitled to investigate it, and take further action if deemed necessary. his i have no problem with. but what i do have a problem with is a similar incident occured three days later, where as a pallet on the back of an atlet truck, spilled everywhere going round a corner. now in this instance, instead of photos being taken, a breathalizer carried out (mandatory ive been told) immediatley on the worker, and an investigation being carried out, the cases where re-stacked (by three shift leaders - two of which were not wearing protective gloves which are essential) onto the pallet, and the gentleman given a quick ticking off.

this is what has got my back up. why two different procedures for two incidents exactly the same bar one was on a pallet and one in a cage. why wasnt the other guy breathalized like i was. why werent pictures taken of his incident like they were extensively of mine. why wasnt an investigation undertaken like it was in mine. why werent witness statements taken like they were in mine?

i have done everything by the book, all according to procedure. i have nothing against the other guy, he reported it asap too, but im left feeling severely victimised here. have i got a case or what.

my next move is to contact my union representitive and tell her/show her exactly whats gone on, then hopefully write a snotty letter og grievence to h.r., the night masnagement team, and my union, so copies are not "mislead" by my workplace.

ideas, suggestions welcome. dont think ive missed anything out.

andy
Old 20 July 2007, 07:08 AM
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Suresh
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Originally Posted by chocolate_o_brian
im currently seeking compensation from the company on this one.
If you are seen as a potential litigant, then normal employee/employer relations are impossible. I would suggest to find a job somewhere else and avoid the stress that they are trying to put you under.

Good luck anyway.

Suresh
Old 20 July 2007, 07:10 AM
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Originally Posted by Suresh
If you are seen as a potential litigant, then normal employee/employer relations are impossible. I would suggest to find a job somewhere else and avoid the stress that they are trying to put you under.

Good luck anyway.

Suresh

appreciate the advice. the only problem is, the money. im on around £22k a year for working in a warehouse in lincolnshire, which is pretty good going. nothing, even some it work round here comes close. all my qualifications are in design/art etc, and theres nothing round here to take advantage of. i cant uproot elsewhere either, as i have a house, which is currently being sorted out. otherwise id go round each shift leader and smack them all once each.
Old 20 July 2007, 07:43 AM
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Nido
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Originally Posted by Suresh
If you are seen as a potential litigant, then normal employee/employer relations are impossible. I would suggest to find a job somewhere else and avoid the stress that they are trying to put you under.

Good luck anyway.

Suresh
I'd agree.

If one of the people working for me was trying to sue me whilst still working for me I'd be looking at every little excuse to get them out of the door.
Old 20 July 2007, 07:50 AM
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Originally Posted by Nido
I'd agree.

If one of the people working for me was trying to sue me whilst still working for me I'd be looking at every little excuse to get them out of the door.
Officially you are not allowed to do this, however - once you start doing things like this against your employer, any little accident needs to be run by the book. Again, you are probably not well regarded, so they will look for any mistakes made, as they cannot just sack you without good reason.

Do you know how many warnings you need to get before they can dismiss you?
Old 20 July 2007, 08:07 AM
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I am one of the most anti union people in the world - but when it comes to stories like yours cob, I thank the lord you have impartial support to help! I am no legal eagle but if policies are not managed consistently then you have every right to feel victimised. All the best.
Old 20 July 2007, 08:16 AM
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keep a diary of all the events that have taken place, at the moment, it looks like a case for constructive dismissal, meaning you have no option but to leave as you feel constantly harassed and victimised. join a union asap and use their services for proffesional advice, to fight this alone would be difficult., and yes you can claim against your employer for negligence when you still in employment.

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Old 20 July 2007, 08:16 AM
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Originally Posted by fitzscoob
Officially you are not allowed to do this, however - once you start doing things like this against your employer, any little accident needs to be run by the book. Again, you are probably not well regarded, so they will look for any mistakes made, as they cannot just sack you without good reason.

Do you know how many warnings you need to get before they can dismiss you?

verbal...
registered verbal...
written...
final written...
strike three - your outta here.

the probalem i have is they are not being consistant. the two indicents are practically the same, AND, the procedure is the same NO MATTER how serious the incident.

nido... if the sueing was because you were at fault for something, would you still have the same opinion. i lost three weeks pay due to being off sick with a nackered shoulder, for which im still seeing a chiropractor now, admittedly more frequent since my car accident in april, il admit that much.

the accident was their fault, many on here agreed after every last detail was given. if your at fault, i would have every right to try re-imburse myself to my losses/costs etc.

thats my point. im not being greedy, and this thread isnt about what happened 8 months ago. but they havent followed the same procedure, even if the outcome would have been different. product cases were damaged in both, so why the difference. i cant get my mind around why its one rule for them and one for me.
Old 20 July 2007, 08:19 AM
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Originally Posted by stara
keep a diary of all the events that have taken place, at the moment, it looks like a case for constructive dismissal, meaning you have no option but to leave as you feel constantly harassed and victimised. join a union asap and use their services for proffesional advice, to fight this alone would be difficult., and yes you can claim against your employer for negligence when you still in employment.

