I think work is trying to get rid of me (ie fire me) before I start my maternity leave........

[fannyannie]

just been in an given a Final Warning!! Which I'm positively about. Apparently there's a catalogue of complaints about me speaking "abrubtly" to the residents (I'm a Night Care Assistant in a Residental Care Home) the latest incident apparently happening around 5am this morning - when I didn't even speak to this particular resident at that time. - Another resident - very kindly (not) decided to back her up and say that I speak to all the residents like that - including herself (the other resident) but she "puts me in my place" actually she tries to put ALL the members of staff "in their place"

I've been working so f*cking hard at trying to do my job properly, yet it seems the harder I try the more things they find to pick me up on.

The thing is though - although I haven't got my contract on hand in front of me - I remember reading in it - just before Christmas (when I was given a verbal warning for - well TBH I'm still not exactly sure what it was for) that

a) I'm supposed to be given sufficent time to prepare for disciplinary meetings (I was called at 11am this morning and she wanted to see me ASAP - said it was about a complain from this resident but nothing more - I said I could make 1pm - thinking it was just a case of the resident being a twit because she wasn't put 1st (she has a record of getting arsey if she's not put in front of other residents that need more immidiate attention). So I hardly had any warning - and I've been up since 8am yesterday morning.

b) It says in the contract that I'm allowed to have another member of staff in the disciplinary meeting with me.........I didn't have anyone else with me except DS2 (who's 3).

c) It also says in the contract (from how I understand it) that I should have been given a letter informing me of the verbal warning from before Christmas - which I never recieved).

Just spoken to DH in floods of tears and he thinks (as I already did) that they're trying to get rid of me before I go on Maternity leave (due to go in May), tried to call my local CAB for advise - but they closed at 1.30. Incidently (and I never thought too much of it at the time) I saw them advertising my job (for Maternity leave I presumed) in the paper the other week - but it had NO mention of the fact it was to cover Maternity leave......I put it down to the fact that it was a space/cost factor for the ads - but now I'm not so sure...........

Get some legal advice. Quick.

Where do I get it from??? My Local CAB is closed - and I don't know how to find other legal advise locally that isn't going to cost me a fortune

acas are fantastic for anything like this

here may be better to phone them tho, but cant find a number, sorry

i'm so thick, their number is on the top of their website, hope they can help,

Thanks - I'll give them a ring in a little while - I'm still to upset/crying/shocked/angry at the moment to explain properly verbally what's going on (if I even know ).

Sounds like a complete balls up to me. Afaik, in any disciplinary action you need to be investigated first, notes should be taken, you can have another person with you and notice muct be given before a disciplinary hearing. You should also have the right to appeal after it too.

Have you got an HR manager/dept in your place of work? I'd contact them and put your complaint in writing, and suggest raising a grievance against your boss. Your warning should be overturned at appeal purely based on the grounds of failure to follow procedure imo.

Good luck

write everything down before you call them, MIL called them the other day, SIL having problems at work at the moment (long story but basically they are trying to sack her for doing her job!!!) and they were fab, and showed MIL where to find it all on the website so she could refer back to it if needed.

Sounds very much like they're trying to get rid of you - keep a note of all of these things, as well as the job advert, as if things don't get sorted out at work you may be able to leave and make a claim for constructive dismissal or sex discrimination (how long have you been there?)

Well I think there 'investigation' - is talking to the resident and her daughter this morning, and the "full file" of previous complaints about my "abrupt" communication.

They didn't take any notes....that I noticed - and I certainly never had anyone else with me.

Unfortunately we don't have a HR manager/dept - all complaints and problems to be directed to the Manager - and this meeting was with the Manager and the boss (who owns the place).

Are you a member of the Royal College of Nursing (or is this just for registered nurses?)

What about a union such as Unison?

Look at your home contents insurance, they often provide free legal advice as part of their policy. You will be able to speak to an employment specialist for reassurance until the CAB open.

Keep a record of everything, make sure you get your facts straight and in order (difficult to do when youy are panicking)

When you are next on duty - log everything. If a resident complains or becomes difficult, don't worry but log it in their records or fill out a report form. Write down everything that was said and the steps that you took to recify the situation. Make sure that your notes are professional!

Good Luck

Ooh ooh ohh

unless they changed the rules, we got DH off a warning yonks ago due to alck of 24 hours notice to rpepare for the meeting- worth knowng that one!

ACAS are absolutely fantastic, yes, wortha call.

Poppies - I've been there for just over a year - and I've kept being called in for little things, which, when done my other people are ignored. I've had a few good supervisions (which are done 6-8 weekly) but in most of them I seem to be pulled up on stuff .

I'm not sure if I can still find the job advert - it was in the job paper about 3 weeks ago.......

This kind of behaviour makes me soooo mad - I work in HR and we are meticulous about the way we deal with these kind of situations. You're right - you should have had a detailed investigation, someone impartial should have been there to take notes (which you should have had a copy of) and then at least 24 hours notice should have been given inviting you to a discip hearing (again with notetaker and you should always get a letter detailing the outcome)

Try not to panic about it - the law is on your side. See CAB or call ACAS and they will point you in the righ direction. Good Luck.

