A
male
age
36-40,
anonymous
writes:I have learning difficulties and work in the warehouse. I’ve been with the company for five years. since I’ve been at the company I’ve had no issues with anyone who works there. I was told by my assistant boss that he received reports from co workers, supposedly that I’ve been messing round with machinery and causing casualties to which I’ve never done. I’m aware of health and safety and the does and the do nots. they also said I didn’t listen to instructions. that I find strange that despite what I have I do listen to what was said. I made it completely clear to the company about me having problems and to me this doesn’t seem to have been taken on board. and to me this seems a complete joke. should I quit my job because of this? I’ve been given time off, of about three weeks. I’d appreciate advice please
View related questions:
co-worker Reply to this Question
Share |
Fancy yourself as an agony aunt? Add your answer to this question! A
female
reader, anonymous, writes (27 February 2019): what’s happened to you is discrimination. no questions asked.
A
male
reader, anonymous, writes (27 February 2019): my mum is being summoned tomorrow to talk to work about me. I don’t know why, more lying yet again from the staff. I’m being threatened with being put into care and my mum is telling me how important my job is. feel I’m being put on trial, I just want it to be all over. I’m talking to a solicitor and union rep to get this resolved.
citizens advice has said I have a strong case for discrimination and agree, I have been mistreated by the company.
...............................
A
female
reader, anonymous, writes (26 February 2019): Follow up, You have a case here, he should answer your question and make very clear to you if you are still employed. He is trying to make you walk out.stand your ground and seek legal help asap.
...............................
A
male
reader, anonymous, writes (25 February 2019): I’m not sure if I’m being sacked or not, when I go back, when I asked him he didn’t say. and just said he didn’t want me around.
...............................
A
female
reader, anonymous, writes (23 February 2019): If you have autism you have what's known as a "protected characteristic". You have worked with the company for five years, so you have legal rights n this situation, They must make suitable adjustments for your condition and they cannot take any action, as employer (for example, suddenly change the duties of your job) which would negatively affect you because of your condition.
Also, they cannot allow anyone in the company to bully, harass or intimidate you because of your condition. Definitely they cannot 'constructively dismiss' you because of it. Constructive dismissal can often begin with something like the situation you are in, where they manoeuvre a situation to make it seem fair, but are actually edging you out.
If you are not already part of a workers' union, I strongly suggest that you find one (you can search online) and join it. You will need their support. It is VERY important that you note down in writing any dates and details of anything your employer does that may lead eventually to your dismissal eg. what you've written to us in your post should also be written in a more formal way, with times and dates, so that you have a formal record of every step they make and, VERY importantly, how it affects you and makes you feel. You must create a 'paper trail' which shows how their actions have negatively affected you. Do NOT be afraid to get other officials involved, even if this feels 'selfish'. For example, if it is making you upset, instead of thinking you have to bear it, go to the doctor immediately and get them to put on their records that you are feeling depressed because of what has happened at work. The more you can create this kind of official record and the more it can involve other authorities the better.
Citizens advice can be very helpful but very difficult to get an appointment sometimes. Try contacting a union - you may have to pay a small join up fee but they will give excellent advice and make sure everything runs procedurally. Or, if you have any money, you could contact a lawyer and say you are concerned about possible bullying / possible constructive dismissal and discrimination re. your autism.
...............................
A
female
reader, anonymous, writes (22 February 2019): You do need to seek advice from either Citizens Advice (as already stated) or/and contact your nearest disability rights group, CA will signpost you to them.
Evidence is needed ask your boss for his explanation in 'writing' as to why you have been suspended, you may need this evidence if stories change later. Facts!.
Do not quit your job and please be aware that when you return, you may face difficulties that make you feel driven to leave, this is called ( Constructive dismissal)
Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.
for example, they:
don’t pay you or suddenly demote you for no reason
force you to accept unreasonable changes to how you work - eg tell you to work night shifts when your contract is only for day work
let other employees harass or bully you.
https://www.gov.uk/dismissal/unfair-and-constructive-dismissal
Don't get into arguments (even if you know you are right)
this could give them reason to dismiss you, let the professionals advocate with and for you.
