ghg

well just had a week off with my wife and daughter (starting date the 26/11/2007 back today the 03/12/2007 (legitimate holiday) I have worked for this company for 4 months no problems thus far.

today I have recieved two letters by hand, one dated the 27/11/07 and one dated 01/12/07, one saying we want you to come in for a discaplinary hearing because of failure to follow company procedures, and one advising me that its serious to ignore the first letter and that a new hearing will be heard tommorow!!!

its funny, but their incompetance is astonishing, especially seeing that the company failed to give me a copy of the companys policies and procedures when I started employment. Laughable.

any thoughts on this?

george

jiffthejiffmanjaffa

iTrader: (10)

Have you actually been fired?

I think you need to talk to your line manage to slear this matter up, could there have been a clerical error?

bootsy

get hold of acas

ghg

hearing set for tommorow, however they have made it quite clear they dont want me. can I goto ACAS especially seeing as I have only worked there for 4 months and as far as I am aware I am under no contractual agreement with them (nothing signed)

bootsy

i would ring acas and see what they say

ghg

p.s a director of the company gave me the letters. envelopes numbered 1 & 2 funnily enough.

cookstar

iTrader: (6)

What was the company procedure you failed to follow?

ghg

they havent given me that information.

Butty

iTrader: (2)

Tomorrow doesn't leave you much time. The minimum you need to do is give a letter in tomorrow stating why you couldn't attend the first hearing, secondly to state that you have never received any company disciplinary procedures and thirdly that being given less than 24 hours to prepare your case is unfair.
Also get in early and send the same letter via email to HR and relevant director(s).

Presumably this is going to be a first offence hearing?

When you were offered the job, wasn't there any type of written offer with conditions/pay/probationary period?

Nick

[Davey]

Yeah be nice to know the whole story before you are offered any false symphathy

Kieran_Burns

iTrader: (1)

So tomorrow will be the initial meeting where they will outline the complaint(s) against you, give you the details to takeaway and to inform you of the date of the disciplinary hearing where you can bring evidence to aid your defense.

You are allowed to bring someone in with you, but they are not allowed to take part, merely act as a witness.

cookstar

iTrader: (6)

Have you asked for this information?

cookstar

iTrader: (6)

thats incorrect iirc, if you take someone to represent you they can indeed get involved

ghg

no it was a verbal offer, with no paperwork but I was told that once the probationary period was over (3 months) I would be given a contract with all details.

its the first problem I am aware of, no one has approached me with any issues and no one has approached me to make me aware of any issues, im always early at least 15 minutes before my start time and I leave when I am done not before, no sickness.

I have prepaired a letter, but I really need to goto cab and talk to someone about it, I know that I have limited rights as my employment is less than 1 year.

george

ghg

they have said that I am allowed to take someone with me, either a work colleague or a friend, they are allowed to address the meeting and confer but they are not allowed to speak on my behalf.

cookstar

iTrader: (6)

you may have more rights than you think well before 1 year, I was told that you are treated as a permanent employee after 3 months.

ghg

fingers crossed that is the case, I have done a little digging and found they are well known for this kind of treatment towards their staff. no one talks about it at work so id never heard anything previously.

Kieran_Burns

iTrader: (1)

If they gave you no paperwork regarding your 3 month probation then you have passed it and you are considered a permanent employee.

The bottom line of that, is that they have to follow formal disciplinary procedures, as evidenced by the hearing. That letter you received at work should've been posted to your home address as well.

It seems that THEY are not following procedure at the moment

Kieran_Burns

iTrader: (1)

Digging a bit more you:

113. The companion should be allowed to address the hearing in order to:
• put the worker’s case
• sum up the worker’s case
• respond on the worker’s behalf to any view expressed at
the hearing.
114. The companion can also confer with the worker during the hearing.
It is good practice to allow the companion to participate as fully as
possible in the hearing, including asking witnesses questions. The
companion has no right to answer questions on the worker’s behalf,
or to address the hearing if the worker does not wish it, or to prevent
the employer from explaining their case.

From this site: http://www.acas.org.uk/media/pdf/l/p/CP01_1.pdf

Hope it helps

ghg

cheers kieran

hrness

name the company, so we never work for em lol

ghg

another question. I have contacted my employer in regard to the letters, he states they have sent letters by recorded delivery, but I have not recieved anything from them and certainly havent signed anything, he insists he can prove this, obviously I insist hes mistaken and he is wrong.

I have asked for time off tommorow to seek legal advice, he says he dosent have to give me time off for this, I said surely im entitled to legal advice, he says you have got to be in work tommorow, and in the f***ing office at 5pm for the meeting, ive got f***ing loads on you so dont f*** me about. you get the idea. am I entitled to get time off to seek advice?

andy97

iTrader: (1)

If you cant get a witness, take a digital audio recorder.

pslewis

Get another job, offer to resign - you don't want to be sacked as it looks bad on your CV.

ghg

I think thats the route im going to go pete.

they owe me 5 days holiday, so im going to just hand in my notice in the morning and state I wish to use my holiday in lieu of a notice period.

really could be doing without this at christmas, but heh ho..

thanks for the help so far

Luminous

iTrader: (3)

go off sick and take advice. may as well milk them for what they are worth if they really are total asshats.

Scoob99

iTrader: (1)

George,
if he has told you he has sent letters by recorded delivery, ask to see the book that they have to put the recorded stickers in to keep a log of the recorded/registered mail sent out to people, if this is the case take down the numbers then go onto www.royalmail.com and then go to the track and trace put in the numbers and see what comes up if nothing shows up tell him he is taking the ****, it is a 9 digit code something like DL586453979GB, Hope all goes well.
Cheers
Colin

ghg

he has given them to me, but they both show as un-delivered obviously! they may have sent them, but neither have made their way here.

I am going to just stick to handing my notice in, its not ideal but to be fair im starting to feel im well out of it.

G

Bug Eyed Peas

Also make a daybook. That is a daily log of everything that has gone on at work. Conversations with the managers etc. This may come in useful as ammunition if they get snotty.

Use it also to write down extra information, for example, they said that they had sent you letters by recorded delivery etc. As said, use the RM website to see if they were telling the truth.

Good Luck

Ant

Luminous

iTrader: (3)

Don't just hand your notice in. That is what they most probably want.

Start and look for other jobs and take them for what you can get away with. Bad back, back to work, bad back, back to work

I never condone this if you employer is half decent. Just play it by ear, if they are really going to try and screw you over then they eventually can. Just make them pay for it while you are looking for a new job.