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Help needed: disciplinary hearing.

amcdermo Avatar
8y, 4m agoPosted 8 years, 4 months ago
I need your advice:

The background:
I work (or at least did...) in Sainsburys. About 10 years now. For the last year in particular I've been singled out and picked on by two supervisors from work. The main problem is I take tablets for epilepsy with side effects that affect my throat so i can't talk particularly loud. I'm also a naturally quiet person which doesn't help. Every shift this one supervisor would make comments about it (in front of the customers) asking me to speak up etc. Often i would look up from the checkout to see the two supervisors D and C staring at me and talking. Usually i couldn't hear what was said but when they were behind me once I heard them talking quietly that 'he' wasn't asking customers if they needed help etc. I was the only male around so it was obviously me they were talking about. Every shift these two found ways to try to make me look unprofessional in front of the customers with general nitpicking all day. The one called D would often say why wasn't I calling customers over from half the store away despite me telling her multiple times that i physically couldn't.
One more thing she tried to put on me was when she closed my checkout down at 8pm. I duly did exactly as she said then asked her what she wanted me to do. I'm often put on to dress shelves if it's quiet so i assumed that was what she wanted or something similar, maybe help out by clearing the rubbish. Whatever needed doing. At this point she said why didn't I tell her I finished at 8:15pm. She never asked what time I was finishing she hadn't said a word just stood at the end of the queue to close it. So I told her I was just doing what she wanted. The schedule is right where she normally stands so why wouldn't i assume she'd actually check it. It a small schedule, just for checkouts, with very few people listed at that time of night. It isn't hidden away and takes a few seconds (if that) to check finishing times. Of course that would take time away from her gossiping. She blamed me for her her lack of planning and still never checks the schedule. As for the other supervisor C, the two of them are always together when on duty gossiping and jointly nitpicking. She's as bad as D but she mostly acts from the shadows, as it were. She was also aware because we had a meeting a few months ago in which I specifically told her and D about the tablets. I know D was aware because I'd told her many times when she'd say to call over customers or call her over when a supervisor was needed (they don't wear any headsets or similar anymore so the only way to contact them is to wave your arms about and hope they're looking in your direction and no customers are blocking the view). Another reason why C was against me was i didn't want to change my shift times on a Sunday to a later time. She wanted me to start and finish 15mins later to clear the store of customers. I have a bus which is hourly and leaves at 15mins past so i said I'd be willing to change it as long as I'd be finished at 10 or 12 mins past to give me time to get the bus. Customer are all gone by then at the very latest so that wouldn't be affected. She refused so I kept the shift as it was. Bear in mind that she herself always finishes 5 mins early so she can get her bus but wouldn't grant me 3 mins to get mine. I'd start early so no time would be lost. Not an unreasonable request I thought but since she wanted me to finish exactly at 15 past I decided i wouldn't accommodate a hypocrite. I didn't say that though i just said I'd rather not change it. There's more background but that gives a general idea of what occurred up to today.

So on to the event that led to the forthcoming disciplinary hearing:
On Saturday I was on the checkout as usual. The two supervisors came up to do the flight (putting the money in a bag and putting it up the chute) without saying a word. It was just those two and a line full of customers. The supervisor called C stood right next to the cash drawer as close as she possibly could while the other one (D) wrote on the cash bag. D asked me what my signing on number was so i turned my head towards her told her. Bear in mind due to tablets i couldn't speak particularly loud and she knew it. She then said "what?" and i said it again. At this point the other supervisor (C) said "He just mutters all the time". D then asked louder but to C saying other cashiers could hear them why couldn't I. C then asked again what my number was. I then turned my head and said "what's the point in me saying anything if all i do is mutter. You know I'm on tablets which mean i can't speak loud. Stop going on about it all the time". D then said "don't say anything in front of the customers". I the said "You keep making fun of me in front of the customers." She and C then moved on to the next till. I apologised to the customer then carried on serving. No supervisors or any other member of staff said anything until I was taken up to the office later. The security guard wasn't around at this point nor did I speak him until an hour later when he told me to go up to the office. This is important later.

