Any advice on employment law???

#1
Ok, bit long winded but here goes;

In Oct 2008 I started a job for a publishing house, working on a poorly performing trade magazine within it's ad sales team.

There are three staff working on this publication, me, my line manager and one other colleague.

My colleague and I work within a "letter split". She sells into and account handles companies that fall into one part of the alphabet, I do the other.

This colleague is a persistant underachiever, has had 29 unauthorised absenses so far this year alone and is generally a fcukwit. However, she is good friends with my line manager.

In January this year I won an account with a global client, the revenue of which accounts for 13% of our annual revenue for the publication. The client did not fall under my "letter split", but my line manager asked me to pitch for the business as it was deemed I would succeed where my colleague would fail to win the account.

I have retained this client up until now. My line manager has recently had to acknowledge that my colleagues revenue input so far this year equates to 15%, mine equates to 59%.

When my colleague was given a kick ***********, we had screaming abdabs from her and line manager has now given her the account and subsequent revenue stream. However, to "accomodate" this, she has increased my colleagues monthly target by 25%, but the account will bring her 35% extra revenue per month?! So her target has actually gone down, yet I now have to find the deficit to meet mine.

I raised this as an informal grievance with my line manager, as I wasn't even told about this until today. The matter was not resolved.

Being unhappy with this, I asked to see the company handbook detailing grievance procedures (I have never been given a contract, written employment particulars or a copy of grievance procedures).

This was refused. I asked to speak to someone in HR, this was refused. I asked when i could have a copy of it and was told if I had to see copies i have to wait until the end of the month and if I didn't want to wait to talk to another line manager, as we don't have an HR.

How can I follow procedure when I have never been given any employment documents and they refuse to supply when I request in writing?

Can anyone advise what the heck my rights are, as to be honest I've never worked for such a tin-pot outfit and am shocked that I am unable to exercise basic requests from them.

Sorry this is so fricking long winded, but I'm just trying to include all the factors that may influence any rights I have. Because quite frankly, I think I'm getting shafted, in both the undermining of my hard work and also in their conduct when i raise a reasonable grievance.

Can anyone advise?????
 
#4
My first bit of legal advice would be never to ask for or take legal advice from people who, like me, are not qualified to give it. Get a proper employment law solicitor onto this. A letter from a solictor pointing out the relevant laws your employer is obliged to comply with should do the trick.

Only communicate with your employers on this matter in writing, and keep copies of all of it. Put the words "WITHOUT PREJUDICE" prominently at the top of all communications.

Good luck sorting them out.

All the best,

John.
 
#6
John_D said:
My first bit of legal advice would be never to ask for or take legal advice from people who, like me, are not qualified to give it. .
I would agree with this point, especially as I am training to be a lawyer myself and so I often have people coming in to my office having been given the wrong advice from various sources!. ACAS are a good source of information though should you not want to go down the lawyer route yet.
 
#7
yeah, I intend to call ACAS tomorrrow, was just hoping someone would be able to clarify if my employers are fcukwits or if they are well within their rights to shaft me.
 
#10
msr said:
Is this job better than having no job at all?
If I want to go back to travelling to London every day I can easily get a new job. I chose this job so I could get rid of the commute and spend more time with my child. So it's not a case of having to lump it.




duffdike said:
Is you a girl?
Yes, why?
 
#11
Moodybitch said:
msr said:
Is this job better than having no job at all?
If I want to go back to travelling to London every day I can easily get a new job. I chose this job so I could get rid of the commute and spend more time with my child. So it's not a case of having to lump it.




duffdike said:
Is you a girl?
Yes, why?
i think you should storm the office !! windmilling as you go and tell em who is boss!!!


but say sorry afterwards! and ask "which civvie is hard enough to take me on as my line boss!"
 
R

rogermellie

Guest
#12
Hi,

How big is the organisation you work for ?
If you were never given a contract of employment that really does fall in your favour ( ie they are not doing there bit propderly)
Unusual for an organisation not to have an HR handbook/guide however big/small ( fobbing you off due to said line manager and lazy bint being pally pally maybe?)
I,m no guru on these matters but do run dept of 15 staff so try and keep up to date ( although difficult!)
As someone else has already said do give acas a call, i would give CAB a miss as they are bogged down dealing with peoples debt problems.
Keep us posted i,m always interested in these things and good luck !


Kind regards,

RM
 
#13
rogermellie said:
Hi,

How big is the organisation you work for ?
If you were never given a contract of employment that really does fall in your favour ( ie they are not doing there bit propderly)
Unusual for an organisation not to have an HR handbook/guide however big/small ( fobbing you off due to said line manager and lazy bint being pally pally maybe?)
I,m no guru on these matters but do run dept of 15 staff so try and keep up to date ( although difficult!)
As someone else has already said do give acas a call, i would give CAB a miss as they are bogged down dealing with peoples debt problems.
Keep us posted i,m always interested in these things and good luck !


