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Can they sack me? / Work Place Bullying.

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Piercee100
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PostPosted: 14:07 - 14 Oct 2016    Post subject: Can they sack me? / Work Place Bullying. Reply with quote

I'll try and keep this brief.

I've worked at my company for 15years. Been promoted from a humble road sweeper to driver, chargehand, supervisor, transport manager. Company paid for my HGV 4yrs ago and my International CPC just over a year ago.
There has been an incredible amount of bullying over the last two years (mostly hearsay though no hard evidence) although my boss got the sack this week, the day they handed him his 25yrs long service award. Really nice guy, well liked but not someone that follows the flow or bows down to management. Sacked for giving a member of staff a lift home in his company car (the member of staff filed the complaint- nuts right?).

Anyway, I've been watching the bullying for the last two years, the snide comments and I have myself, been slowly pushed out of the clique and with that latest development decided I didn't want to be part of that team anymore so put my notice in.
Due to the length of service I had to give 12weeks (up to 5th January) notice and I know they won't make it pleasant for me. Can they still sack me in the meantime? I've had no reply to my resignation letter as yet and suspect they will try and bill me for training received but really want to know if I there is anything I can do to protect my self in the meantime?

My boss had 5 people put in complaints about him all from newly promoted staff and one of those after being leaned on admitted he had been forced to write the statement as part of his promotion but refused to say by who (he has six children and needs the job) and wouldn't sign anything on the matter.

I've noticed since my letter went in on Tuesday, my emails have been tampered with and paperwork touched so I know they are looking for something but I have no actual proof as yet.

Our depot have been investigated previously for racism and bullying but appear to be teflon coated (usually out of court settlements). Have also been known to hire private detectives to follow staff on long term sick or suspected of having second jobs- takeaway deliveries etc.

Kinda feel trapped.
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Derivative
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PostPosted: 14:10 - 14 Oct 2016    Post subject: Re: Can they sack me? / Work Place Bullying. Reply with quote

Piercee100 wrote:
Kinda feel trapped.


It's a job. You're not a slave, if you walk out tomorrow they won't be dragging you into a gulag.

15 years is a long time, but at the end of the day, the business arrangement soon no longer will be.

For a months' pay out of 180 months I'd be focusing on getting the future sorted. Sounds like a complete clusterfuck.

It's easy when you're in a job to think this is your life and not having it is weird. The company doesn't give a fuck, you're an interchangeable profit unit and you're no longer profitable. It's not emotionally motivated (ignore the lower level lackeys).

If it looks like they're going to withhold pay, then I'd ask them for a written confirmation (for later use), and in the absence of it, just stop turning up. Contracts aren't there for the benefit of one side only.

Quote:
Have also been known to hire private detectives to follow staff ... suspected of having second jobs- takeaway deliveries etc.


This is some James Bond level shit. Do they pay you six figures + then, or is it just a standard wage that happens to control what you can do 24h/day?
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.....
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Joined: 15 Jan 2005
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PostPosted: 14:23 - 14 Oct 2016    Post subject: Reply with quote

You sound terribly stressed. I think what you need is some time off for that stress, maybe spend it at home until you feel better, which may be around January 5th Whistle
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Piercee100
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Joined: 07 Mar 2011
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PostPosted: 14:27 - 14 Oct 2016    Post subject: Reply with quote

Your right of course, and this has been my life since the age of 16 (actually worked for these people 5 years prior to employment as agency staff as I loved the job so much)- Gulp! 20yrs...

I don't think I signed anything regarding leaving the business after training but these people seem to have a way of producing paperwork.

Just think it might be awkward future employers asking for a reference from these people, especially as I only have one job on my CV. It was always my understanding that businesses had a duty to provide a reference but I have never known this lot to ever give one, even seeing piles of reminder letters on the regional managers desk.
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Derivative
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PostPosted: 14:34 - 14 Oct 2016    Post subject: Reply with quote

Piercee100 wrote:
it might be awkward future employers asking for a reference from these people


Personally I've never found this worth worrying about. Any employer worth bothering with will understand the situation if you explain it.

You worked there for 15 years, it's obvious you can't have been that terrible for them to keep you and promote you over that time period.

Put the shoe on the other foot and ask what you'd think if someone approached you for employment in this situation.

If we're talking about 'computer says no', do you want to work there anyway?


Last edited by Derivative on 14:57 - 14 Oct 2016; edited 3 times in total
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Piercee100
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PostPosted: 14:34 - 14 Oct 2016    Post subject: Reply with quote

Actually the private detective thing came about after one of our drivers (drives a dustcart) was followed to a second job he had not declared. He was working as an evening cleaner in a local powerstation and security called the Police after a suspicious car followed him onto the site, so it all came out into the open.

Then of course, he was given an out of court settlement and told to remain quiet...
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TheArchitect
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PostPosted: 14:54 - 14 Oct 2016    Post subject: Reply with quote

You got nothing to worry about.