The above events are absolutely true. The problem is the three of them made a joint statement (or one made a statement they all signed in which they describe events a hell of a lot different. The important differences are instead of me confronting them by turning my head and speaking in a normal voice I spun round 'in a rage' and said I'm on ********ing tablets for my throat before swearing 2 more times. The security guard then apparently heard me swearing and told me to calm down. Despite not actually being there. I have the whole statement they wrote on hand but the main points are the swearing and the fact that the security guard Mark is mentioned as he's classed as independent because he isn't directly paid by sainsburys. He's is technically employed by a different company but he's been with the store for so long everyone considers him part of the sainsburys staff. You can judge his professionalism by the times he hides peoples things for a laugh and when he steals from the snack machine (he bangs it to get a free chocolate bar. I've seen him do it myself. His word against mind of course if i'd reported it). Using the F-word is classed as gross misconduct without which i wouldn't have been suspended.

So the problem i have is there's a statement all three have signed saying I swore and it's their word against mine. I can prove I'm on tablets and that they affect my throat but i can't prove i didn't swear. If the security cameras are any good (which i really doubt) then I'd have proof the security guard at the very least didn't come up to me even if he was nearby which i as far i know he was nowhere near. I've worked at the store as my first job at college through uni and after graduating. (i haven't found anything that suits my degree -pass in Geography BsC passed exam failed project by 4 marks. No vini voca to increase marks at Coventry University unfortunately. I found sticking to coursework deadlines difficult. I always have. I should have got an A at school but coursework turned it into a B) It must have been nearly 10 years I've been working there now so it'll be a huge gap in my CV if a can't include a reference from that time. I overheard the manager saying he's refused to give references in the past so I'm worried.

So what should my next move be? The Duty manager took one look at the statement they signed and suspended my from work. I didn't even get to make a statement of my own. That'll apparently happen when I'm brought back into work to face a panel after the investigation. As if they'll be much of one because with 3 against 1 what can i do? What will they actually look into? Sainsburys doesn't have a trade union just a staff club organising trips so that's no option and I can't rely on any other member of staff to back me up on how the two supervisors act towards others as well because they wouldn't be brave enough. I'm the only one who stood up to them and look where it got me. I'm hoping someone on here has some advice because I really don't know what to do. The duty manager is one of those people who doesn't think for herself so she'll take the statement they made as gospel and consider anything i say as made up. The only thing i had going for me was she said a customer said to a supervisor that after it happened that I needed to calm down and have a drink. I then said to the manager "did the customer say i swore?" they didn't because i didn't but that's still not much going for me.

If anyone wants to see how miserable people are at the store then it's the store in Cov. Even my grandma who's shopped their for years noted how increasingly miserable the staff look recently and how empty they act. You'll notice customers being apologised to about their wait even if they've only just got to the till. You'd think this is a good thing but they haven't been waiting and they can tell the cashier is only saying it because it's procedure. In fact if there's one person in front even if they're just going and the cashier doesn't say it they can be suspended or even sacked. Every cashier had to sign a sheet, which went into their permanent record, agreeing to it. I was called to the office previously for apparently not saying it it was at that point I told them about the tablets. Both D and C were there.

I know it's a long post but i felt it necessary that if someone can help then they're given a fuller picture of what happened.
amcdermo Avatar
8y, 4m agoPosted 8 years, 4 months ago
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#1
Get legal adivice or go to citizens advice. They will point you in the right direction.
As soon as the store see you are serious about taking this further they may back down.
They sound like a bunch of bullies and bullies usually get scared when someone stands up to them.

You may get this thread pulled as you mention names and stores.
Good luck.
banned#2
PM sent
banned#3
Haven't finished reading yet, but could you tell us the store so we can give them abuse?

Okay finished reading, are you on full pay while suspended? I would say try and clear your name but I wouldn't worry about going back there and find a job else where, or even do shelf stacking instead I know it's less money but will give you a different supervisor. I'm talking as an ex Tesco employee though so might be different at Sainsburys. In the hearing make an issue of your disability and that you feel you have been victimised because of it, but as above definitely go talk to your local Citizens Advice Bureau.

