Tuesday Q&As

7.12.21 The regular weekly question and answer newsletter

Today we have a varied list of questions chosen from my social media channels and from emails received. Remember, I put out regular (almost daily) videos on TikTok and occasionally on Instagram, and sometimes I’ll tweet something!

I’m covering contracts, disciplinary meetings, pay, bullying, TUPE, age discrimination, bank holidays, covid and much more. . .

Contract & disciplinary

Q When I changed roles to a different department and my job title and pay was changed I again never received a contract or signed anything. I was accused of working whilst on a paid study day (which I never). I was taken in front of a disciplinary panel and told I had breached my contract of employment. I said I never knew this was not allowed as I never got contract and therefor asked for one verbally and in an email afterwards. I was told ‘you don’t need one and this doesn’t effect the disciplinary process’. Since this disciplinary in October I’ve been provided with a contract to sign but no copy for myself and I still have the disciplinary on my staff record. As I never had a contract and they refused to provide me with one including the terms and conditions is there any way that I can have this removed from my staff record and provided with a signed copy from them to myself as well as the T&Cs that accompany it?

A There are basically two issues here. Firstly, your contract. I suggest you take a copy before handing back the signed version or simply request a copy from your employer (in writing). If they refuse you could always consider making a request to see your personnel file under GDPR.

Your disciplinary issue is entirely separate from the contractual issue. If you are/were unhappy with the disciplinary you have the opportunity to appeal,

but, as it was it October, it is probably too late to do so. There’s no harm in trying though. Write and ask for an appeal. You will not be able to have the disciplinary removed from your file simply because you didn’t have a written contract at the time.

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Pay

Q Hi I work in a haulage company and I have just found that the company are advertising jobs at a different depot doing the same job for £2 an hour more. I work in the north east and the other depot is in the north west. Can a company do this or do they have to have parity though out the workforce on the same job.

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