Constructive Dismissal / Unfair Dismissal..

[lynxus]

Hi Guys,

Please oh please can someone look over this..

I'm hoping someone can help.
( I KNOW ITS LONG.. PLEASE READ.. )

My other half has worked for multiple Cafe chains over the years,
Her latest job she has had for 3 years working as a shift leader on some days and normal floor staff on others. ( After the current manager asked for her as they worked together in a previous store. )

Anyway,
The last year has been a complete nightmare for her ( and me, as she comes home crying most nights )

Essentially her boss has been picking on her for the SLIGHTEST! of issues and then blowing them into some huge issue and issuing "official warnings" mentioning that its best she find other work ( Not actually stating why... )

Anyway.
She has been looking for a long time now and cant find anything with good hours ( something with more than 35hrs a week )

She needs to get out.

However her boss has now told her that she will be fired. She might as well hand her notice in so she "doesn't get fired" and just leaves.

Ill start with her current Review/Official warning/ Hearing .

1)
She was working her shift as normal ( Not as a shift leader )
She went out the back to sort some stock. Came back into the cafe and carried on stocking etc.

She has now been pulled up because apparently a customer complained that she didn't help the girls behind the counter serve him/her.

My misses did not know of such a problem ( queue ) nor was she told about it at the time by her shift leader.

She continued with her job and knew nothing of this problem.

?
This is now her last warning and will be fired because of it..

Do you think this is legal?
I will now continue with other "reasons for dismissal"


2)
The previous day, The store manager put labels on some muffins incorrectly dating them.
Today, My misses comes into work as a "Shift leader" and finds the financial auditor in.

He finds the muffins and now blames her for it as shes "now" the shift leader.

?
This required a hearing and was classed as the "final" warning.

is this fair? She starts a shift with crap left from the previous shift and is immediately left for blame ( when the person blaming her is the person who actually caused the issue )


3)
£5 down in the mornings till takings.
She started her shift in the afternoon as shift leader.
She cashed up and found £5 down.

The apparently was taken home by someone on a previous shift and didnt inform my misses.

Because shes now "shift leader" its her fault that it went missing on a previous shift.

? Is this fair?
She wasn't even on damn shift!!!!!

4)
She was out the back "Cashing up" as shes not allowed to do it on the shop floor. ( Shes running as the shift leader )

A member of staff on the shop floor asked a customer to help clean a table .. They complained ( rightly so )

However as my other half was the "shift leader" its her fault and as such requires a hearing and possible firing.


?
How is this fair?
She was out the back with NO KNOWLEDGE! of this and as REQUIRED!!! by her job, She couldn't of possibly been in two places at once and checking what each staff is saying to customers..

I mean come on?


5)
She starts a shift ( 2pm ), So second shift of the day.
She has been there for ~2 minutes ( just walked in )

At the same time a health and safety auditor came in, They found some muffins out of date ( out yesterday )
Staff on the previous shift should of checked this.
Staff on the previous day should of checked this.

?
AS ITS NOW "officially" her shift, its her fault and is now grounds for dismissal. ( She had been on shift for 120seconds!!!!!!! )




She had also been told that she needs to do the "shift leader" training again.
This hasn't been done, However they continue to tell her off and force her on "shift leader"

Considering she used to be a manager of one store and has worked in many others, I cannot see this being related to her "inablility" to do the job.
Its simply bullying in my eyes and these two women ( her boss and local manager ) just want her out for some reason.


Any thoughts please anyone?
NOTE: This is only a few examples of the petty-ness.
No other employee is being treated like this, ( Even when she notices someone mess up like she had and complains.. )

Shes due to be fired this week and im at the end of my tether here.

What do we do to now fine this company ( Its a large multi city company. not a small Cafe.. )

 

[YourLaw.co]

A significant question is, were the previous warnings were appealed? If not was she told that she could appeal and/or is there a disciplinary procedure that she has a copy of or access to?

These questions are all relevant because not appealing previous findings are likely to be seen by a Tribunal as almost admitting guilt.

If those issues can be dealt with then it MAY be that it would be sensible to resign and claim unfair dismissal. It would help to have a good accurate record of the story that you tell above.

She could try to slug it out in the disciplinary process and try to survive and, if she doesn't she may have a claim for unfair dismissal.

Francis

 

[lynxus]

A significant question is, were the previous warnings were appealed? If not was she told that she could appeal and/or is there a disciplinary procedure that she has a copy of or access to?

These questions are all relevant because not appealing previous findings are likely to be seen by a Tribunal as almost admitting guilt.

If those issues can be dealt with then it MAY be that it would be sensible to resign and claim unfair dismissal. It would help to have a good accurate record of the story that you tell above.

She could try to slug it out in the disciplinary process and try to survive and, if she doesn't she may have a claim for unfair dismissal.

Francis

Hi,
She was told that even though she said its not her fault, She can disput it however it would mean taking days off work etc to do so unpaid.

She didnt do this as:
A) she cant afford it.
B) its too much for her to handle.

She cant slug it out as her boss said that she will be fired tomorrow and that she might as well resign now to save everyone the trouble...!!

Surely no one can treat staff like this?
I personally wouldnt put up with it and gone mad at them, However shes a little more temperamental and not one to fight ( Scared maybe? )

 

[YourLaw.co]

If she is "not one to fight" it is all a bit irrelevant.

If she wants to do something about it then it is worth discussing but if she dosn't then why even ask?

Francis

 

[lynxus]

If she is "not one to fight" it is all a bit irrelevant.

If she wants to do something about it then it is worth discussing but if she dosn't then why even ask?

Francis

We will fight if she gets fired however we didn't know that she had to challenge the decisions made by her management?
She was pretty much under the impression that what they decide goes.

 

[WordWoman]

Sounds like a clear case of bullying (it has happened to me before and all the signs are there) So, I think it's a good idea to contact ACAS for advice in the first instance Visit their website, and their helpine is 08457 474747
The late Tim Field's site Bullyonline is excellent for information on workplace bullying. Just Google 'workplace bullying' and you'll find a whole host of other great links.
I also feel she should see GP asap and get signed off sick before they have a chance to fire her. This will buy time whilst you get advice, essential rest for her, and compile your case. Do fight if you can, but be aware that employees rarely win these cases, and she may well need to look for a new job in a nicer place or perhaps retrain in a different field. Look upon this as a potentially positive change - try to keep your spirits up.
Good luck and keep us posted.
WordWoman

 

[lynxus]

Hi Guys,

Thanks for the feedback.

She went to yet another "hearing" today.
She pointed out that she wasnt the "shift leader" on the day in question and the quickly closed the book.
Once that was closed they then started laying into her about other things, Saying customers have mentioned that the coffee tastes strange ( she has no control over this.. its the company's machines!!!! )

Anyway,
Tomorrow she will be handing her notice in so they cant fire her ( or at least so she can officially say she decided to leave... )

I suppose this would give her her notice period grace in a hope to find another job...
Then again she has been looking for 8 months and after about 300 applications, only 2 got back and these failed to get back to her after going to an interview

Who knows.