Coventry Citizens Advice Bureau
4th Floor
Coventry Point
Market Way
Coventry
CV1 1EA

edit: it's free!
#4
Yes bullies i agree with! If and when you tell your side it needs to be without those 2 idiots there as they will only butt in and interupt! Maybe write your version at home ready to take in! Also check with others about the cctv - you maybe lucky for it to back your case!
I hope it works out for you but at the same time you ought to look for a new job as you are not happy there!!
I know it's not your fault but i can't see to spiteful miserable gossips changing as they have got away with it for so long! Last of all keep your head held high!:thumbsup:
http://th223.photobucket.com/albums/dd177/poohgrl1074/th_thgood_luck.gif
#5
are you in the union : if so get them to intervene
contact citizens advice
the main thing is not to get angry remain calm but vindictive
the main thing you have is the CCTV if you can get the person who will be conducting the disciplinary to view the cctv infront of you ( contact manager so that that it doesnt get lost! recorded over). if it proves that the security officer wasnt there you can then go on the attack. did any customers complain which also helps your cause.
stating the bullying youve been recieving
the fact that these people have constuctively tried to get you sacked and that you hold Sainsburys management to blame and will be taking legal action.
state that management must have been aware that this was going on and then drop in about you not being allowed to start/finish a couple of minutes early to catch a bus but it seems that this supervisor does it everyday with management blessing.
ref the security guard have you got a mobile phone that can record him nicking the chocolate, if so theres your revenge
banned#6
I went through pretty much the same thing, you can take them to tribunal if you wish, but you will find you will be out of a job. And mostly tribunal's find in the employers favour (especially with sainsburys, as they will know how to get round this sort of thing).

Basically if you go the tribunal route make sure you have a solicitor behind you, if you have legal cover on either your house insurance or your car insurance you will be covered for all your expenses, contact them now and they will assign you one of their solicitors.

However, having been through exactly that route, and seeing the damage a 'termination' can do on your CV. I personally would cut my losses and resign. At least you get a months pay out of them.

There is nothing to stop you from taking them to tribunal at a later date, I think the time period is 3 months.
#7
Do you have a union rep available. if not seek legal immediately. The evidence to prove your innicence will be on security camera. Every till is permanently covered and can be recovered from the system. These tapes are kept for 7 days, so you need to get the manager to view the tapes and get a copy for yourself. Then sue them. Even if they offer to withdraw the accusation or deal with the matter internally, refuse unless it includes the sacking of the two in question.
#8
Are there any other staff members who have had similar treatment by these 'supervisors'? What is the general feeling of the other staff about them? Could any of them make a statement for you?

Also - was the customer who witnessed this event a regular one? (my mum works in a supermarket and often gets to know regular customers) Maybe they could be a witness for you. What about security cameras? There must be lots in store especially near the checkouts. Could they show what really happened. I would also be inclined to get a letter from your doctor confirming your condition and side-effects.

I agree with the above comments. You need professional help to get this sorted. Good luck.
#9
Not much more that I can add but...

10 Years service is a long time and this will go in your favour
The fact that you have a disability and it is realted to this will be supportive
The CCTV could be kept for around 31 days and even if you just ask for the CCTV of your till if the security guard isn't around you cna use how could he hear me if I mutter and he isn't even in view, also aks them to review the front door camera as he might just be standing there,
If they left you on the till - then there is argument if your behaviour was ';gross misconduct' and reflected that badly infront of customers would they not have pulled you straight off the till.
There is a shopworkers union (will try and find link) might be worth speaking to them.
I would lodge a discrimination complaint against the two supervisors stating some of your above information - if asked why not done before as you tried to be start and mange it yourself but clearly its now at a stage where it's escalating

Overall its the guard position in the store and the CCTV is highly important, if you can prove that he wasn't where he said he was (via CCTV, also would he normally be there when doing a flight? If not why was he today - particualry as your alledged comment would have been a snap reaction) then that makes all of the stories look like lies. Is there a cashier from a till behind that could support your side of events?

Some thoughts will have another read and review my comments when Im awake
#10
Been in this position myself and am afraid if they for whatever reason managers take a dislike to you it is very difficult to work within a company. I also suggest you leave of your own accord and move on. As i have already said it happened to me and it really makes you angry, you really don,t want this in life. Please don,t think i am a defeatist but in reallity you have very little chance of winning and i know that these things wrong as they are make us better people in the long run.

