Advice About A Union

[securespark]

I have to do this anonymously for obvious reasons.

Someone I know has an illness.

They are being victimised at work.

Their manager has waged a campaign against them. For eg, at Xmas, everyone in her dept. got a chocolate gift, but not them. Petty & trivial, but upsetting nonetheless.

This person asked their union for help, which was not forthcoming as the union said they could not represent this person because the person had taken legal advice about what to do with regard to their job.

The legal advice was that this person should write to the union detailing their complaints. This they did and a reply has been promised several times, but not received.

It is now at a point where this person has not received a wage rise in line with other employees in a similar job. Also, this employee has been moved to another task which is causing depression to this individual. This, I feel very strongly, is constructive dismissal.

Given that this employee has asked the union for help in fighting their employer and been refused and their complaints are being ignored, can anyone offer advice as to their next step?

Thanks.

 

[gasandoilman]

Sounds like they are playing into her hands
She should go back to her solicitor and get advice
a friend of mine had a similar problem working for our council and got paid a fortune..
I know that no comfort for her but tell her not to put up with it and get legal advice or advice centre(free)

 

[Thermo]

quick trip to the citizens advice should give a steer in the right direction

 

[tim west]

What sort of illness secure? Do you mean a disability? there are laws in place to protect those who are disabled at work.

Is the manager in question the owner of the company? is there someone higher they can speak to about their treatment?

 

[securespark]

What sort of illness secure? Do you mean a disability? there are laws in place to protect those who are disabled at work.

Is the manager in question the owner of the company? is there someone higher they can speak to about their treatment?

Yes, a disability. The manager is not the owner. However, it would appear that the manager has the higher management on her side...

Thanks for the comments so far. I'll pass them on.

 

[tim west]

In so far as the wage rise is concerned there are also grounds for victimisation unless it can be shown why this person should not have got the across the board rise such as a PDP interview that showed that the person performed well below the acceptable standards set, though they have to be careful in how they set those standards if disabled employees are in the equation.

lastly but important, how many employees are there working at this firm?

 

[securespark]

Not sure, but large multi-storey building in very busy city centre.

 

[Bilioustrumpstaine]

I would get angry, very angry.

This person should tell their "manager" that they have 20 working days to sort things out. If things are not sorted then get one of the no win no fee guys on the case closely followed by the local paparazzi and add your MP into the mix.

It all smacks of bully boy tactics to me.

The only thing I will add is there are two sides to every story, just be sure you are in the right.

Go get 'em.

 

[vokera80e]

Would have thought if the person was fully paid up member there should have been a better outcome,the shop steward is not worth He's/She's salt ,Sounds like the shop steward s up the firms jacksy and wants it hushed over...Tell the complainant to get in touch with union direct and ask to speak to a more senior representitive.

 

[masona]

It is now at a point where this person has not received a wage rise in line with other employees in a similar job. Also, this employee has been moved to another task which is causing depression to this individual. This, I feel very strongly, is constructive dismissal.

It does seems like it, to cut a long story short, I was constructive dismissal last year and done a lot of searching and this is the one I've used.

The Disability Rights Commission (DRC)

http://www.equalityhumanrights.com/en/Pages/default.aspx

email them [email protected] (reply normally 5-10 days) or better still use their online email questionnaire, they will give you free online advice and tell you what to do next, they couldn't do enough for me & very helpful but they will need permission from the union to take over or helping the union with advice if needed but generally the company do not like the word "constructive dismissal" once known, the problems is usually sorted out without involving union etc It's cheaper than a big payout!

more info here

http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026696

Good luck!

 

[AtoZ]

is it possible that this person no longer wants to work there because sometimes a firm will pay the dismissal costs rather than have this person at their firm.

im wondering if it would suit this person.

i am surprised at the union response and i would go higher to see if the advice given was right.

sounds very shoddy treatment to me.
i hope she gets something sorted out.

 

[Doc Lenny]

Some helpful info on here.

http://www.clsdirect.org.uk/

 

[megawatt]

Hi Secure,

A couple of points which may help ...

1. If your friend is a fully paid up member of the union then they cannot refuse to represent her. I would advise her to write to the union headquarters and make her case there.

2. CAB has already been suggested and is excellent advice ... It's free and they will refer her to all the right agencies.

3. Resignation should be the very last course of action. Discrimination in the workplace (particularly where disability is concerned) is far easier to challenge than constructive dismissal.

Good luck

MW

 

[securespark]

Thank you all for your wonderful advice. I really appreciate it.

I will pass it on to this person & will let you know what happens in the future.