Use your 3 weeks off wisely.
...............................
A
female
reader, anonymous, writes (22 February 2019): If you haven't done anything wrong then you should not have to quit your job. I would suggest to speak to citizens advice and also a lawyer specialising in employment rights. They will be able to advise you of your rights in this situation. In the meantime maybe use this break to start looking for another job.
...............................
A
female
reader, MSA  +, writes (22 February 2019):
 What exactly do you mean by you've been given time off? As in they asked you to not go to work for three weeks? Or it is standard company policy to allow their employees time off from their work.
If they are asking you to stop working as a form of punishment, with no pay, I'd strongly suggest for you to obtain an attorney and sue them for discrimination.
If it is standard usual time off for all employees, then chill, relax and enjoy your time off.
As far as the warnings from your assistant boss, they must be in writing with detailed explanation of how and when you disobeyed the rules, who you put in danger and what the consequence was. It must be stated in writing and you need to keep a copy of it.. can't be he say she say.
...............................
A
male
reader, anonymous, writes (22 February 2019): no one was injured, I heard no shouting or screaming and saw no evidence to suggest that was the case.
...............................
A
female
reader, Youcannotbeserious + ♥, writes (22 February 2019):
 Contact Citizens Advice Bureau and tell them what has happened. They will give you free advice on what to do.
Do you have a line manager? Request a meeting with them to discuss this situation. Ask for their help.
Your company should have a disciplinary procedure. Ask for a copy.
Also ask for evidence of what you are supposed to have done wrong. It is possible one of your work colleagues has a reason for wanting you out of your job (possibly they have a friend or family member they want to give the job to?) so this could be their way of getting rid of you.
To answer your last question: NO, do NOT quit your job. If your employers decide to fire you over something you say you have not done, make sure you get a solicitor on the case as you could claim compensation.
By all means, look around for another job, but don't quit without having one to go to. I do understand it may be unpleasant to return, knowing someone is trying to land you in trouble, but don't play into their hands.
...............................
A
reader, anonymous, writes (22 February 2019): It may not be the company; but someone in particular who has it out for you. You have been unofficially-suspended; if they've actually taken you off the job, and placed on a company-imposed vacation.
With pay I hope!!!
I don't know if there are discrimination laws in the UK to protect you. In smaller-businesses, they don't necessary follow the law to the letter. They get away with labor violations that larger more reputable companies can't.
My suspicion is that some of your co-workers, or a co-worker, is lying; and nobody is bothering to give you the benefit of the doubt. What proof is there to substantiate taking you off the job? Someone is covering their own ass!
Seek yourself a solicitor who specializes in labor issues. You may have a discrimination case. In any case, you have a right to face your accuser; but they are all too eager to take someone's word without a full and impartial investigation.
Lucky they're not working for me!!! I'd have the whole matter thoroughly investigated; and fire anyone found to have been complicit in falsely reporting and intimidating an employee. I will not tolerate a hostile work-environment; and nobody brings accusations before me without absolute evidence to back it up. I take no one's word for anything!
I'm a Regional Director for a large company here in the States. I've worked my way up from supervisor, to manager, then senior manager, to where I am now. I've seen everything!
I would venture to speculate that more than one individual is is up to this; and he or she has a corroborating-witness or others willing to confirm the accusations. It's being handled pretty sloppily; so I gather this is a medium-sized operation or very small business. Still no excuse for taking you off the job without providing you any supporting-evidence to indicate you are guilty of such serious mistakes.
The company may already be under suit by an employee for an on-the-job injury; and using you as a scapegoat.
Before you quit, seek legal advice to see what your rights are. You can't be punished without being given a full accounting and proof of what you're being accused of. If they're just taking accusations at face-value; they just might be discriminating against you. Perhaps using you to cover their own incompetence or negligent-liability.
Don't just quit, look for another job. If you get it, then leave; and submit a letter of resignation citing the reasons you're leaving. File it with an attorney; so they'll be on notice. If they attempt to interfere with your future employment by giving you a bad reference; they will be held liable and subject to a law suit.
Are you aware of who was injured or how they got hurt? Definitely get yourself a solicitor!!!
...............................
|
