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Author Topic: Disciplinary Issues and Questions  (Read 2331 times)

Newmember2

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Disciplinary Issues and Questions
« on: 12-12-18, 09:59PM »
Hi,

I have a question regarding a member of staff in my store. They requested holidays earlier this year for time off for throughout the year, as requested by management. One such holiday has been and gone, since going on holiday they received 2 invitations to an investigation and by the time of getting back after a week an invitation to an appeal for dismissal was at their address. The first two invitations were hand delivered, what is the process for this?

No evidence of the holiday not being booked has come to light, the managers have not presented my colleague with any evidential information regarding this. Unfortunately they are a member of USDAW, and has been told that they cannot have a member of staff present in the interview who is trained by USDAW. They don’t have a copy of their holiday form and by the looks of it management don’t either. Often holidays are verbally agreed/changed etc without the two week procedure. Is there any advice I could get from people to help with this situation? The whole process has been hurried up with the hand delivery of the letters, not followed correct process. This member of staff has been out of work now for well over a month without pay. The holiday itself was booked earlier in the year. In addition to this a similar situation took place late August where the member of staff did have a holiday booked, comes back and finds that they are invited to interview - turns up early and it didn’t even take place! The managers at the first hearing said there were next steps and that the remaining holidays for the year should’ve been booked then, when originally they all had been earlier this year.

Any advice would be great.

Iron Giant

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Re: Disciplinary Issues and Questions
« Reply #1 on: 13-12-18, 12:07AM »
Unfortunately they are a member of USDAW, and has been told that they cannot have a member of staff present in the interview who is trained by USDAW.


Just to clarify, are they a Member? Irrespective they are legally entitled to have a colleague of their choosing representing them.

http://www.acas.org.uk/index.aspx?articleid=4066

Workers have a statutory right to be accompanied by a companion at a grievance meeting.

The companion may be:

a fellow worker (i.e. another of the employer's workers)
an official employed by a trade union
a workplace trade union representative, as long as they have been certified in writing by their union has having had experience.
The companion should be allowed to address the meeting, respond on behalf of the worker to any views expressed at the meeting, or confer with the worker during the hearing. The companion does not, however, have the right to answer on behalf of the worker.

Some worker may have an additional contractual right to be accompanied by a person other than listed above, for example, spouse, partner or legal representative.
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Redshoes

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Re: Disciplinary Issues and Questions
« Reply #2 on: 13-12-18, 12:54AM »
Hard to argue was on holiday without forms but that works both ways. As has happened to someone else there is a case to argue. Can argue should have had annual holiday meeting and as had not done this has resulted in lack of paperwork. Ask about remaining holidays booked and if system.

RubyRed

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Re: Disciplinary Issues and Questions
« Reply #3 on: 13-12-18, 05:18AM »
I don’t think there’s an issue with the letters being delivered by hand.  In terms of a trained usday rep as the colleague rep this happened in a store I worked in.  The Manager spoke to an AO from usdaw and he said it was a no as people pay for that representation in their union fees.

1man2jobs

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Re: Disciplinary Issues and Questions
« Reply #4 on: 13-12-18, 06:17AM »
something similar happened to me and was simple to resolve

-holidays were booked and agreed verbally
-i went on holiday
-first day back I was asked to attend welcome back
-during welcome back i mentioned I had permission to be off
-it was alleged the manager I booked with didn't give me permission
-there was no paper trail
-i spoke to the specific manager and he said he didnt recall me asking for those specific holidays (total BS in my opinion) I corrected him
-kept repeating the facts that I had been given permission
-situation resolved

Newmember2

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Re: Disciplinary Issues and Questions
« Reply #5 on: 13-12-18, 07:16AM »
Thanks all for your response. In terms of the letters being hand delivered, they were delivered by the store manager himself. Upon the second occasion he was caught as he was delivering the letter and the reason he gave was that ‘its process to hand deliver them’. The argument there would then be, if a colleague was off sick would the manager turn up at the house and deliver a letter and then again two days later. The emergency contact was not called into the situation and no duty of care was followed up I.e. involving the emergency services etc.

The colleague is not a member of USDAW. The antics within the store are often childish and professionalism is not followed. Having asked for all the evidence they are unable to produce the holiday request form, as what normally takes place is that management don’t return your copy of the form and leave their copy on the side. They therefore don’t have the evidence to back this up.

With the letters being hand delivered on the first day, the appropriate Tesco procedure in terms of timing between delivering and having the investigation was followed. The second time the letter was delivered the appropriate time frame wasn’t used. With them being hand delivered, this has speeded up the process so quick, where in the space of a week, the colleague has ended up being dismissed. I think it’s also a case of bullying to an extent, the person responsible for managing the holidays acted in an awful manner and always went through other memebers of staff to ask questions etc with those she didn’t get on well with.

lucgeo

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Re: Disciplinary Issues and Questions
« Reply #6 on: 13-12-18, 04:02PM »
Who dismissed the colleague?? The Store manager?? If so, then you could argue that the process has been compromised..due to the fact that the SM hand delivered the letters....therefore the appeals process is contravened due to the fact that he knowingly knew what the letters were about and took part in the investigation by hand delivering them personally, so how can he be non biased when hearing the appeal before dismissing??

Also as stated by a another poster....the fact that the same situation happened previously, and that colleague was only given a lets talk, then the dismissal was unjust and inconsistent with the previous outcome, and therefore your friend can put in a grievance stating that fact.
« Last Edit: 13-12-18, 04:04PM by lucgeo »
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Newmember2

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Re: Disciplinary Issues and Questions
« Reply #7 on: 13-12-18, 06:06PM »
Yes it was the store manager who did all the paperwork and then personally hand delivered the first two letters.  The third was then posted, but again it was written by the store manager and not an unbiased manager.  The same situation happened a few months back but they didn’t even have the interview, no let’s talk was given and was told to start work.

lucgeo

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Re: Disciplinary Issues and Questions
« Reply #8 on: 13-12-18, 07:24PM »
Then use the above example in the appeal 8-) 8-)
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Newmember2

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Re: Disciplinary Issues and Questions
« Reply #9 on: 17-12-18, 07:15PM »
Hi All.

Unfortunately the appeal was denied. A number of points were brought up considering the time for a letter to be delivered, which policy was being followed etc. It seemed that the unauthorised absence policy was being used but then suddenly the appeal manager stated that the ‘solving problems at work’ policy was being used. After looking this up on ourtesco, this is an umbrella of all the policies relating to absence and discipline. Throughout the dismissal they picked and choosed which part of the policy they wanted to use. Totally disregarded the fact that they did not provide the holiday request form, did not provide substantial evidence that any calls were made the the colleagues phone and came up with further poor excuses. When an incident occurred a month  ago the colleague was invited to an investigation, this did not occur and the ‘acting’ deputy manager verbally had a chat about this with the colleague on the shop floor, walked to the office and filled out a lets talk form and then brought this back to the colleague. The appeal manager constantly used this pathetic excuse for stating that a meeting had took place and no next steps were followed. The appeal manager confirmed that this was ok to do.

Managers in Tesco don’t know policy themselves to the letter and when confronted they are taken back. The colleague then stated at the end when it was over that this will be going to a employment tribunal. Does anyone have any thoughts on this?