Hot off the Q&A press - here are this week’s workplace conundrums
Frozen out of decision making - is it a breach of mutual trust?
Sacked for gross misconduct but procedure flawed and no further contact from employer - next steps?
Long term sick returnee - should the employer conduct a risk assessment?
Employer failed to increase notice period when starting new role. Can they change it now?
Bank holidays - wording of the holiday clause is crucial
£75 deducted for a second hand t-shirt. Can they do this?
Training certificates witheld during extended probation. How can I obtain them?
What’s the difference between a casual contract and a zero hour contract?
Same pay, same role but more responsibility than colleagues. Is that fair?
Lack of communication when giving a written warning. Does it still stand?
Frozen out of decision making - is it a breach of mutual trust?
Q. I’m a manager & over the previous number of months my line manager has directly recruited individuals for my team without providing me with awareness or consent.
This has made me feel rather anxious, excluded & stressed, as I’m not sure if she/he is trying to force me out. They have never advised that I’m not performing or fulfilling my duties.
But these actions are causing me to be mentally stressed & not sleeping. Would being undermined be considered as bullying & a fundamental breach of an implied term of mutual trust.
A. Yes, it could be. But before you take any formal action, I suggest you raise a written grievance against your manager. Explain that, as a manager, you are not being consulted when taking on new recruits. I would have thought you should be involved in the selection and interview process as they will be joining your team.
Explain fully in your grievance that you feel anxious and excluded and that you believe there is an ulterior motive. Tell your employer it is having a negative impact on your mental health, and you would like it addressed as soon as possible. It is always better to say what you want to achieve from your grievance, such as, in your case, inclusion, dialogue and a part in the recruitment process.
Sacked for gross misconduct but procedure flawed and no further contact from employer - next steps?
Q. Last week I was called into the office for a disciplinary meeting which lead to my contract being terminated and the reason given is gross misconduct. There was an accident on a job and I’ve been blamed for it, their evidence is that I’ve ticked a box on the paperwork before the job that they deem to be untrue. And they say I’ve signed a procedure document, which I have no recollection of ever receiving.
From what I have found online I can find 2 issues with how the disciplinary was conducted, 1. They should’ve provided evidence prior so I can prepare an answer/evidence and 2. People at the meeting should be impartial, the one doing the minutes was the hse who has conducted the investigation.
After they stopped the recording I was given the option to resign instead. And they advised me I can appeal to an “impartial” manager if I wish. The problem is that it’s now been a week since and I’ve not had a copy of the notes or any communication from them. They seemed to have blocked my access to the app which has all my documents and things that I could use as evidence on. They were also supposed to be letting me know whether I’d be considered for having my old job back. But since I’ve heard nothing I don’t know what to do.
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