Goog luck
Steve
#11
Sounds like a potential constructive dismissal industrial tribunal. I doubt Sainsburys would want such a case and would settle out of court. I would take the case to the area manager (if the store manager is unhelpful)
#12
Monday morning go to see an employment solicitor as soon as you can. The first session is usually free and then they can give you sound advice as to what your rights are. You should hopefully be suspended on full pay. Epilepsy is a disabling condition and The Disability Act 1995 gives employees more rights then before so makes it unlawful to discriminate against a disabled person in their terms of employment, promotion opportunities, by dismissing them or by subjecting them to any other detriment.

If the CCTV goes missing don't assume that this will act against you. Any good judge will query this in court especially due to your employer being a main supermarket.

Do not let this go and leave. Fight for your rights so that this does not leave a slur on your employment records.

see the following website for guidance:

http://www.cipd.co.uk/subjects/dvsequl/disability/disandemp.htm

Good luck and if you just need any online support we're all here for you :thumbsup:
1 Like #13
Ps A recommended solicitor near you:

http://www.demarcohunter.com/employment_employee.htm

Free initial assessment and they also operate on a no win no fee basis.

Please edit your post and remove names of the company and address details....if anyone connected were to find out it would be detriment to your case.
#14
they sound like tw@'s you should deffo seek out legal advice. and what would be even more better is if you can find the customer you were serving at the time. hope all goes well for you and they all get fired
#15
choc1969

Please edit your post and remove names of the company and address details....if anyone connected were to find out it would be detriment to your case.


This is sensible, make it anon as opposed to naming them!
#16
[COLOR="Purple"]Lots of good advice from choc1969, couple of things, don't go to the hearing on your own, take someone with you. Under the Disability Discrimination Act 1995, all employers have an obligation to make 'reasonable adjustments' for the needs of disabled people, they clearly haven't been doing this.
If possible, put a diary together of all the times they've acted inappropriately. Get help to put together a point by point rebuttal of the statement, you may not be able to remember it all at the hearing. I would also write to them now, asking them to retain all the cctv from the appropriate time. Please remove from your original posts details of your company![/COLOR]
#17
If the customer you were serving at the time used their nectar card then the store would be able to contact them to get a truely independent statement. I think I would definitely contact citizens advice or a solicitor but possibly a phone call or letter to the manager stating your version and suggesting that they contact the customer or customers in your queue at the time would give a clearer picture. I would also copy it to the companys HR department. That was it shows you are willing to take it further and have nothing to fear from outsiders being contacted as you are innocent of the charges made. As said above - add in a request for CCTV to be kept as further evidence of your body language even if it doesnt pick up your words or lip movement
#18
Aquatic;2661885
If the customer you were serving at the time used their nectar card then the store would be able to contact them to get a truely independent statement. I think I would definitely contact citizens advice or a solicitor but possibly a phone call or letter to the manager stating your version and suggesting that they contact the customer or customers in your queue at the time would give a clearer picture. I would also copy it to the companys HR department. That was it shows you are willing to take it further and have nothing to fear from outsiders being contacted as you are innocent of the charges made


Looks like the company mentioned have already overstepped the procedure by suspending the employee. :x HR would have surely been involved
#19
choc1969
Looks like the company mentioned have already overstepped the procedure by suspending the employee. :x HR would have surely been involved


not necessarily - it might be a local store issue rather than the companys head office. I dont know - sometimes the hiring and firing is done locally in which case they might not need to contact head office
1 Like #20
Having been in a similar constructive situation like this. I feel sorry for u.

I wont go into the details, but I would have been better of resigning.

The swearing is the issue here, even though you diddnt. - If one says they witnessed it, youve had it to be honest. You need some sort of proof.

Dont try to be funny and cocky because this wont work. State the facts, in point for for when you go back to the store. Fact being most important. Said security guard, was not even there. If you state security was not even present, the cameras will verify this. They will by law, have to check the cameras. - You can also be present when they check. - If the guard was not there, case closed.

Other thing is your illness. Try not to get involved with the duty of care balls they will throw at you. And state the facts, advise that they know your illness, and they have not acted upon it.

Dont make a counter claim against them talking about you. This will get stepped on very quickly.