Kind regards,

RM
Thats why someone already said dont rely on people who post without knowledge.
CAB are multifacet org. debt has its advisors, as do legal workers, benefit workers etc. CAB are at least worth checking out if no success elsewhere
 
#14
rogermellie said:
Hi,

How big is the organisation you work for ?
If you were never given a contract of employment that really does fall in your favour ( ie they are not doing there bit propderly)
Unusual for an organisation not to have an HR handbook/guide however big/small ( fobbing you off due to said line manager and lazy bint being pally pally maybe?)
I,m no guru on these matters but do run dept of 15 staff so try and keep up to date ( although difficult!)
As someone else has already said do give acas a call, i would give CAB a miss as they are bogged down dealing with peoples debt problems.
Keep us posted i,m always interested in these things and good luck !


Kind regards,

RM
They have approx between 30-40 staff, but all set in small teams of 2-5 people working different publications.

It's quite an antiquated (sp?) company so I think they assumed they would get away with fobbing me off.

Will speak to ACAS tomorrow and let you know.
 
#15
Written statement of employment particulars
If you are an employee who has been working for your employer for longer than one month, you have the right to receive a written statement of employment particulars. This must be provided by your employer within two months of you starting, even if you are going to work for them for less than two months. The written statement will set out some of your main employment rights.
taken from Official gov employment site
may be more helpful, info there as well MB
 
#17
I have CIPD member of staff to keep me up to speed with this stuff.

The rules are simple, all companies have to have a grievance proceedure (guidelines are given for this), and they have to follow the rules as they're laid down. Failure to do either one of those things means instant win for you at employment tribunal.

More here:

http://www.personneltoday.com/articles/2006/01/25/33608/grievance-procedures.html

Given what you've said above... you'll win if you take them to tribunal.

ETA: company size is unimportant. You did put your grievence in writing, didn't you? You have to follow the rules too!
 
#18
TopBadger said:
I have CIPD member of staff to keep me up to speed with this stuff.

The rules are simple, all companies have to have a grievance proceedure (guidelines are given for this), and they have to follow the rules as they're laid down. Failure to do either one of those things means instant win for you at employment tribunal.

More here:

http://www.personneltoday.com/articles/2006/01/25/33608/grievance-procedures.html

Given what you've said above... you'll win if you take them to tribunal.

ETA: company size is unimportant. You did put your grievence in writing, didn't you? You have to follow the rules too!
Yes I did, and printed off copies to take home. I lso have copies of all revenue figure breakdowns for the entire year and the refusal email responses by my line manager to my requests for employment docs.
 
#19
I am not an expert either but I had a similar situation myself last year and successfully carried the whole thing through an employment tribunal and won. My union is now funding an employment law course for me. Most of my guidance came from the DirectGov website.

Put your grievance factually and unemotively in a dated letter headed “Formal Notice of Grievance”. Request a meeting to discuss it within a stated time limit (a week is about right); it doesn’t matter with whom you meet, that is for them to sort out.

Also in the letter remind the company of its statutory duty to provide you with a written statement of employment particulars, something like this:

“As I have now been employed by the company for longer than the statutory qualifying period, please provide me with a Contract of Employment and/or a Written Statement of Employment Particulars including, but not limited to, the following:

Pay and benefits, including payment dates and annual review procedure.
Hours of work and overtime arrangements.
Duties.
Holiday entitlement and booking procedure.
Sick pay arrangements.
Notice periods.
Disciplinary and grievance procedures.
Health and safety policy and procedures.

As I have not been provided with a company handbook, please also include any further relevant information that would normally be contained therein.”

You may reasonably request (indeed require) that this should be provided BEFORE the grievance meeting in order that you may be familiar with the procedure and your duties. You have a statutory right to be accompanied at the hearing; the company may not allow the companion to speak, but if this is the case you can keep requesting private consultation and they may relent. Either you or your companion MUST take comprehensive notes and at the earliest opportunity summarise the proceedings in writing to your employer noting whether you are satisfied with the outcome or not and requesting further action if appropriate. If they fail to address the issue you MAY have a case for constructive dismissal if you choose to take that route but this is the time to get some professional advice. Hope it goes well for you.
 
#20
Moodybitch said:
TopBadger said:
I have CIPD member of staff to keep me up to speed with this stuff.

The rules are simple, all companies have to have a grievance proceedure (guidelines are given for this), and they have to follow the rules as they're laid down. Failure to do either one of those things means instant win for you at employment tribunal.

More here:

http://www.personneltoday.com/articles/2006/01/25/33608/grievance-procedures.html

Given what you've said above... you'll win if you take them to tribunal.

ETA: company size is unimportant. You did put your grievence in writing, didn't you? You have to follow the rules too!
Yes I did, and printed off copies to take home. I lso have copies of all revenue figure breakdowns for the entire year and the refusal email responses by my line manager to my requests for employment docs.
Well, it sounds to me like you've got them bang to rights.

Word of warning though... you need to approach this in the most positive way possible, the idea is to avoid tribunals as you'll likely win the tribunal but loose your job in the process, which could affect your re-employment prospects.

If your line manager has any sense (sadly it seems not - ignorance is commonplace) they should welcome a positive dialogue and find a solution you're happy with.

Stress that you enjoy your job but have been forced unwillingly into any action you take... and try to smile. These things have to stay professional.

That said, be prepared to take them to tribunal... and document everything to prove to potential future employers that you were genuinely maltreated, though you seem to have this last bit more than covered.

Finally... good luck! And know that employers value people who don't shy away from making tough calls and are willing to stand up and be counted!
 

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