works grievance procedures

[neil_loves_marie]

been off work for 4 (was signed for 8 weeks) works due to stress at work, went back on thursday last week to be treated unfairly.
the job i been doing for the last 12 months i could no longer do as manager took skills off me. when i questioned it he said its because theres no work on my dept. after being took out of my original dept a warehouseman was placed in my place to help with my dept yet there was no work and i was placed in a totally different dept that actually had no work.
the machine i usually run has overtime and many jobs on there (never had has many in fact).
before i went off sick the manager told me i wouldnt last 5 minutes at the workplace.
today he has blatantly told me i couldn't use the toilet and also made racist remarks towards me.

on monday i put a grievance in against the manager, he has not been suspended but promised things will be done by the book.
the director i had to see about it is as bad as him and are thick as thieves.
i have also put a grievance in about him now and gone to head office in spain, my manager / directors do not want spain being involved.

also when the manager realised i put a grievance in against him it took him 15 mins to have my dept in the office to announce a redundancy where there is more work than ever since i been there.
also a hour after putting a grievance in about the director i was suspended for calling them f@@@ing idiots and was suspended on the count of threatening and abusive behaviour.
but only yesterday the director was hurling abuse at me in his office and shouting and shaking and going red in the face with a witness present but this is ok apparently has he's the director.
he has also escaped being suspended pending outcome of the investigation.

there are other factors i believe to be in the line of victimisation and bullying me, i also believe they are constructing a dismissal due to all the things they've said and done before when i went back. the manager and director are also breaching health and safety rules which caused a big argument when i mentioned what needed fixing.

can any one help in where to start with a case against the company for constructive dismissal and unfair treatment regarding racism, victimisation etc...

[bednobs]

you will have to wait for the outcome of your suspension before doing anything about dismissal, as you haven't been dismissed yet

[factor-fiction]

It certainly seems as if it would be better to try to get out of there- the working relationships will never be pleasant now. Is there a union and are you a member?
If not, you could go to Citizens Advice Bureau. The best outcome is probably some form of paid suspension and then some sort of pay off to end the contract and then you can then hope to find employment that you enjoy. Good luck.

[buildersmate]

Oh dear, what a mess.

Start by reading this, and then tell us what your company has in the way of a formal grievance procedure (it may not actually have one).
http://www.direct.gov...rocedures/DG_10027992

There's an ACAS Code of Practice on this but employers are not obliged to follow it. As a minimum, the employer has to tell you who you (as an employer) can refer to, in the event of a problem at work that you cannot sort out with your direct manager.

If you attempted to raise a grievance, I trust you put it in writing; if so what is the gist of what you alleged at the start of all this - is it that you were unreasonably denied access to a toilet and your manager made a racist remarks to you?

Moving you from one work machine to another, whilst annoying, initself is not normally something that you could raise a grievance over on its own.

Hindsight is a wonderful thing, but it unfortunately it doesn't help to lose your rag during the process by which the employer was supposed to be hearing your grievance.

Also best to stick to one thing at a time - and not try to chuck in H&S rules half way through the process.

That much said, they should still deal with the grievance - and reply to you in writing what the outcome is of the investigation - in line with the procedure (whatever it may be).

Then you say that you were suspended because of abusive language and behaviour. I assume this happened after you started the grievance procedure in writing? The company should write to you stating why you have been suspended, and what happens next. You should be invited to a meeting to hear your side of the story. Since the two people who you have been angry with are involved in the incident, someone independent should be dealing with the suspension. Is there an HR department / Personnel Officer in the UK?

That's enough for you think about for now. Oh, except forget the term 'constructive dismissal'. That is when YOU resign and then allege the company has breached your contract and can have some some money please. Not what you are after.

[dotty.]

it is unusual these days for any employer to allow a 12 month extended period of sickness without making an effort to set a return to work date or establish an employees potential for returning to work, have they previously tried to assist your return to work?

