Probably not the right time to ask...

But I need an employment law solicitor/lawer urgently.

I'll go into details but can't be too specific as I am being monitored through my IP address.

In all my working life of 20 years plus and holding senior management positions within large corporates I am being taken through a disciplinary on Monday so I need urgent support/help. Having held senior positions of responsibilty I understand employment law to the enth degree however I need to be clear on the legal aspect and to vilify my thought process.

Having looked at ACAS and the GOVT website I am pretty sure I am on the right track however I need to clarify some key points. In all of my years I have never been taken through any capability or discipinary process, my slate is clean and I have worked for the most risk averse company in the world, so I have been taught properly about how to manage people.

I recently left through voluntary redundancy and left to join another large growing e commerce business as a senior manager. However during my stay I have been subject to many illegal processes and also a straight forward case of bullying and harrasment. Before anybody goes into the high ad mighty and for me to grow a pair it is not aimed at me directly but of others and threats have been made on an almost hourly event.

Anyways.

I am aware that laws dictate that the cas is weakened by the length of service and with me only being there for 4 months my case is week, however I am trying to help ther other 30 managers who work for me and the 200 plus that work for us.

There is

Regular bullying via email by the a head of department that regularly tells people thet will get sacked
Unlawful decuction of wages
Unlawful stoppage of the freedom of movement in recruitment policies which leads to descrimiantion of ex employees
Disproportionate sanctions given to people for failure
Lack of support for people on performance management processes
No documentation of interview processes
Not following their own policy for investigation prior to discilinary process or following the guidelines set by ACAS.


As you can see there are a number of failures. i never complain about work but I am against the clock, and I need the info to be able to open the can of worms prior to my hearing on Monday.

I am not after compenasation or sympathy. I have another job to go to, I am doing this because I feel an need to do this for the people I will leave behind, all of which have famailies and children to look after and I want to show the business that they are wrong and they are impacting peoples lives.

I started there because I thought I could make a difference, and I have, the people love the culture that I have created but alas I cannot stand for the cultire that powers that be push through the system. It is unfair, illegal and wrong on so many levels. If I was allowed to my job in the way that it should be the business and more importantly the people would benefit, we have already proven that because performance is up and attrition is down.

To clarify my position, I am being taken to disciplinary even though I have rewritten, Taining, Coaching, Performance Management, Communication strategy, Recruitment process, and improved performance by more that 10% in 3 months because one the the Managers that worked for me failed to fill a spreadsheet in whilst he was on Sickness absence. Additionally I have been 'fined' (which is illegal because only government operations can fine anybody) £250 for one of my teams failing to hot a KPI by 0.27% (a Target that is 60%). *This repeats each week BTW*. This is also a target that I am not officially targetted on or is my contract. The main gripe however is that this fine falls down to the people that work for me and us and they get a similar fine. I am fighting for them, not me. I have a good working background, I am employable, that isnt meant to be sound arrongant but it is easier for me to find work than the people I am fighting for, they have more to lose.

I'm really sorry for the long message, I'm clearly quite ate up by the situation but I will die on my sword for the people I have working for me and I want to make sure that I am not leading them up the garden path.

Thanks for any help offered.

Regards

Winnie/Tezza

 

Union member? If not join one shrpish


Sent from my iPad using Tapatalk HD

 

No mate.

Although its a great point, I have never felt the need to join one. I've been in meetings/hearings on the other side on 100s of occasions and felt that in most cases the union negatively impacted the result for the employee rather than the other way around.

I can fight my own battle on this more effectively than with a union in my humble opinion, its the laws I need to clarify and the ACAS and GOVT websites arent clear on the questions I am asking. When I spoke to ACAS the other day they said I was right, however I want to be water tight.

This is a crusade for me. My Colleagues are being treated terribly. It might be worthwhile me encouraging the workers to go to a union, so a really fair point.

 

Although I am not willing to say the name of the company I am willing to say that they are a very large and very high profile company. It beggars belief that they are so backward thinking and illegal in their practises.

Anyways thanks for the response.

 

Cant help you at all unfortunately but how do you know you are being monitored via your IP? And is it your personal IP out of working hours?

 

You wouldnt believe the lengths that are used. I know it is illegal to do so, and again that reitertaes my point, but they monitor to see if the employees are selling company property. Sometimes I understand why they do it but they don't think about the fact thatto get the info they are breaking the law.