End of the day, even though it is not fair, or right, screw them. If they think you are no good for them, the powers will push you out, simple as that. Even though it is illegal and unfair. I have been through a constructive dismissal, it stinks and has caused me about a year of stress so far. You will also find it very hard to find more employment.

Decision time, resign as soon as they bring you in for the investigation. Stating that you are not happy with the way they have treated you due to your illness and bullying. Make sure it is written down if they are taking notes. Then end the investigation. Give no more information. Dont let them write anything else down (tell u why in a min)

Or, be very confident and do what I said above. But think long and hard, will you be able to work there if you win? Will the managers make your life a living hell? I would resign and keep a copy of the notes, the local newspaper would love to look at them.

Name and shame.

Good luck. If you need more advice, pm me!
#21
choc1969
Looks like the company mentioned have already overstepped the procedure by suspending the employee. :x HR would have surely been involved


They have suspended him on purpose. Basically, they will have the means, then contact head office for authorisation. Then they would have suspended.

No law breaking here. Even though it has been done to make situation look worse.
#22
I'd recommend legal action against Sainsbury's well beyond any sort of tribunual.

Essentially, what's happened here is that they've breached the Disability Discrimination Act in at least two ways (firstly by assigning you a job that required a loud voice, secondly by not granting a small time allowance to enable you to catch a bus, which'll be your only means of transport what with the regulations the DVLA has in place for epileptic drivers). Further to that, They have libeled you, defamed your character, and subjected you to a lengthy period of harassment.

What you need to do now is to write a letter to the manager of your branch, send it by first class recorded delivery, and simply state inside it your legal right to obtain all information concerning yourself under section whichever of the Data Protection Act, and your desire for the security cameras of the relevant period. Allow them a maximum of 28 days to respond. If they refuse, we can talk about it and figure otu where to go from there. If they accept, and make clear that it is their legal obligation to do so, the next step will be to email various lawyers and solicitors expllaining your case, and your desire to sue them. Ask for their relevenat experience, find out what sort of figures they've managed to get settlements of, and work it from there.
#23
dxx
I'd recommend legal action against Sainsbury's well beyond any sort of tribunual.

Essentially, what's happened here is that they've breached the Disability Discrimination Act in at least two ways (firstly by assigning you a job that required a loud voice, secondly by not granting a small time allowance to enable you to catch a bus, which'll be your only means of transport what with the regulations the DVLA has in place for epileptic drivers). Further to that, They have libeled you, defamed your character, and subjected you to a lengthy period of harassment.

What you need to do now is to write a letter to the manager of your branch, send it by first class recorded delivery, and simply state inside it your legal right to obtain all information concerning yourself under section whichever of the Data Protection Act, and your desire for the security cameras of the relevant period. Allow them a maximum of 28 days to respond. If they refuse, we can talk about it and figure otu where to go from there. If they accept, and make clear that it is their legal obligation to do so, the next step will be to email various lawyers and solicitors expllaining your case, and your desire to sue them. Ask for their relevenat experience, find out what sort of figures they've managed to get settlements of, and work it from there.


Good advice i was thinking along same lines. Go to your local papers and great a stink. Are you friendly with any customers that the 2 twerps have ridiculed you in front of. What i mean is if you bumped into in the street or know where some live would they make a statement in your favour

Also if you cant have a union rep there make sure you have a witness on your side of any meetings that take place. Only fair to have someone to look after your interests maybe take a dictaphone along to record it.
Ask did any customers complain at the time ?? i think not as incident never happened
Also iIFFFF i acted to abhorrently why was i not immediately asked to leave my c/out. You wouldnt leave a member staff on the til rest of their shift if they acted the way they claimed you had
banned#24
I've only read the first paragraph and i can't read much more.

It is absolutely apalling, how you have been treated and these people should be sacked immediately.

I will read the rest later, when i have woken up.

Any form of bullying makes my blood boil, especially workplace bullying because my friend took his life after experiencing it at work and i quit not long after.

Good luck with it and if you need any help or support.

I will certainly be here for you x x
#25
Sainsbury's PTM's getting all high and mighty, sounds exactly like my store.

You will have a trade union. Sainsbury's uses the TUC, try and find out who your rep is and speak to them.
I'm also pretty certain every checkout has a camera watching it, for security of money reasons. You could try asking them to prove the security guard was close enough, and depending on how new your store is/up to date the security is, they may even be able to see you talking and from mouth shapes prove you weren't swearing.