[buildersmate]

It certainly is, Dotty.

But how does that bit of insight have any relevance here?

[dotty.]

ignore me i was watching tele and misread the time period so it doesn't really apply

[tonywiltshire]

Neil, reading your questions you do seem to have had a most unfortunate set of circumstances in your recent life. I suggest you start helping yourself and possibly others by reading what BM has written.

[owdhamer]

There are not that many jobs about,head down, arse up, and take it,

[neil_loves_marie]

grievance i put in is for the following reasons and i'll explain them briefly
1- moving me out my dept due to lack of work to be replaced in my dept by some1 untrained in that job due to work load. (if there not enough work for 4 people they took me out to make it 3 men to put someone else in to revert it back to 4)
2- manager told me "you wont last 5 minutes" after i asked what the chances of a pay rise are in front of witnesses.
3- stopping me from using the gents works toilets.
4- refusing to give me correct h&s ppe when requested.
5- failing to attempt to look at my locker being broken into and stuff going missing.
6- no work on my machine yet there is overtime on all 4 machines due to amount of orders.
7- once a grievance had put in by me the manager conjoured up a redundancy (that head office don't know about)
8- being called racist names by the manager (police informed)
9- threatening and abusive behaviour by the director
10 - suspension 1 hour after putting my grievance in regarding the director
11- manager trying to talk me out of a grievance on friday, and asking "do you care for your job"

there are a few other issues but thats the jist of it

[neil_loves_marie]

dotty, was off work 4 weeks, my note was for 8 so not a lengthy spell and i was off due to accident at work (head injury and frequency of head aches i kept having)

also i put a claim in for this which is another reason they are being funny

[boxtops]

Make sure that you have all this documented, with dates and times, and the names of any witnesses who heard all or some of this taking place.

[neil_loves_marie]

owd, all i wanna do is go to work and be treated fairly, not be victimised and forced out the door for asking for a rise!!

i'm the lowest paid in my dept yet do most the work as i'm a lot quicker than the rest (but that is not rushing) and everything i do is perfect, nothing comes back from a customer and in the steel industry there are always rejects.
in 13 months there i have had 1 job come back and that was due to sales telling me to use the wrong coating on job spec when other people in dept have stuff back at least once a week.

i asked for the rise and was set upon by the manager shouting abuse about it when i asked a simple question...

is it fair that people should be treated in this manner and that they should take it as there is a shortage of jobs.

there is no union there

[neil_loves_marie]

box, im not that daft m8, i have even got the female director to sign for my letter to be sent tpo spain, sign, dat, print in front of 2 witnesses also.
i always get things in writing where possible.

[owdhamer]

Unfortunately there is little fair about todays workplace,and having to take
it is part of it,your day will come but till then.

[humbersloop]

you out of hospital owd?

[neil_loves_marie]

i'm not very good at taking being mistreated.i are really quiet and keep myself to myself but once i'm pushed and mistreated i stand my ground and go as high up the ladder as i possibly can.
i shouldn't have to take being called pa@ki c@&t by management for being mixed race because i asked a simple question. i have reported this also to the police

[boxtops]

I agree with you there, nobody should have to put up with bullying of that nature. How big is the company you work for, do they have proper employment policies in place?

[owdhamer]

Teatime hs i did a post, feeling a lot better.

[neil_loves_marie]

box, ur joking - they run to a solicitor for every question to be answered LOL.
its not a big company but a big group.

group is called stainless steel services in west bromwich but the group who owns it is called irestal and are spanish and are supposed to be huge

i have just mailed c.e.o of spain h.q to get involved with my issues there as west brom don't want it to go outside as they have done wrong but i'm adamant its going to spain and will do everything i can to bring down the 2 managers a peg or 2

[owdhamer]

No one should be abused at work, one i felt was being unfair with me so i waited till the other engineer went on holiday and left,the plant shut downafter 4 days