You have handed in your notice as is required per your contract. They don't have to acknowledge it for it to stand as long as you can prove you have submitted it and it's in their possession. They may query it or counter with alternative terms that aren't per your contract, but that's a separate conversation to be had if you want to.

About the bullying, unless it's something you show evidence for and have witnesses prepared to speak up about it, it won't amount to anything. Rather I'd suggest you get on with your contracted work for the remainder of your notice period and get out of their clean. If they decide to sack you in the meantime for performance related issues, which they can do, then they have to have been seen to have had given you reasonable warning and opportunities to improve. This process must be documented and signed by both you and them. If this piece of paper does not exist then they have to take the redundancy route which means you're quids.
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Piercee100
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PostPosted: 15:19 - 14 Oct 2016    Post subject: Reply with quote

Thanks all for the advice Smile

The reality is that getting the sack would enable me to get employment faster I suppose. Nobody want to employ someone who has to work 12 weeks notice first!

All I would request from them is they allow me to go peacefully. It could be they're gathering evidence should I make some sort of claim as I go... We'll see.
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TheArchitect
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PostPosted: 15:30 - 14 Oct 2016    Post subject: Reply with quote

Piercee100 wrote:

The reality is that getting the sack would enable me to get employment faster I suppose.


Ideally you want to be made redundant, take the payout and live of that while you look for a job at your leisure.

A sacking will be messy unless you have all your bits in order. Terms for the sacking can get complicated and they *might* be entitled to reimbursement for the training they paid for. You don't want to go down that route.

Your easiest route out is to work off your notice period and leave quietly.
Your most economical route out is to be made redundant.
Your worst route out would be to get sacked.
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Pete.
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PostPosted: 15:57 - 14 Oct 2016    Post subject: Re: Can they sack me? / Work Place Bullying. Reply with quote

Piercee100 wrote:
....really want to know if I there is anything I can do to protect my self in the meantime?



If they are tampering with your emails you could back them up (inbox and sent items) to a pen drive if you can, that way if they do conjure something up you have original copies.

Most likely someone is just paranoid that you might have reported them to head office for something and are thinking you might put in a complaint when your notice is up.

If you can, change your login password and keep your terminal locked.
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Derivative
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PostPosted: 16:15 - 14 Oct 2016    Post subject: Reply with quote

Yes, good point. If stuff like your pay slips and timetables are computerised, get print outs because they'll be useful for negotiation/legal action later.
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iooi
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PostPosted: 16:47 - 14 Oct 2016    Post subject: Reply with quote

So is this a role within a council? or a private company?

Well I hope you are looking for a job already..

As to reference. Most companies only say worked here from to. And leave it at that.
Anything over and above can lead to problems for them if it comes out its a lie.
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stinkwheel
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PostPosted: 17:00 - 14 Oct 2016    Post subject: Reply with quote

Joe wrote:
You sound terribly stressed. I think what you need is some time off for that stress, maybe spend it at home until you feel better, which may be around January 5th Whistle


This is pretty much the thing if you feel it's going OTT and it does sound pretty like you're stressed by the situation.

They can't sack you if you're off sick.

They'll also know going off sick with stress during a notice period is often a prelude to having their arse dragged through a constructive dismissal tribunal. They'll be shitting themselves worrying what you've got on them.

The above notwithstanding, hunker down, work your notice period and give them no excuses for disciplinary. That said, if they want rid of you, you're going.

Employers understand about notice periods. I think they'd be of the oppinion that someone who has a 12 week notice period is probably an employee worth having (the existing employee considedring them difficult to replace) and the fact you're working it out means you're the type of employee who wont leave them up shit creek.
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MCN
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PostPosted: 17:09 - 14 Oct 2016    Post subject: Reply with quote

I do not think there is any requirment for a company to give reference.
It is company policy to do so or not.
The companies \i have worked for have never offered and I have never asked for one or been asked by a new employer.

They are pretty worthless for most jobs anyway.

I think you can report Harasment after you leave a company too.
It is against the law to harrass employees. And any sexual, racial, gender-ist misconduct is normally looked at more closely.

They sound like a bunch of Shite Nuggets. Better away from them hoowurs.
Pray for an Electrical Fire in the tea shack and they are all trapped in it. (Maybe a wee bit OTT but I was just sayin'.)
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MCN
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PostPosted: 17:15 - 14 Oct 2016    Post subject: Reply with quote

stinkwheel wrote:
Joe wrote:
You sound terribly stressed. I think what you need is some time off for that stress, maybe spend it at home until you feel better, which may be around January 5th Whistle


This is pretty much the thing if you feel it's going OTT and it does sound pretty like you're stressed by the situation.

They can't sack you if you're off sick.

They'll also know going off sick with stress during a notice period is often a prelude to having their arse dragged through a constructive dismissal tribunal. They'll be shitting themselves worrying what you've got on them.

The above notwithstanding, hunker down, work your notice period and give them no excuses for disciplinary. That said, if they want rid of you, you're going.