If it was one thing I'd leave it, but I believe in ethics, and the amount of illegalities is scary for a very recognised brand.

I've realised that sound like tyrone on a mission.

 

You wouldnt believe the lengths that are used. I know it is illegal to do so, and again that reitertaes my point, but they monitor to see if the employees are selling company property. Sometimes I understand why they do it but they don't think about the fact thatto get the info they are breaking the law.

If it was one thing I'd leave it, but I believe in ethics, and the amount of illegalities is scary for a very recognised brand.

I've realised that sound like tyrone on a mission.

 

Chef Tyke is an employment law solicitor. He doesn't check his PMs though. Typical lawyer. PM Merde Tete (they're brothers) and he'll give Chef Tyke a nudge. Not a young nudge.

 

Not legally qualified but I do work in HR. Don't all boo at once. Just tried to PM you.

 

I can't help you at all, but I hope it all goes well for you tomorrow. The company sounds truly Victorian in its culture and needs to be taught a lesson.

 

Not a legal expert, but this sounds like a clear breach of a couple of laws (Computer Misuse Act 1990 and possibly the Protection of Harrassment 1997 - Cyberstalking). It might be an idea to hit them with a personal information request to see exactly what they have about you - it might cost £10 - when you lose the disciplinary (sounds like that will be a foregone conclusion irrespective of the legalities). They might not be stupid enough to have it written down that they have broken laws, but you never know, and it would be useful when you take them to an employment tribunal

http://www.worksmart.org.uk/rights/do_i_have_a_right_to_know

 

Not a lawyer (disclaimer) but several years of dealing with employee relations issues.

Deducting the basic salary of an employee is generally unlawful (and possibly breach of contract too) unless acting to recover an overpayment or to carry out a statutory deduction under instruction from HMRC e.g. Tax or Employee NI contributions. There are some nuances in retail.

The only way they could "fine" people would be if it's explicit in the employment contract as part of a performance (!) related scheme. Sounds unlikely though.

You've only been employed for a few months and therefore if you're disciplined (for what sounds like a fairly minor offence) and a penalty is dismissal you should appeal. You need to attempt to exhaust all internal HR procedures.
If dismissed (or resign and attempt to claim constructive dismissal) you wouldn't be able to bring about a tribunal for unfair dismissal but you could bring one for unlawful deduction of wages. As long as you'd raised it as an issue or lodged a claim, within three months of the deduction taking place?

If I were you I'd submit a grievance connected to unlawful deductions of wages and therefore you'd be protected in that any dismissal would be automatically unfair as you're laying claim to a statutory element of the employment relationship.

I'd whack that grievance in before the disciplinary. Approach ACAS too and they can support you through a dispute with your employer.

You may also want to look into whistleblowing...

http://www.linklaters.com/pdfs/mkt/london/GC1442_Whistleblowing_4pp_Final_SCREEN.pdf

Follow/then DM me on twitter @andytinkler as my messages on here don't seem to be working.

 

Very good advice that JC.

 

Probably how they got where they are with the way they practice. Remember rules are only to keep those down that abide by them.

 

Have you considered leaving before they make you 'walk the plank' so to speak. Is constructive dismissalan option or unfair dismissal if you dismissed?

I was being ill treated by my ex-employer - a well known bailed out bank.

I had written my notice out ready to hand in literally as I was due to go to a 'disciplinary' meeting. I let my immediate superior know what I was doing prior to the meeting telling her that I was taking them to a tribunal for unfair dismissal, knowing full well that she'd go immediately to HR. HR then hit on the Regional Director of the business and he then personally came out to see me with (satisfactory) terms to end my contract. Now I had what I considered very good grounds like unilaterally altering my T's & C's. So the advice I'd give to you is copy everything you can, evidence wise, of their wrong doings (even making diary notes of stuff) to back up your case.

 

They would also get free employment law advice usually from Thompsons though sone unions operate a qualifying period for this.

 

They sound like a company who doesnt mind fighting dirty, so if you take them on they'll fight even dirtier. If it goes to law, it'll be about who has got the deepest pockets, so if you've got somewhere else to go to, think carefully about what you are taking on and if its really worth it.

 

Try Chadwick Lawrence Solicitors in Huddersfield - employment law department http://www.chadwicklawrence.co.uk/index.php/contact-us/

Our charity works from their offices (free of charge) - good team.

All the best, Paul

 

Try to phone ACAS better advice than just the website. You won't say who you work for, is it a utility company.