BTW get a coppy of the job ad, photocopy from library copy if you must. Should you need to take it further it would be helpful

You don't need any particular length of service for a discrimination claim, and I think having been there a year you can also claim constructive dismissal (if you resign after trying to resolve things). Been on mat leave for a year so brain a bit fuzzy, but think that's correct.

I can't even think straight at the moment - I've been up since 8am yesterday morning, and was really looking forward to a lazy day at home doing nothing more than the 'basics' of childcare (ie make sure they don't kill each other, feed them, bath them and get them in bed).

I'm trying to find my contract (it's somewhere safe - I remember putting it away safely.....question is where) and make some notes to call and get some advice - but my eyes keep welling up with tears and I can't see a bl**dy thing or hope the pen properly/

If I were you, I would also get a friend to enquire about the job. Ask them if it is temporary or permanent... I'm pretty sure they have been VERY naughty in neglecting to mention it is for matenity leave...

Oh you poor thing - make yourself a coffee and just try and relax and calm down for a bit. Then take some time to make notes on all the things you want to ask questions about before you make your calls. Does your co. have a head office you can call to get a copy of your contract?

And can you get a friend to phone up "about the advert" to find out if they mention maternity cover or whether they say it's permanent. If they say it's permanent you've got very good grounds to be worried.

Good luck. Let us know how it goes.

Snap catbabymummy!

no - "head office" is actually listed at the Care Home I work in!

lol! Well, you should still be able to get a copy if you ask for it. Also, you do have the right to ask to see your personal file. Put your request in writing and they have to get back to you within 40 days I think to arrange a time for you to go in and see it or for them to copy it for you. Might be worth doing if things don't improve.

As far as I remember (after having been in a couple myself), you have to be informed at least 24hrs of any enquiry/investigation into a disciplinary. You're entitled to representation. It can be someone from work, union or legal representation. If you feel the person assigned to take notes is not impartial, you can request someone else agreeable to you and the other party. You are entitled to see any allegations made against you and if it's at this stage, I would think they should be proper statements and not someone saying 'well she said you said this, that or the other'. I would also ask to see a copy of the company disciplinary procedure. It sounds like they've missed a few steps if you're straight to final.

It may not be down to the maternity side of it, I'm not sure what the rights are if someone has been with a company or job for less than a year, but it may be their way of reducing the rights of their employees. If you are in a union, contact your local office and see if you can get one of the full time officials involved. If not, get in touch with ACAS to see how quickly they can move on this.

Right - I've found my contract I'd filed it...........in the filing cabinet - DUH!

This is the key part of what it says

The Company will investigate all allegations of potential disciplinary offences in order to establish the facts. At every stage you will have the opportunity to state your case. The Company will give you reasonable notice of the requirement to attend a disciplinary metting to allow you to prepare your case. You are entitled to be accompanied by a fellow employee at the disciplinary meeting.

Following the disciplinary meeting, the company may take disciplinary action again you. In any event, you will be informed of the outcome of the meetting as soon as possible.

You have the right to appeal against any disciplinary action in accordance with the Appeals Procedure.

Stage 1 - Verbal Warning

If your conduct or performance is unsatisfactory you will be given a verbal warning. the required standard will be outlined. The warning will be given verbally and subsequently confirmed in writing. The warning will be disregarded if conduct or performance is improved and satisfactory after 6 months.

Stage 2 - First Written Warning (doesn't apply so I won't write it out)

Stage 3 - Final Written Warning.

If an offence is very serious, but does not amount to gross misconduct, or performance, a Final Written Warning will be issued and will remain on file for 12 months. the employee will be advised in writing that a failure to improve the standard of conduct of performance will result in dismissal.

Grievance Procedure.

If you were to have any grievance relating to any aspect of your employment you should first try to settle the grievance informally by raising it with your line manager.

If the grievance cannot be settled informally, you must set out the reasons for your prievance in writing and submit it to the Manager, who will then invite you to a meeting to discuss the grievance.

The Company will inform you in writing of its decision in response to the grievance withing five working days of the meeting. The employee will have the right to appeal this decision

All appeals must be made in writing within 5 working days of the Company's written decision.

You should submit your written appeal to The Director.

The Company will arrange and hold and appeal meeting as quickly as possible. You will be entitled to attend the appeal metting and will be given another opportunity to state your case.

The Company will inform you in writing of its decision in response to your appeal wihting three working days of the metting.

The decision at this stage will be final.

At all stages of the procedure an employee is entitled to be accompanied by a fellow employee.

Exactly the policy that my co. works to. You should raise a grievance against your manager based on failure to follow procedure (both with this and the other warning). they have a duty to investigate and report the findings back to you. You could also make the points about the job advert and feeling like you are being treated unfairly in the same letter (give them plenty to work on!) Once that is completed and they have reported their findings, hopefully things will improve. If not, contact ACAS again!