been in GMB since january this year. im awaiting a call back from my local representitive who helped me in my last disciplinary where no further action was taken. i will be seeking her advice regards the grievance letter, and possibly time off work regards stress (as its affecting my sleep etc) and/or constructive dismissal. all i wanna do is carry on with my job as normal. i keep myself to myself, and if similar incidents happen in the future (as human error isnt full proof) i expect to be treated the same as everyone else.
Old 20 July 2007, 08:29 AM
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Originally Posted by chocolate_o_brian

the probalem i have is they are not being consistant. the two indicents are practically the same, AND, the procedure is the same NO MATTER how serious the incident.
But if they are treating you by their set rules you cant really complain as all you will do by pointing out their double standards is getting the other person into trouble and the supervisors that didnt do their job to the fullest. It will make you less liked.

How far along the disciplinary line are you in regards to verbal, written etc?
Old 20 July 2007, 08:37 AM
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Originally Posted by fitzscoob
But if they are treating you by their set rules you cant really complain as all you will do by pointing out their double standards is getting the other person into trouble and the supervisors that didnt do their job to the fullest. It will make you less liked.

How far along the disciplinary line are you in regards to verbal, written etc?
im on a written currently. to be honest, i couldnt give two ****s about my shift leader. a weasel of a man. hes all nicey nicey to your face, then stings you when your not looking. this is the second disciplinary hes put me forward for in 5 months. as for the other guy, nothing against him, but why should i be punished more for the same thing. sounds awefull, but im trying to look after no. 1 here.

also another point. due to the valuable nature of some of the products, there are a million camers in there, particularly in the area where my incident happened. in my investigation, i invited the footage to be shown, and if i was at fault, fair enough.

now usually when your proved to be at fualt via cctv, they would rely on this and hound you from every angle possible. but if its incolnclusive or positive towards you... thats funny "no cctv footage was available at the time", even though about 12-15 camera's were swicthed on and in the vicinity. and i have seen first hand the picture quality too. very good

see where im coming from here. this is what pisses me off so much about this. im trying to keep my cool, but its so hard when its so blatant. ive had 9 people come up to me last night, and comment on how they think "theyre after you" to me.

grrr, im just gonna shut up now, as im getting more and more wound up. *******s...
Old 20 July 2007, 09:07 AM
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Andy,

From the outside, it looks like they want you out. It all smells of constructive dismissal to me - I've seen it happen in other companies I worked for and when it was my turn in the barrel I made sure I had enough dirt on them for a decent settlement. Keep a diary, keep out of the way, do your job and keep your head down and even with that it's still likely that they will find some way of getting at you.

Keep your union rep on side but from what you've posted over the last few months it really does look like your best move - if only for your own sanity - will be to find a job somewhere else and then leave.

Best of luck chap
Old 20 July 2007, 09:39 AM
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DCI Gene Hunt
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Yep, its a matter of time before they out you. At some point you'll make a mistake and they'll use it to get rid of you.

They don't trust you, they think that you're an ambulance chaser and you'll sue them at the drop of a hat. So like the others have said its find a new job time.
Old 20 July 2007, 10:02 AM
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Cnsistency of treatment is the achilles heal of many organisations. If they decided they "want someone out" they usually fall down immediately when it comes to matters of consistency.

Yes you need to keep a diary of your incidents, but you also need to keep a detailed diary of other similar incidents where people have received a different 'punishment' for a similar 'crime' - ideally with photos if possible.

You haven't mentioned if the HR department has been involved or if this is just local line management? Line managers often brandish the term 'disciplinary' when they really shouldn't. There are very precise steps that need to be taken and very specific wording that needs to be used when conducing any sort of disciplinary. Perhaps worth having a confidential chat with someone in HR if poss?
Old 20 July 2007, 10:07 AM
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Sack the English worker earning £X per hour.

Hire more Polish workers who will be happy to work longer hours for half the money.
Old 20 July 2007, 10:19 AM
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Yup, its most likely over money.

Just get lots of dirt on the management, sexual harassment goes down nicely if you can get some evidence to back that up Go down in a ball of fire
Old 20 July 2007, 10:39 AM
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Originally Posted by Luminous
Yup, its most likely over money.

Just get lots of dirt on the management, sexual harassment goes down nicely if you can get some evidence to back that up Go down in a ball of fire
Wise words....

Unfortunatley its the way of the world....

Also, you need to be happy at work, can you honestly say you will ever be happy there, knowing all this has gone on???

make a move mate... even if it means a drop in wage... you only get one life, enjoy it.

good luck

Dazza
Old 20 July 2007, 10:45 AM
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If you decided to leave and found another job, you could still take them to an industrial tribunal on the grounds of harrassment/constructive dismissal etc. after you have left.

If your not going to be happy there long term, keep your powder dry, record all incidents and find a job where you will be happy. Then take them to an industrial tribunal - if you still feel that strongly about it!