Employers understand about notice periods. I think they'd be of the oppinion that someone who has a 12 week notice period is probably an employee worth having (the existing employee considedring them difficult to replace) and the fact you're working it out means you're the type of employee who wont leave them up shit creek.


Sickness won't protect you from being sacked or laid off.
They can't sack you for being sick but then they may be daft enough to do it without knowing how much hassle it will cause them.
You would still be oot a job and who wants to work for an outfit who just sacked them? Smile
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 17:22 - 14 Oct 2016    Post subject: Reply with quote

MCN wrote:

Sickness won't protect you from being sacked or laid off.
They can't sack you for being sick but then they may be daft enough to do it without knowing how much hassle it will cause them.
You would still be oot a job and who wants to work for an outfit who just sacked them? Smile


My brother had a member of staff who was on her final warning and he was ready to sack her (pretty much for being useless, not turning up etc). She must have got wind of it and immediately went off sick with a glass back.

His solicitor said if he sacked her while she was off sick, he'd be opening himself up to a world of trouble so he had to either wait for her to come back to work or deal with it under the company rules for long term illness.

Three months she was off, marching orders given first day she appeared back.

OP should have a company handbook somewhere which covers employee behaviour and disciplinary procedures. He should read it.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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MCN
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PostPosted: 17:47 - 14 Oct 2016    Post subject: Reply with quote

stinkwheel wrote:
MCN wrote:

Sickness won't protect you from being sacked or laid off.
They can't sack you for being sick but then they may be daft enough to do it without knowing how much hassle it will cause them.
You would still be oot a job and who wants to work for an outfit who just sacked them? Smile


My brother had a member of staff who was on her final warning and he was ready to sack her (pretty much for being useless, not turning up etc). She must have got wind of it and immediately went off sick with a glass back.

His solicitor said if he sacked her while she was off sick, he'd be opening himself up to a world of trouble so he had to either wait for her to come back to work or deal with it under the company rules for long term illness.

Three months she was off, marching orders given first day she appeared back.

OP should have a company handbook somewhere which covers employee behaviour and disciplinary procedures. He should read it.


There are Big Shots who are daft enough to 'come ahead' and tribunals rapp their bank books for it all the time. Smile

"We don't need to involve the lawyers, just sack that bsatirt. I want him/her sacked now!!"

Your brother isnae daft. Smile

I know you must be very careful and document bad work and also not harrass.
So it has to be Verbal, written, then pounce.
Or hope they punch someone or steal something.

Easiest way to 'flush a turd' at work is on Time keeping. Three lates and it's out. Bad time-keeping it is like stealing from the company.

It is very difficult to do all of this and cash payment is sometimes cheaper than a solicitor. either way you end up paying some schmuck. Sad
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Jewlio Rides Again LLB
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PostPosted: 20:35 - 14 Oct 2016    Post subject: Reply with quote

This is definitely Tritey
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Rogerborg
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PostPosted: 08:29 - 15 Oct 2016    Post subject: Reply with quote

You handed in your notice without getting a new job lined up first? Brick Wall

Get a new job elsewhere. Tell them you can start on Monday. Start on Monday.

Nothing bad will happen to you.
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stinkwheel
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PostPosted: 10:16 - 15 Oct 2016    Post subject: Reply with quote

MCN wrote:

Easiest way to 'flush a turd' at work is on Time keeping. Three lates and it's out. Bad time-keeping it is like stealing from the company.


Nah.

Health and safety violations.

Missing PPE? Have a warning.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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c_dug
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PostPosted: 10:52 - 15 Oct 2016    Post subject: Reply with quote

Time Keeping/PPE/Whatever are all well and good but only work if the employer treats everybody the same.

OP I'd be inclined to speak to a solicitor regarding constructive dismissal, you can't be expected to work three months in an increasingly hostile environment, where your employer is itching for a reason to get you out of the door for free, and failing to tackle bullying.

The law is designed to protect against pretty much that exact scenario.
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Wonko The Sane
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PostPosted: 20:53 - 15 Oct 2016    Post subject: Reply with quote

stinkwheel wrote:
MCN wrote:

Easiest way to 'flush a turd' at work is on Time keeping. Three lates and it's out. Bad time-keeping it is like stealing from the company.


Nah.

Health and safety violations.

Missing PPE? Have a warning.


bad timekeeping where I am just has you miss out on friday lunchtime beer

cocking up customer orders for very similar stupid mistakes, that's where it's at.
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colink98
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PostPosted: 13:33 - 17 Oct 2016    Post subject: Re: Can they sack me? / Work Place Bullying. Reply with quote

Piercee100 wrote:
suspect they will try and bill me for training received


It is not uncommon for there to be an agreement that after training if the person leaves then the firm can recoup some of the costs..
something along the lines of 1-3 months 75% 3-6 Months 50% 6-9 months 25%

however this is normally agreed to in advance of the training and cannot be applied retro.
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