Is there anyone who knows that they have been talking about you behind their back? OR has witnessed them singling you out? You might have a case for harrassement, and can file a complaint of that with your personnel as well.

If they choose to dismiss you, you will also have a case i daresay for a tribunal as unfair dismissal and unfair treatment.

Good luck to you, keep us upto date!

edit:

aircanman


Other thing is your illness. Try not to get involved with the duty of care balls they will throw at you. And state the facts, advise that they know your illness, and they have not acted upon it.

Dont make a counter claim against them talking about you. This will get stepped on very quickly.



Thats ludicrous, if it goes further they and he brings up the fact that they talked about him behind his back, then they will ask why didn't he bring it up before hand.
Get it into them in writing stating, that up until now you've shrugged it off, but now its obvious they are discriminating you want it known that they have in the past been unfair.

As for the illness, there is a very good reason to get this involved as a previous poster has said its a breach of the DDA, which is pretty serious.
#26
Squizz


Thats ludicrous, if it goes further they and he brings up the fact that they talked about him behind his back, then they will ask why didn't he bring it up before hand.
Get it into them in writing stating, that up until now you've shrugged it off, but now its obvious they are discriminating you want it known that they have in the past been unfair.

As for the illness, there is a very good reason to get this involved as a previous poster has said its a breach of the DDA, which is pretty serious.


Im not defending sainsburys one bit here, I think its a bit unfair to play the disability card though. This is not the reason OP has been suspended. - I dont really get what you are saying, you are contradicting yourself.

It may be due to epilepsy tablets that he may be over shy, and thus not talking loud enough for managers to hear. OP has been suspended for gross misconduct, as in swearing in front of people. This is not disability related.

By making a counter claim now, HR will see you as rebelling against the managers, basically, you are only doing it because they have done this to you. They will immediately dismiss this claim, on the grounds that it is based on your emotion from the events.

With regs to the disability, if you complain about it now, the same thing will happen, they will throw your case out. Because you diddnt complain about it before, so why now? - Just try and prove that what they say has happened, diddnt happen. This is your best bet. Reality in all of this is that you could quite possibly be dismissed. Even though it is unfair. They have got you hook line and sinker if you cant prove them wrong.

In support, aircanman.
#27
It may have been said above by someone (a quick scan shows lots of good supportive advice), but your demeanour in the hearing will also be considered. I'm sure this doesn't need to be said, but stay calm and rational throughout; no matter what ourrageous claims they make, one of your best defences in a case of 'their word against yours' is the character you display throughout the hearing. They are attempting to paint a particular picture of your character. Demonstating by example that they have got it wrong is a good first step. Good luck with it all :thumbsup:
#28
If that's how they treat their hardest workers, I think 'Ill shop elsewhere from now on...
#29
splatsplatsplat
If that's how they treat their hardest workers, I think 'Ill shop elsewhere from now on...


its the way most large businesses treat most workers. Retail is in a tough spot at the moment, the managers dont like to blame themselves, so they like to blame certain staff. I used to work for a large technology retailer, when they think you are not moving the business forward, they like to make things up etc, and get you into trouble.

The managers have more control over this situation than OP may think, and others for that fact. The general manager of the store has probably already organised the right person to do the disciplinary and investigation. And made sure all the stories match.

Managers are very very bad people when they club together in a situation like this, this is why my advice is to bail out. Better for all parties.
#30
get them to check the security tapes to see that the security guard was not in earshot to hear what you said this will blow the whole thing out of the water.
banned#31
A phrase, i have just heard on Hungarian GP, dog eat dog.
banned#32
My gran works in a charity shop, twice a week, yesterday a fat girl was giving her orders on how to put clothes on a coat hanger.

She has never had any complaints from the management about her work, i think this girl was getting a bit above herself.

Somebody reported her and i think, she will be walking or getting a stern talking to.
#33
DLM
A phrase, i have just heard on Hungarian GP, dog eat dog.


agreed
#34
aircanman
Im not defending sainsburys one bit here, I think its a bit unfair to play the disability card though. This is not the reason OP has been suspended. - I dont really get what you are saying, you are contradicting yourself.

