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samfits99 · August 2020

Good morning all you lovely people .....

right here goes! I do apologises if this message will be huge. basically I am doing around 25-30 hours in my job and we are suppose to get a hour break but we have been working through it as my my boss says there is not much we can do, you will just have to work through it mate” it’s killing me it is. Also work suspended me for 4 months because I had a argument with my supervisor they was still paying for full. I told HR I have ADHD and when I get upset or angry for people to just give me space ... when I’m feeling low, HR said months ago they will tell the store to give me reasonable adjustments under the equality act 2010. but when I have asked my senior supervisor/ store manager they said no HR haven’t informed us on anything! despite them saying we will let them no when you go back to work about the issues. I am getting the P taken out of me in work and they treat me the same ...... what can I do? I feel like my boss doesn’t listen to my issues but listens to everyone else. I get treated differently, I am looking at taking them to court. I have all the recordings on my phone and made it clear to HR if I get in any arguments in work that would result in me being suspended again I record it and make it clear why I am going it. the information commissioners office said I am within my legal rights to do it if I feel threatened or if they are causing me alarm and distress. and I have told HR that’s what I will be doing. any advice anyone? I have been working through my hour break and they take it off us so loosing a lot of money in the process.

Regards
Sam

Cher_Alumni · August 2020

Hi @samfits99

Thank you for posting. I'm sorry you are experiencing this, it sounds horrendous

Just to clarify do you work over six hours in your shifts?

I am probably telling you something you already know but this is important as the government rest breaks at work webpage states,

"Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break."

If your government are breaching this, which it sounds like they are, then its unlawful. Have you contacted ACAS for advice? They provide free workplace advice and would be a great source of support for you throughout this. Their helpline number is 0300 123 1100

Please let us know how you get on.

woodbine · August 2020

You mention your "store manager" can I assume you work in retail? could I also suggest that if you aren't already you join USDAW the shop workers union? In your situation being a member of a union can often be useful.

janer1967 · August 2020

Hi @samfits99 I am sorry to heat about your situation

In order to take them to court you first of all need to have exhausted all the process thee company have for dealing with complaints like this.

You need to submit first of all a formal grievance to HR and your manager and they must respond aznd try and come to a solution. If this doesnt work then ther next stage is to appeal this

Your employer should have a copy of the grievance policy for you to see and make sure the policy is followed

You may also want to ask for a referral to Occupational Health who can assess you and recommend workplace adjustments

If the company dont respond to your complaint then will be the time to consider a complaint out of the employment.

Have a look at the ACAS website they have great advice and would be involved if you made a employment tribunal complaint, also it isnt court that you would go to it is a tribunal as this is a civil matter and not a criminal matter

Happy to help more if you need it

samfits99 · August 2020

@Cher_Scope yes, I work 9 hour shifts. we are suppose to get a 1 hour break 2-3pm and never get it.

@woodbine Yes I work in retail.

@janer1967 I put in a grievance with the company and I met up with the HR manager and area manager and they sent me to octupantional health and the doctor said my disability fall under the equality act 2010 for them to make reasonable adjustments at works. as my employer sent me there to see if I fall under the equality act and he said I do. HR got the report and I had a meeting with them and they got me back into work and said my store manager and supervisors in work will no about the reasonable adjustments but when I asked my manager and senior manager they said HR haven’t told us anything “ about any reasonable adjustments!!! despite them saying they did. also I’m having to work through my 1 hour break as it I don’t I will fall behind ! I am just more frustrated that these reasonable adjustments haven’t been done as HR said they will inform them but they haven’t. and I got suspended for 5 months because my old supervisor had a huge arguments and the senior supervisor was being horrible to me trying to get a reaction out of me and I told her please leave me alone as your causing me stress and anxiety and I’m going to have a panic attack and I’ve told head office about this. I’ve been through to ACAS and they sorted out for me they got me back in work but still these reasonable adjustments haven’t been done like HR promised. I have recorded my store manager and senior supervisor to ask them and they both say we haven’t been told nothing “ I only record is for proof. and this company I work for have a legal document saying it I ever get into any argument I will be recording it on my phone as evidence as last like I nearly got sacked they said I said this and that which I didn’t, So I’m doing it for my protection “ I’ve just had enough now! what can I do guys ??

janer1967 · August 2020

As I said you need to now put in grievance that the adjustments haven't been auctioned if HR are not cooperating go higher up the ladder do they have a HR director or regional manager

I worked in HR for large retailer for 30 years

Are you in a union at all ?

samfits99 · August 2020

@janer1967 it’s just so hard to get in contact with them as there all working from home blah blah. I am just more frustrated they have lied to me tbh. saying that they have told the managers at my store but haven’t. I feel like even if I raised it higher they will not even do anything! feel like I might as well run as fast as I can into a brick wall

janer1967 · August 2020

Can you email them and put it all in writing

Get some advice from CAB

woodbine · August 2020

@samfits99 I would if i were you give serious thought to joining USDAW they are an excellent trade union and i think they would be quite helpful in this situation.

samfits99 · August 2020

@janer1967 I emailed them about this 5 weeks ago and haven’t got a email apart from saying someone will be in touch soon” and I’ve tried getting hold of the area manager but no surprise he’s still on leave “ I will just contact ACAS again.

samfits99 · August 2020

@woodbine how much do they charge? Also do you have there details please

woodbine · August 2020

here you go sam
https://www.usdaw.org.uk

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