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Ray losing his job came as
no surprise - the supervisor had called in a favour, Ray was sacked
& the supervisors hands were clean.
Ray sent a letter to HR to request his work records under the Data
Protection Act 88. It read:
Date:
06/04/02
Access to work records
Dear
HR,
Under
the Data Protection Act 1988, I am writing to request copies of:
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My
first contract of employment [commencement 25/06/01 till 21/12/01]
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My
second contract of employment [commencement 02/01/02 till 21/12/02]
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My
work records (written & held on computer)
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The
10 reasons I was disciplined on the 28th
February 2002 & what the outcome of
that meeting was (‘Final Warning’ in your words)
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All
correspondence addressed to me from the company:
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Offer
of employment letter from the General Manager dated 22/06/01
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Disciplinary
letter dated 14/02/02
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Disciplinary
letter dated 25/08/02 [your mistake, should read 25/02/02]
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Your
‘Investigation Result’ Disciplinary Meeting (Gross
Misconduct & Instant Dismissal)
letter dated 22/03/02 [You sent it to the
wrong address]
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Termination
of contract letter dated 25/03/02 [both letters sent
to wrong address’]
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Copies
of any complaints made against me – I am aware that you
will refuse this on confidentiality grounds but I am not
requesting to know who made them, I am requesting to know
what complaints have been made against me. I know you have
quite a few complaints about my attitude & work
performance submitted by my supervisor because he stated
that “Everything I have got on you is in HR's office” If
no complaints have been made against me personally or my
work performance, please state this.
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Please
make sure you send these documents to the correct address (it is
not my old address, it is my address). There is no need to send your
gardener to hand deliver them, recorded delivery with Royal Mail is more
efficient & contents of letters remain confidential.
Yours
sincerely
Ray
Jones
Ex
In-house Security Officer for 'the company'
Witnessed
by:
Did Ray receive what he asked for? No he didn't. The following is what
HR sent to Ray:
We
are still waiting for copies of Ray's contracts, his work records &
any complaints made against him - the company have insisted that Ray was
incompetent yet they have shown no evidence to support their allegations
- we asked the HR Officer to confirm if no complaints had been made -
she failed to do this also - that is slander & libel which in this
case has caused stigma & it's against the law!!
Whilst waiting for his records to come, Ray became annoyed at what had
happened to him & the fact that his supervisor aka Teflon Man within
the company, had got away with bullying his workers yet again. So,
because Ray had been told to 'put it in writing', he sent an e-mail to
the CEO of the company stating what had happened to him.
The company put their HR Manager in charge of the investigation - he
passed the investigation onto the HR Officer who Ray had been
complaining about. The Supervisor was not suspended & he now knew
what complaints had been made against him & was able to put them
straight before anyone higher investigated.
The workers involved in Ray's complaint were called up to be interviewed
- they were interviewed alone - without witnesses or companions, they
were told that everything they said was confidential & would only be
shared with higher management although 2 of them later said that they
felt uncomfortable talking to the HR Officer because everything they
said would get back to the Supervisor who they still had to work with.
They were asked very simple questions - one worker said the questions
were pathetic (we can't divulge to much because this would identify the
workers to the company). One important thing that emerged from the
interviews was about Ray's allegations about the porn being distributed
to people outside of the factory - the supervisor knew the gardener was
doing it & HR now knew who was doing it because the gardener had
confessed. The Supervisor knew this would get him sacked because it only
happened on his shift so he gave HR a letter from another Guard who had
left several years previously because of the supervisors bullying. The
letter was a complaint about Guards sharing porn in the lodge &
jamming a porn tape in the CCTV system - there is no date on the letter
& it isn't signed - the 12 guards responsible for watching porn no
longer work for the company (apart from the supervisor) but the
supervisor used this letter to cover his tracks - the stupid higher
management team fell for it - Click here to see it
After all of the interviews had taken place, the HR Officer went to see
her boss, the HR Manager. The HR Manager then arranged to meet Ray &
Lisa - the company's Employment Relations Manager was also invited to
the meeting which was held at one of the company's shops in Liverpool.
Ray & Lisa were kept waiting by these 2 managers for 15 minutes -
because they were waiting in a show room, all of the staff &
visitors were staring at them which made Ray very uneasy.
