adam1985
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| posted on 22/9/09 at 07:35 PM |
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adivce about complaints at work
Hi all im after abit of adivce please about the complaints procedure at work
My misses visits offices and assesses people on site so organises what time she gets to the place of work.
She has had a complaint made against her saying that she is late quiet alot.
The thing that has wound her up is she is never late and she knows this because she has to sign in on arrival. bearing in mind its about a 40-50 mile
drive in the morning traffic in manchester this is pretty good.
However last week one of the major roads on her way was closed so she got caught up in traffic once she relised she was going to be late she text the
girl she was meeting and told her the situation an hour before the meeting and still has the message saved with time details the girl was fine about
it and so was her managers so all is well she thought.
But today she has had to go to her manager who has told her what has happened and is looking into the problem and told her she could have a
diserplinery (sorry dont know how to spell it).
now there is a collegue of hers that she says is always tring to get people in trouble always stiring and brown nosing the managers
what she thinks has happened is this collegue has seen her come in late and told the managers it a regular thing.
what she wants to know is. Is she in her rights to know who made the complaint because aparently her boss is being very cagey about this and what can
be done if it is found that it is a collegue making up stories
[Edited on 22/9/09 by adam1985]
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steve m
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| posted on 22/9/09 at 07:56 PM |
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If your missus has this case taken against her in a discaplinary, then legally she has the right to all paper evidence, against and for her, the
problem i can see, is it seems to have been a verbal transaction, and there fore "nothing in writing"
I would suggest, as i have had dealing with similar problems, with colleages, who work with and for me.
That the Missus, goes into the discaplinary proceedings and tells the truth, if she was late a couple of times, say so, liars allways get found out
!!
Hope it all comes out well, and trust me, i do now how much hurt can come from "colleages"
I dare say, that the one spilling the beans has more to lose, than gain out of this exorcise, and would put money on it that they are hiding something
them selves
regards
Steve
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will121
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| posted on 22/9/09 at 07:59 PM |
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would say employer not obliged to say who raised complaint, but they are obliged to investigate before taking any disciplinary action, personally I
would think best way is stay calm talk to manager highlighting method used of booking in-out to confirm hours of attendance and listen to any points
raised before jumping in. all this is on the basis she works for a decent employer prepared to investigate properly!!
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Nash
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| posted on 22/9/09 at 08:01 PM |
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Hi Adam,
Your wifes Manager should have specific details about her timekeeping infringments. Dates, times etc.
If your wife can get hold of the dates and times and she can cross reference them to the dates and times she signed in on site then this can be shot
down in terms of a hearing.
If there are no specific times and dates then there can't really be a case to answer and your wife has grounds to complain / claim
harrassment.
Don't let he discussion turn to work performance as a defence from the Manager if put on the spot if this hasn't been discussed previously
as the complaint is about time and attendance not work performance.
Remenber it is down to her Manager to prove the case and your wife should be given sufficient time to provide evidence to defend herself. Make sure
she takes a colleague or Union Rep if applicable with her. Don't enter the meeting alone and document everything or better still record it.
Good luck.
...Neil
It's What You Do Next That Counts.
Build It, Buy It, Drive It:
Southern Kit Car Club
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l0rd
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| posted on 22/9/09 at 08:03 PM |
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The company must have a policy about it.
A situation came up at my missus work. I started reading through the policies and i found exactly what i was after.
Unfortunatelly, my wife didn't put it in writting and the matter was forgotten.
I still tell her off about it.
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morcus
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| posted on 22/9/09 at 08:07 PM |
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I would say you don't have a right to know who made the complaint unless you were taking it beyond the level of your emediate mangement.
I wouldn't worry, If she's not done anything wrong then she'll be OK.
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l0rd
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| posted on 22/9/09 at 08:13 PM |
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In one of the policies that we have, it says
"Collegues cannot spy into other colegues"
If the manager tells her that her colegue complaint, she owns his arse
[Edited on 22/9/09 by l0rd]
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adam1985
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| posted on 22/9/09 at 08:17 PM |
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Yes the manager has only talked to her about it nothing has been put in writing but she has said she will be looking into the problem.
The manager has only just been premoted to manager about a month ago so does not know the job to well.
My misses knows that she is not late because as said she has to sign in on arrival.
she also has duplicate copies of the work they have gone throgh which has time and dates written on the bottom and is signed by both parties.
She is sure it is this women stirring
I will pass on these comments to her and she can decide what she wants to do
it might be worth her joining a union for some advice and back up if needed
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ianclark1275
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| posted on 22/9/09 at 08:27 PM |
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it would be very difficult for a manager to disipline anyone for being late unless they had "proof" that this was the case and had been a
regular occurance. (not hersay)
She just has to ask for union rep to be present at all times if any thing further happens.
points to remember.
1. - Punishemnt fits the crime (being late on one occasion is not a crime, it is unrealisitic to therfore "punish" this. (unless it
happens all the time without sufficent reason!)
2- conduct, is about how the person behaves and reacts to situations / speaks to others - any apparent deficency in this area is a disciplinary matter
and requires lots of evidence (specific and measurable) ie dates / times 1min late or 35 min late etc...
