My rights at work?

[Poppet7]

I work as a community carer and the time has come for us to have the supervisor shadow us for our supervision. I have been dreading this because the woman that is supposed to do it hates my guts, and I hate her (it's all over Leon). Anyway, I asked my manager if anyone else can do the supervision and she said no, and if I have a problem with Adele doing it then I will have to leave. My friend Alexa also hates her and they told her the same thing but she's sure we are perfectly within our rights to request someone else for supervision?

I was supposed to have this today for 6 hours but I was sick yesterday so just carried it on for today too because I found out that Alexa only has to have her following her for two hours rather than six like me.

I don't know where I stand with this one. Can I ask for another person to shadow me? Will I get sacked because I didn't turn up even though they can't proove I wasn't sick today?

Any help would be appreciated, thanks.

Poppet x

[M3boy]

No, you cannot get the sack for being ill.

You do not have to proove anything.

They would be well within their rights to "dock" your pay if they believe you were infact "throwing" a sickie and you may get a formal warning.

To sack someone, there are proper procedures to be followed. You can only be sacked for "Gross Misconduct" and throwing a sickie does not count as gross misconduct

Well I believe this to be the case, ask HM he should know.

[Poppet7]

LOL, well they have proof that I'm throwing a sickie because my wonderful boyfriend is a manager and has proudly told me that he is telling them today - nice!

I'll be jobless and homeless soon.

[Claw75]

a lot of it depends on the kind of contract you are employed under, and the terms and conditions of that. 

I'd advise giving ACAS a ring - their details are on www.acas.org.uk

[TightEnd]

Is there a procedures manual that that your work follows? ask to see it to see if you can get anyone else to supervise you under their procedures?

do you have an emplyment contract? or terms and conditions?

Would be helpful if at the same time as resolving this issue you weren't going through disciplinaries because of taking sickies!! Must be tough though.

[Poppet7]

The thing is I have only ever had one day off when I went into hospital about 7 weeks ago so they can't really do anything about it. If they dare try to sack me then I have a strong case against them... bullying at work, breaching confidentiality (they thought they'd let carers know why I was in hospital etc) etc.

I will ask for copies of the manuals and contracts, but they've told both me and Alexa that if we don't have supervision with Adele, we'll have to leave. If we do have the supervision we'll be made out to be the worst carers in the company when really we are very good. I'm going out to lunch with her later so we can have a good ol' bitch about it!

Claw I looked on that ACAS website but couldn't really find anything to do with working relationships.

Thanks for the help and advice xx

[Huaboy]

Unfortunately you are in a difficult position..

You will probably be better off Smiling sweetly at the supervisor and agreeing with everything she says( this usually winds my boss up).

If you do not agree with the written report that is presented aftwards you make have a case and feel it was not true you can then take that further..

PS, Throwing  sickies can get you the sack .....

[mikkyT]

Poppet if you and Leon are having personal issues then you are well within your rights to declare that to your employer (go above the first line management) and request transfer/different supervisor/etc etc. Cite personal difficulties as a reason. They have a duty as an employer to ensure their employees are treated fairly and having your partner as manager is not a good idea, especially when you are arguing.

You should certainly seek some legal advice, if you are in a union then your union rep would be a great start. If they are looking to sack you, you would certainly have a great case at an industrial tribunal. Cases have been won for far less.

Hell, I won mine when I got sacked for surfing the internet back when I was 20. I *WAS* surfing the internet all day, I was guilty as charged. I had the formal warning, then got sacked for using someone elses internet account so I could continue surfing (every employee had a different login back then). But my claim of being addicted to the internet swung it in my favour and my employer had to provide me councilling and I kept my job - I even got an internal transfer to a better job because I said the manager was picking on me.

[Trace]

Poppet, is it REALLY essential that you have a job right now?  OK, maybe I worded that wrong.  Are you in a position to tell them to stick the job where the sun dont shine and then get yourself out there and look for another one?

[Poppet7]

Poppet if you and Leon are having personal issues then you are well within your rights to declare that to your employer (go above the first line management) and request transfer/different supervisor/etc etc. Cite personal difficulties as a reason. They have a duty as an employer to ensure their employees are treated fairly and having your partner as manager is not a good idea, especially when you are arguing.

You should certainly seek some legal advice, if you are in a union then your union rep would be a great start. If they are looking to sack you, you would certainly have a great case at an industrial tribunal. Cases have been won for far less.

Hell, I won mine when I got sacked for surfing the internet back when I was 20. I *WAS* surfing the internet all day, I was guilty as charged. I had the formal warning, then got sacked for using someone elses internet account so I could continue surfing (every employee had a different login back then). But my claim of being addicted to the internet swung it in my favour and my employer had to provide me councilling and I kept my job - I even got an internal transfer to a better job because I said the manager was picking on me.

LOL thats quite funny actually!

[AndrewT]

Hell, I won mine when I got sacked for surfing the internet back when I was 20. I *WAS* surfing the internet all day, I was guilty as charged. I had the formal warning, then got sacked for using someone elses internet account so I could continue surfing (every employee had a different login back then). But my claim of being addicted to the internet swung it in my favour and my employer had to provide me councilling and I kept my job - I even got an internal transfer to a better job because I said the manager was picking on me.

And people wonder why the country's going downhill...

[Nem]

a lot of it depends on the kind of contract you are employed under, and the terms and conditions of that. 

I'd advise giving ACAS a ring - their details are on www.acas.org.uk

The best advice

[Poppet7]

Poppet, is it REALLY essential that you have a job right now?  OK, maybe I worded that wrong.  Are you in a position to tell them to stick the job where the sun dont shine and then get yourself out there and look for another one?

Well yes, I have to pay rent, car, mobile, clothes etc. I don't have any support off of either of my parents or leon, so if I don't work then I'm stuck! Plus there are other issues right now with me and Leon which might end up in us splitting and me having to move out of his parents house. I'll need money to do that because the only thing I own is a car and a bit of bedroom furniture lol, not even a bed!

I really like my job and get on well with the majority of my clients, but I will start the process of finding a new job, and so is my friend Alexa... it'll be funny cos if we both leave at the same time that company will really suffer!

But I wish I could just tell them where to stick it Trace, they've caused me enough problems over the months, it was their bullying and sexual harrassment with Leon that led to me being in hospital, unfortunately I can't use that against them because it was out of work.

[henrik777]

I doubt that any company would be in a situation where they will let you decide who doeas/doesn't supervise you.

However they also have to be aware of potential harassment/bullying. Now that you have spoken to them they are in a very difficult position should anything actually take place.

Write everything down with dates, times and witnesses etc. This helps with any employment tribunal if it goes that far.

Sandy

[The_nun]

Just looking at what Trace said, is it really important for you, this job i mean?.. because if it is full time you will not be able to do it for much longer anyway as I recall you said a few months back you had been accepted at Canterbury Christ Church University. So if I was you before i take it too far I would ask for a Ref: and start looking for P/T work to fit in with your course studies. Life is too short to be unhappy at work Poppet..x