They finally got into the meeting & informed both managers that they
didn't have long & told them they had to leave by 3.20. There was no
agenda for the meeting so the managers started off by asking Ray
questions about Health & Safety, especially First Aid - the
questions they were asking were irrelevant to Ray's complaint, infact,
it was blatantly obvious that they were trying to find out where any
other problems were so they could be covered up, so Ray stopped them
& asked what they had found out about his bullying supervisor.
It became apparent very quickly that these two managers had been set up
by their own HR Officer - this is what the managers were caught out on:
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Ray's
SSP1 form & P45 which had been withheld for almost a month
both had incorrect dates on them - the HR Manager had to amend the
SSP1 form because according to the paperwork, Ray was sacked on
the 22/02/02, the day the company attempted to suspend Ray - the
amendment would cause a lot of hassle for Ray later on..
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When
the Employment Relations Manager pulled out the workers
statements, Ray asked to see his brothers statement, the manager
did not know who Ray was talking about because his brother's
statement had been left out by the HR Officer - they said it
didn't matter because Guard3's statement was enough to prove Ray
was incompetent
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The
HR Manager agreed that the company had breached Ray's contract but
did not apologise for it & never mentioned it again..
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Neither
manager knew who had been distributing the pornographic DVD's even
though the HR Officer had stated that she knew who it was because
they had already confessed to it. They pleaded with Ray to give
them a name which was rather pathetic!
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When
Ray went through what he had been disciplined for, the HR Manager
agreed with Ray that he should not have been disciplined for those
things
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On
the subject of the disciplinary, the managers asked to see the HR
Officers final warning letter - Lisa gave it to them & they
asked for the rest of it - which proved that the HR Officer Ray
had been dealing with was either incompetent or in on the vendetta
against Ray!
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The
statements that the Employment Relations Manager pulled out had
been taken in confidence - if Guard3 in particular knew that Ray
would see his statement, he would never have written it as he had
told all of his colleagues that he had blown his supervisor up for
being a bully.
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Both
managers offered Ray his job back but he would still have to work under
the same conditions - Ray refused
Time
came for the tape to be played to them - Ray broke down crying, he is a
very large man standing at 6ft, 13 stone & the site of him crying
made the 2 managers uneasy. The Employment Relations Manager began
telling Ray to 'hush up' & 'be quiet' - then he stopped the tape
& tried to take it outside, Lisa grabbed it off him telling him it
doesn't leave her site.
Because Ray was still crying, the Employment Relations Manager opened
the office door which meant all of the shops staff & customers could
now see & hear Ray crying - Ray was told to 'shut up' because he
didn't want to embarrass himself..
Ray calmed down - seconds later the employment relations Manager handed
Ray Guard3's statement (which had been taken 'in confidence') which said
that Ray was 'off his head', a 'head case' & that Ray had bullied
Guard3 out of his job.. He also said that he 'assisted' the supervisor
with the rotas - so if this is the case - why was the supervisor giving
preferential treatment to one guard at the expense of another - either
way, the rotas were illegal & unfair & the supervisor was
responsible!! Also, remember the tape recording - we have proved that
Guard3 was a bully who was under the supervisors thumb - the supervisor
must have something very serious on Guard3 for him to lie like this!!
Ray was gob smacked & Lisa got up to walk out of the meeting - she
told the employment relations Manager that what he had just done was a
breach of that workers confidentiality & she wasn't prepared to
listen to anymore lies & that their time had now run out - the
manager stood up, puffed out his chest & yelled at Lisa "Don't
you quote the law at me" (he was twice the size of Lisa & old
enough to be her Grandfather - she is not easily intimidated & found
it rather amusing that the manager should use the same tactics as the
supervisor) - with this, Ray also got up & they walked out - the HR
Manager grabbed hold of Ray & begged him for another meeting - Ray
walked out!!
Half an hour later, the HR Manager phones Ray & tells him that they
are taking his complaint seriously, they are going to hold another
investigation (which by this time was to late as everything had been
covered up) & he would keep Ray up to date - Ray never heard from
them again.
The HR manager also refused to reply to urgent faxes from the benefits
agency to confirm he had altered the SSP1 form which meant Ray could not
claim benefits & had to pay over 21 pound per prescription, per week
So, because Ray could still not get his incapacity benefits & the
fact that the company had held 3 investigations yet hadn't been in touch
with Ray, Lisa sent another e-mail to the CEO of the company to give him
an update on Ray's health caused by their incompetence & bullying
tactics - the CEO then put his HR Director in charge of yet another
investigation...
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