3 - Performance, is about having the tools to do your job (training etc..) , being properly briefed on whats expected of you including what time to
turn up. - this should be delt with under a Performance improvement meeting.
being late once is not something any manager would waste time other than to make a note of it to identify if a pattern occurs.
there is nothing to worry about.
if the manager makes any indication that it is a "first" informal chat about being late or anything else which indicates it could be start
of a performance review period, then i would raise this course of action taken to the managers line manager as inappropriate for the situatiion of
being late once??????!!
Clarky.
measure twice, cut once, scrap it, start again.
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richard thomas
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| posted on 22/9/09 at 08:30 PM |
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I believe that if you go in for a disciplinary you are entitled to view all documented company evidence beforehand.
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zilspeed
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| posted on 22/9/09 at 09:02 PM |
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At all costs, she must not be rushed into having the issue resolved within a short timescale.
I cannot stress this enough.
Around 3 years ago, I had a line manager who had allegations of misconduct against him.
He was a good guy.
We also knew who was behind it, a disgruntled junior member of staff.
The union and higher management all wanted it sorted " as quick as possible."
Thankfully, our man had a 3rd party adviser who insisted that he take all the necessary time required and not to be rushed. Two colleagues and I
helped him to go through everything and prepare his defence as if it were a court case - you must treat it like that.
To cut a long story short, our side was so well prepared that the case utterly fell apart when we picked it apart and the guy was utterly
exonerated.
The person who instigated it all was moved to a new position where the bosses can watch her 24/7.
As the old saying goes, "you keep your friendsclose, you keeper your enemies even closer."
Your wife must find out what has been alleged in absolutely specific detail.
She must then go on to provide evidence as to why it is all lies.
If she does so, the troublemaker will rue the day she over opened her mouth.
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big-vee-twin
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| posted on 22/9/09 at 09:07 PM |
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The manager should obtain written and signed statements from those who are complaining, these have to be made availble to your missus.
Your missus should be asked also to make a statement. and then each party should be interviewed the manager will then make his descision, your missus
will have the right to appeal in which case another manager usually at a higher level should review the details and then agree or disagree with the
situation.
You are entitled to have a freind with you in the interview and they dont have to work at the same place or a union rep.
Read and understand your company procedures which form part of your contact your firm should follow these if they dont they will not be able to make
anything stick don't make them aware that they are not following their rules during the procedures use it later if you need to.
You should however get a written warning at most and told to improve its not a sacking offence - you contract will explain what is a sacking offence
such as bring the company into disrepute or law breaking.
Once you have won bide your time get another job and tell em to stick it!!
Duratec Engine is fitted, MS2 Extra V3 is assembled and tested, engine running, car now built. IVA passed 26/02/2016
http://www.triangleltd.com
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Dangle_kt
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| posted on 22/9/09 at 09:42 PM |
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i think it might depend what the companies "whistle blowing" policy is. This is a way of protecting people that make alegations.
Make sure she watches her back - in this economic climate places are looking to get people onto final writtens so they can get rid as soon as they get
the nod from on high.
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ashg
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| posted on 22/9/09 at 10:47 PM |
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ask for proof of the constant lateness. i bet it will all get pushed under the rug and never be mentioned again.
there are some sad little people out there.
Anything With Tits or Wheels Will cost you MONEY!!
Haynes Roadster (Finished)
Exocet (Finished & Sold)
New Project (Started)
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gottabedone
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| posted on 23/9/09 at 06:26 AM |
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Adam,
Today's climate is an awkward one and your wife's course of action depends on how safe her job is. Going into a meeting prepared is a lot
different to going in on the offensive. As has been said above, if your wife has accurate records of her time keeping then she can obviously
relay on these as evidence. If the other aspects of her work are good as well then it is important that this information is taken as well (good work
reports etc).
Your wife doesn't want this to turn into some sort of "Performance review period" as these can turn into a witchhunt but in order
for the manager to take things further he needs a lot of documented evidence.
Also the "friend" that your wife takes to the meeting can be (if your policy allows) anyone - is there another manager that she trusts? -
this may help to keep proceedings on track and fair.
A lot to think about and things will hopefully be fine.
regards
Steve
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AndyW
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| posted on 23/9/09 at 07:48 AM |
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Sounds like she works for the same company as me, we seem to be able to make a mountain out of a mole hill, and use it as an excuse to then monitor
performance. As some one has already mentioned, the fact that timekeeping is being questioned, dont let it get into a discussion about performance. If
you have a meeting with management, take in a witness with you to document everything. Good luck and also try C.A.B they are very good.
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Mr Whippy
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| posted on 23/9/09 at 08:28 AM |
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The planner who works with me was confronted by the HR manager when he was leaving for home and accused of not working his hours. As we swipe in and
out he got a print out of all the times, stuck it all on an excel spread sheet with a total for each day against what he was payed to work and
e-mailed it to her and his line manager. Turned out he was working over 5 hours a week overtime and then asked for it too. Funny things is the HR
manager who accused him in the first place comes in at 9:30, about the last person into the office, he starts a 6:30 
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