Member Since: 27th May 2009
I am a freelance HR Consultant living in the South West, prior to self employment I worked for a major UK retailer for 27 years. Redundancy gave me the chance to completely change my life and I am loving it, would love to hear from anyone who wants to discuss HR or Coaching. www.Deborahmorris.co.uk
HR Consultant & Coach DM NLP Coaching & HR Consultancy
My discussion replies
24th Nov 2009
Hi - Completely agree with the above, these situations are difficult but all employees are entitled to raise their concern via a Grievance.
If at all possible could your friend ask to talk to the person he made the complaint to and ask about the possibility of a mediation/facilitated conversation. Someone not involved could help the two people sort out the issues and look at how they could improve the working relationship and processes so that a formal grievance is not used straight away. If your friend does try this option and it is either refused or it does not work then he/she is still entitled to raise a formal grievance. This way they may be able to get it sorted for the better without resorting to the grievance procedure.
Your friend has raised this once, I presume from what you have said verbally. Companies should have a written policy, if this one does not have a policy and the above is not successful then just follow the ACAS code which requests that grievances are put in writing.
19th Jul 2009
Hi I would be willing to talk to you about this to see if I can help, feel free to give me a ring on 07531 238 498 so that we can chat through what you need - Regards Deborah Morris
2nd Jul 2009
I have not come across any case of salary sacrifice being used for Gym membership but have come across many other options that are about employee health, purchasing bicycles, support to stop smoking even, cannot see any reason why gym membership is not a valid one. As long as the agreement is voluntary and the necessary legal paperwork is done should be OK.
Best thing to do is to contact the HMRC helpline and check so that you are sure of the advice you are giving.
2nd Jul 2009
I worked in a non unionised environment for 27 years, we only allowed representation at investigation meetings in rare circumstances, under 18, learning disabilities etc, there is no legal need for you to offer this but I do agree with the other points, what do you have to hide? but ultimatley it is your choice and not a requirement of any code or legislation.
2nd Jul 2009
As previous they can but they should be a member of the trade union that they bring, I have always asked to see the TU members card and the employees membership card and taken copies of these for my records because I had a case where someone bought their husband and said he was a member of USDAW!
9th Jun 2009
I agree with Mcstrac you must raise a grievance, you should have had your job back or one of similar status, salary etc, you don't discuss this in the e-mail. The only way you can proceed is to exhaust the internal process, if that is unsuccessful you can claim in an ET.
You state you only had OML, 26 weeks, was that what you agreed prior to commencing your leave? I ask that because the person who is currently fulfilling your role has been told the position was for a year. Did you state you would/wouldn't be coming back? Did you return early?
Just go through any meetings/agreements and letters sent to you prior to leave, check you have complied with everything agreed, if not check you followed any legal/policy procedures and make all this clear in your grievance, that way you are sure of all your facts before you start the process.
Good Luck - Deborah
1st Jun 2009
Dealt with something very similar, my employee was working but just making lots of mistakes and taking a long time to achieve anything, also he was disruptive with everyone else. We got OH report who stated that he was fit for some work, we then used this to set up a reduced role for him, we offered this for 3 months trial, he refused this offer, so we then did take him down a disciplinary route. I think that the best advice I can give you is to look at all you can do to support your employee, record this carefully, show you presented an option(s) along with a decent timescale for him to consider it, we gave him a week and offered to write to his Dr with our offer, he refused everything so we did discipline him, this continued and he resigned just before he attended a potential dismissal hearing. At no time would he allow us to contact or write to his Dr to get a medical report or see if we could get any other ways of helping him. The main thing is prove you did all you could to help before going down disciplinary route.