I had to leave my job with a well known company in september due to threats from my transport manger.
I was delivering to shops in the norwich area and clearly couldnt deliver to my last shop as i was going to go over my 15 hours working time
My transport manager told me on the phone if i didnt deliver to this shop knowing that i was going to go over my 15 hours working time when i got back to the depot i will have a disciplinery. He also came out with words like
1,Im going to ■■■■■■■ have you ive got targets to meet.
2, Who do the ■■■■ you think you are.
3, Ure going to be out of a job
due to all this i resigned from my job
im now at the 2nd stage of their grievence procedure i recieved a letter from the company last week and the transport manager has admitted making these comments to me its clearly stated on the letter and he has apoligised
Ive been in the company today and they have upheld my grievence but have said as far as they are concerned the matter is now closed
Im losing £900 a month with wages so what option are open to me any help thanks■■?
It would have been if they had just said that he wasn’t right for the job, however, they have admitted that he was told that unless he broke the law, he was sacked (and then been daft enough to put it in writing ) That will over-ride any time constraints for dismissal etc.
martin25:
I was there for 5 years 16 till i was 21 then was made redundant then went back when i was 23 and was there for 2 years before i left
You have full employee rights - try the CAB (Citizen Advice Bureau) if you have one local
I also advise that you join a union that gives you full legal back up - even if you are the only member for miles
I’m with URTU and never had a prob as they have free legal services
It would have been if they had just said that he wasn’t right for the job, however, they have admitted that he was told that unless he broke the law, he was sacked (and then been daft enough to put it in writing ) That will over-ride any time constraints for dismissal etc.
I see what you mean and I agree that in most cases you would have needed more employment time if it was unreasonable demands etc. But when you are being told that you must break the law, even if they wouldn’t take it on on a constructive dismissal theme, you would still have a case because the plonker has been daft enough to admit it in writing.
From the site you mentioned
Unfair Dismissal
In most cases you need at least a year’s service before you can make an unfair dismissal claim.
Constructive dismissal
bullying, harassment or violence against you by work colleagues
making you work in dangerous conditions
I’m pretty sure that there is enough importance in the issues involved here to make it one of the rare cases where they would not worry about the 12 months employment.
One way to really override this short term employment would be to bring in VOSA, who I feel pretty sure would emphasise the seriousness of working over your hours.
Went into the company for the second part of the grievence all they said is that they upheld my grievence and as far as there concerned the matter is now closed.
Whats the best thing to do now■■?
Im seeing a solicitior tomorrow morning the only problem is its going to cost me £172.00 per hour plus vat she said im looking at around £3500 for the case if it goes to the tribuneral ive enclosed the letter in what the company replied was
DoYouMeanMe?:
I see what you mean and I agree that in most cases you would have needed more employment time if it was unreasonable demands etc. But when you are being told that you must break the law, even if they wouldn’t take it on on a constructive dismissal theme, you would still have a case because the plonker has been daft enough to admit it in writing.
From the site you mentioned
Unfair Dismissal
In most cases you need at least a year’s service before you can make an unfair dismissal claim.
Constructive dismissal
bullying, harassment or violence against you by work colleagues
making you work in dangerous conditions
I’m pretty sure that there is enough importance in the issues involved here to make it one of the rare cases where they would not worry about the 12 months employment.
One way to really override this short term employment would be to bring in VOSA, who I feel pretty sure would emphasise the seriousness of working over your hours.
I think you misunderstood the purpose of the link I posted m8, I posted that link in the hope that it may be of some help to martin25 in deciding the best way to deal with the problem.
In relation to this part of your grievence you stated that mr ****** had threatened you with disciplinery action if you did not deliver to your last shop which took you 50 minutes over your 15 hours working time. You had therefore spoken to vosa about this.
Having spoken to mr ****** he has confirmed that he may have made comments like this whilst he was under stress trying to make sure the deliverys had gone out and his kpi targets had been met for the day.
Mr ****** apologises for any distress this may have caused as this was never his intention.
In his capacity as transport manager he has the responsibility to ensure that all daily deliverys are carried out legally and in a timely manner. However when voicing his concerns he may not have dealt with this in the correct manner. Iwould confirm that this kind of behaviour is totally unnaceptable and the company have taken the appropiate action necessary. Due to the data protection act im unable to divulge any further.
Therefore i uphold your part of this grievence.
******This tribuneral is going to cost me £3500 in costs which to be honest i carnt afford as in loseing £900 a month in wages having read the reply from the company what do you think are my chances of being successful■■?
Thanks again guys for all the great advice id be lost without you
Went into the company for the second part of the grievence all they said is that they upheld my grievence and as far as there concerned the matter is now closed.
Whats the best thing to do now■■?
Im seeing a solicitior tomorrow morning the only problem is its going to cost me £172.00 per hour plus vat she said im looking at around £3500 for the case if it goes to the tribuneral ive enclosed the letter in what the company replied was
As ROG said, the Citizen Advice Bureau is probably the best place to get advise free, also you could try a call to the job centre they should be able to give good advise on the best route to take and may even fight the case on your behalf though I’m not sure if they still do that.
Thank you for the letter dated … where you uphold part of my grievance.
Having been an employee of ZXY Ltd for a ■■■■■■■■■■ period of some 7 years I was therefore somewhat disappointed to have been put in a position where, not only was my professionalism was being called into question, but also being subjected to what amounts to ‘bullying’ to the extent that I reluctantly severed our relationship.
I consider that the circumstances warrant a claim before an Employment Tribunal for Constructive Dismissal but before pursuing that avenue, I would wish to give you the opportunity of offering financial recompense and the guarantee of a favourable Reference should one be requested from yourselves.
I am sure that you would agree that an equitable arrangement would be beneficial to both parties and avoid publicity that may result in XYZ Ltd being viewed in a less than favourable manner.
As they’ve upheld your grievance and you’ve been significantly disadvantaged, you should suggest that your solicitor helps you complete the initial statements that kicks off the employment tribunal process.
If your former employer takes legal advice ( as they will have to unless they’re going to represent themselves at a tribunal in a case where they’ve already admitted liability, as least in part) then they’ll almost certainly settle before reaching the ET.
With some employers, common sense does not kick in until advisors outside your normal line management chain get pulled into the case, usually as a result of a solicitors letter or on receipt of an ET questionnaire.
Don’t drop it as from what’s posted, you’ve got a good case for some compensation. However, there are two sides to every story, don’t forget !
I appealed to the company which i was told to follow their grievence procedure by the citizans advice bereau.
I recieved companys reply today all they said is the grievence has been upheld in my favour and therefore the matter is now closed. They also said i dont deserve any compensation and their decision is final.
The company is a well known company do i back down now or carry on the fight
) That will over-ride any time constraints for dismissal etc.