Last edited by RichardS2005; 20 July 2007 at 10:46 AM. Reason: typo
Old 20 July 2007, 11:02 AM
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Originally Posted by chocolate_o_brian
nido... if the sueing was because you were at fault for something, would you still have the same opinion. i lost three weeks pay due to being off sick with a nackered shoulder, for which im still seeing a chiropractor now, admittedly more frequent since my car accident in april, il admit that much.

the accident was their fault, many on here agreed after every last detail was given. if your at fault, i would have every right to try re-imburse myself to my losses/costs etc.

thats my point. im not being greedy, and this thread isnt about what happened 8 months ago. but they havent followed the same procedure, even if the outcome would have been different. product cases were damaged in both, so why the difference. i cant get my mind around why its one rule for them and one for me.
Andy, I'm not saying you are in the wrong, just seeing it from an employers view, that's all.


Originally Posted by DCI Gene Hunt
They don't trust you, they think that you're an ambulance chaser and you'll sue them at the drop of a hat. So like the others have said its find a new job time.
This is the way they see it.

Whether we like it or not this is the case. I'd imagine that the shift leaders are allowed a certain amount of leway, if they didn't launch any action against the other person who did the same thing then they were just using this.
Old 20 July 2007, 11:03 AM
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"two weeks off due to a repetitive strain injury"

Did you need to be off for two weeks, was the pain that bad ???

and on top of that your trying to sue them.

TBH I wouldnt want someone like this working for me.
Old 20 July 2007, 11:33 AM
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Sounds to me as though the managership does not like you for some reason. It can be very difficult to win against that so if you want to stay there you will have to watch your back. Not a very nice atmosphere to have to work in.

Les
Old 20 July 2007, 05:16 PM
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Originally Posted by grovesy
"two weeks off due to a repetitive strain injury"

Did you need to be off for two weeks, was the pain that bad ???

and on top of that your trying to sue them.

TBH I wouldnt want someone like this working for me.
right read the posts carefully. i was involved in an accident where i skidded on a spillage that shouldnt have been there. wasnt me who made it, thus wasnt my fault.

they disciplined me with a written warning, and i missed three weeks of work to my injuries. thats why im sueing, lost earnings etc, not because im after making a quick buck. remember this is 8 months ago.

the repetitive strain injury is an on going problem since february. its a problem with my wrist ligaments. inflamatory problem. if it wasnt that bad, i wouldnt be seeing a occupational therapist fortnightly at the hospital, a chiropractor for my wrist and shoulders (previous accident as above mentioned!) every couple weeks, and the occupational nurse.

please tell me how this is my fault, as you seem to be pushing the blame onto me and making me the scape goat.
Old 20 July 2007, 05:28 PM
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if you drive a FLT why not "park" the directors cars on the warehouse roof
Old 20 July 2007, 05:30 PM
  #24  
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Originally Posted by Mk2_heaven
if you drive a FLT why not "park" the directors cars on the warehouse roof

i dont. i drive one of these...



bit of misunderstanding here. the forks at the back carry either two chep pallets of three cages.
Old 20 July 2007, 05:36 PM
  #25  
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Originally Posted by grovesy
"two weeks off due to a repetitive strain injury"

Did you need to be off for two weeks, was the pain that bad ???

and on top of that your trying to sue them.

TBH I wouldnt want someone like this working for me.
don't take no notice of idiotic comments like this, the guy sounds like he is in **** you management already, it is your right to expect decent treatment in the workplace.
Old 20 July 2007, 05:45 PM
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I drive a similar truck in Central East London - but im on 12.75K +£500 Xmas bonus - thats probably why they want you out.

Sleeper.
Old 20 July 2007, 05:51 PM
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Originally Posted by SleeperSy
I drive a similar truck in Central East London - but im on 12.75K +£500 Xmas bonus - thats probably why they want you out.

Sleeper.
lol, thing is the poles and slovals who work there are on the same money as us, when thay pass the probabtionary period of a few weeks i believe.

the fact is, that many people know how **** it is to work for bibby around the s****horpe area, no one applys for the jobs even though the money is good. so they look abroad.

even then 100s of poles have quit, and even started up a website slating off bibbys in poland for being ****e lol.
Old 20 July 2007, 06:04 PM
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Back in the seventies I had a friend at school who run away with the traveling Funfair who visted our local park, think he was about 15 at the time. About 20 years later, he fell out with the 'Family' who run the Funfair and was sacked.

I read a while later in the national press that even though he had no paperwork, or had never paid tax or national insurance, he sucessfully sued them and got £51K.

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Aparently he got them on "FUNFAIR DISMISAL"

Last edited by SleeperSy; 20 July 2007 at 06:13 PM.
Old 20 July 2007, 06:24 PM
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C-o-B you have pm
Old 20 July 2007, 07:45 PM
  #30  
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Move on. You have no future at this co. A co. will pay the going rate for the job, no more, therefore you will find a similarly paid job elsewhere.

Or,

take this as an opportunity to get out there and look for something else, but you will have to be committed and make a big effort - a good opportunity/ job won't come and find you.

Howard


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