It may be due to epilepsy tablets that he may be over shy, and thus not talking loud enough for managers to hear. OP has been suspended for gross misconduct, as in swearing in front of people. This is not disability related.

By making a counter claim now, HR will see you as rebelling against the managers, basically, you are only doing it because they have done this to you. They will immediately dismiss this claim, on the grounds that it is based on your emotion from the events.

With regs to the disability, if you complain about it now, the same thing will happen, they will throw your case out. Because you diddnt complain about it before, so why now? - Just try and prove that what they say has happened, diddnt happen. This is your best bet. Reality in all of this is that you could quite possibly be dismissed. Even though it is unfair. They have got you hook line and sinker if you cant prove them wrong.

In support, aircanman.

[COLOR="Purple"][COLOR="DarkOrchid"]The point is he didn't swear, there's a history of them bullying, they make no allowances for the effect of his tablets, this contravenes the Disability Discrimination Act. At his hearing, the OP will need to outline the history of his relationships with the 2 Supervisors, their behaviour as described is harassment on the grounds of his disability and is unlawful. This isn't 'playing the disability card', it's constructing a defence against their unlawful behaviour![/COLOR][/COLOR]
#35
chrysha
[COLOR="Purple"][COLOR="DarkOrchid"]The point is he didn't swear, there's a history of them bullying, they make no allowances for the effect of his tablets, this contravenes the Disability Discrimination Act. At his hearing, the OP will need to outline the history of his relationships with the 2 Supervisors, their behaviour as described is harassment on the grounds of his disability and is unlawful. This isn't 'playing the disability card', it's constructing a defence against their unlawful behaviour![/COLOR][/COLOR]


I know he diddnt swear, what I am advising against is making counter claims. As these will be thrown out instantly.

And the only thing his tablets gives him trouble with is sore throat. Which cant really be classed as a disability can it?

All he can say is people are talking behind his back, which will not be considered in a hearing. Even though it would be nice to construct a massive case against sainsburys. The fact of the matter here is they say he swore, they have witnesses. He says he diddnt, he needs witnesses. In light of this, do you think any disability claim would stand up? Because no Act covers swearing in the workplace.
#36
You can drop in there is a disability act which you feel has been violated by those two members of staff. They have discriminated against you because of your disability etc and infringed your basic human rights and YOU will be taking this further.

Big supermarkets would not like a stigma attached to them in releation to disability discrimination. I am sure if you give your side of the story, and leading up to the events, tell them YOU have been subject to humilliation and goading because of your disability for weeks.

Use the correct terminology and i am sure they will back down a little. Good luck and dont let them brow beat you.xxx
#37
aircanman
I know he diddnt swear, what I am advising against is making counter claims. As these will be thrown out instantly.

[COLOR="Purple"]The hearing is a chance for him to put his side of the story, the supervisors are lying and there is a history of them acting inappropriately, this is his defence! I'm sure that the managers will make sure their stories tally. but the cctv coverage will back up the OP's story, He also has 10 years service with no problems before this year and these 2 supervisors. Sainsbury's are not stupid, the last thing they will want is to lose a case at tribunal on the grounds of disability[/COLOR]
#38
aircanman
I know he diddnt swear, what I am advising against is making counter claims. As these will be thrown out instantly.


No counter-claim if gone through the proper process can be thrown out, it has to be investigated in the same way as this is. Else he then has another case for unfair treatment.
#39
chrysha
[COLOR="Purple"]The hearing is a chance for him to put his side of the story, the supervisors are lying and there is a history of them acting inappropriately, this is his defence! I'm sure that the managers will make sure their stories tally. but the cctv coverage will back up the OP's story, He also has 10 years service with no problems before this year and these 2 supervisors. Sainsbury's are not stupid, the last thing they will want is to lose a case at tribunal on the grounds of disability[/COLOR]


we havent heard from the OP here, but can you tell me what you think his disability is please?
#40
Squizz
No counter-claim if gone through the proper process can be thrown out, it has to be investigated in the same way as this is. Else he then has another case for unfair treatment.


I know it has to be investigated, but it will be thrown out due to it being emotioal circumstances. I guarantee it.

Do you think these managers are super honest business people? If so you are in a different world.

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