they finally got me

[matzoball]

I've posted on here before regarding the problems I have at work - well I finally messed up and made a mistake that cannot be attributed to my AS. I let a line go by accident which has resulted in the company having to pursue the customer for 196 pounds. This has happened before(not due to anything i had done) and the person involved was not in any way disciplined. This disciplinary has come less than 2 days after Prospects requesting a meeting which was going to question the company and their lack of support and reasonable adjustments which i continually ask for.

 

They gave me less than 24 hours notification, which means my union rep can't attend, no evidence to back up their issue - and have tacked on another 2 issues since I got the notification letter which are definitely AS related. I am pretty sure that's not legal.

 

I have no problems putting my hands up to the mistake I made, I am actually kicking myself for being so stupid to give them what they were looking for to get rid of me. I just don't think that what has happened is a sacking offence. They got rid of someone last month because she chose to complain that she was being discriminated against because of her gender. They have been looking to get rid of me since I started asking for reasonable adjustments to be made.

 

I have drafted a letter citing my resignation under grounds of constructive dismissal and the reasons for it - I'm just not sure whether to jump before I am pushed...

[westie]

Is there any way you can ask them to postpone the meeting until you can have a union rep in with you? Check this out, there may be something which says you can reasonably ask to postpone if you want a union rep in with you (I am not sure if this is right or wrong - you could ask the union rep or if you have access to a free solicitor or advice line via your union membership then they could advise). Or alternatively do you have another work colleague who can attend the meeting with you, if the union person cannot? Then they can be a witness as to what they say to you and help to record facts etc about the meeting. And then if they give you the sack for this offence, if others have been let off for the same thing then you can take it further with the help of the union. If you are attending a disciplinary meeting then I am sure you are allowed someone else who works there in with you if there is no union rep available, or if you are not a member of a union.

Don't let them push you out, its not fair and it sounds like they keep doing similar things to people other than yourself, and are thinking they will always get away with it.

[Jota]

It's a statutory right you must be allowed to be accompanied by another employee of your choice or your union rep. They should also have notified you in writing. Simply telling you to turn up the next day isn't good enough and an industrial tribunal would frown upon that if it were the case.

 

What Are Disciplinary Procedures?

Regulations came into force in 2004 to make it compulsory for all businesses in the UK, regardless of size, to have a formally laid down procedure for resolving workplace disputes regarding staff. The procedure should, as a minimum, cover issuing employees written statements about the grounds for disciplinary action, followed by a meeting to discuss it.

 

As part of their workers' rights, employees are allowed to be accompanied by another employee or a union representative at this meeting and any other meetings necessary throughout the process. There are time deadlines imposed for each. Employees are allowed to appeal against any decisions taken by employers after the meeting or meetings and if they are not satisfied after that appeal they may take to case to an employment tribunal.

 

In fact, many businesses have procedures that are more complex than those described above, this is just the minimum permitted by law. Employers must produce disciplinary procedure documentation and make it available to them. Note that this only applies to employees. There is now a distinction between workers and employees with regard to workplace legislation.

 

http://www.workingrights.co.uk/DisciplinaryProcedures.html

 

This is another good site on the topic with advice on disciplinary procedures and discrimination at work...

 

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/index.htm

[matzoball]

Well they handed me a letter on monday eaxactly 24 hours before the disciplinary - I took a colleague of mine in with me because my union rep wasn't available on such short notice and wouldn't be for 2 weeks.

 

When I went in, they had actually added on at least another 8 issues - the letter didn't give any reason barring a heading of job related performance. I know that they are supposed to provide me with evidence of everything they are bringing up, and a list of the specific reasons etc so I am able to defend myself.

 

When I told them that this was illegal they said they had fufilled their legal obligation to me by giving me 24 hours notice in writing.

 

Everything barring the one mistake I did make was either fabricated or so far back that I couldn't remember specifics - and since I wasn't told about them before the meeting I had no way to defend myself.

 

They sacked me yesterday afternoon - I am going to speak to Prospects today regarding it to see what to do next.

 

I should be having a lie in really but being up at 6 is part of my routine haha

[westie]

That is terrible. I hope you take this further and that you get some good advice from your meeting today. If they are no help then you could ask your union again. Good luck and hope you find a more understanding employer next time

[Jota]

Well they handed me a letter on monday eaxactly 24 hours before the disciplinary - I took a colleague of mine in with me because my union rep wasn't available on such short notice and wouldn't be for 2 weeks.

 

When I went in, they had actually added on at least another 8 issues - the letter didn't give any reason barring a heading of job related performance. I know that they are supposed to provide me with evidence of everything they are bringing up, and a list of the specific reasons etc so I am able to defend myself.

 

When I told them that this was illegal they said they had fufilled their legal obligation to me by giving me 24 hours notice in writing.

 

Everything barring the one mistake I did make was either fabricated or so far back that I couldn't remember specifics - and since I wasn't told about them before the meeting I had no way to defend myself.

 

They sacked me yesterday afternoon - I am going to speak to Prospects today regarding it to see what to do next.

 

I should be having a lie in really but being up at 6 is part of my routine haha

 

They seem to have done the absolute minimum, perhaps too little as you say they never said in the letter what the specifics were.

 

Good pages here with advice and I'd take it further if I were you.

 

Employment Tribunals -

 

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Employmenttribunals/index.htm

 

Employment rights and the Disability Discrimination Act -

 

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/YourEmploymentRights/DG_4001071

[jon79]

dont give up on this, dont let them get away with it.

[matzoball]

I am getting help from Acas, and Prospects are going to give me any help I need as far as I know - not going to take it lying down!!

 

Will keep you all updated!

[matzoball]

have started the tribunal proceedings - first step is asking them for a written explanation why they fired me, why they only gave me 24 hours notice, and why they ignored employment law and my disability. they get 2 weeks to reply - so should be interesting!

[westie]

Hey good luck with the tribunal,hope you get some answers and win your case X

[Sally44]

Learn what you can from this situation and learn what your rights are for the future.

Find out what support and adjustments you can reasonably ask for and get with any new employer. Find out about any agencies or mentors that can help you into a job etc. Find out about any advocates so that you have that information to hand when you need it.

 

Follow this tribunal and complaints as far as it is useful to you whether that is mentally or financially.

 

If it just becomes a time consuming paper chase and a drain on you mentally and emotionally with little chance of anything positive coming out of it, then consider walking away. I hope you understand what I mean by that.

 

Choose your fights, and I hope you get some satisfaction from this one.

[Sally44]

My sister works in a sheltered work place. She has been there for over 30 years. During that time the employees have changed from having learning difficulties or disabilities to those with only physical problems. Gradually the pressure has caused one after another of the learning difficulty employees to leave. My sister is now the only one left!

I have twice had to become involved because I felt they were trying to corner my sister into a situation for her to be 'dismissed'. Both times we have successfully managed to get further adjustments either short term or long term.

 

I feel very strongly that those with difficulties, who manage to get through school and college, should have the prospect of finding a suitable job and keeping it down. Otherwise what is the point of the sausage factory of education????