Unite-The Union

Still no response from Richard Bedford.

And despite an e-mail from him, almost 3 months ago, no meeting or contact with Albert Graham

More from the UPS Policy Book

The great majority of our people are of high moral character. However, when we do discover a dishonest person in our organization, we deal with that individual quickly and firmly. For our company to be known for its integrity, each one of us must meet high standards.

Scott, define "the great majority."

It is n't you, or T Kosir, or Roger Mays, Lisa Bradshaw, Emma O'Toole, Geoff Platt, Mo Akhtar, Richard Watts, Carl McGuinness, Duncan Coates, Chris Marchant, Nigel Marsh, Howard Stone, Steve O'Donnell, Rob Burrows, Craig McIntosh, 50 Centreboard Managers or any of the others I really can't be bothered looking up just now.

The great majority of our Management are not of high moral character. The honest employees are the hard working ones on the coal face. Usually the first to be victimised.
It is not the drivers cheating with centreboards.
It is not the drivers cheating with time deliveries.
It is not the drivers cheating with Non deliveries.

The Management give the instructions.
The Management are dishonest with their employees.

Clyde & Co, are UPS still happy with all this?

Liars, prevaricators, beguilers, cheaters, deceivers, tricksters, slickers, false witnesses, perjurers, fabricators, fibbers, storytellers, dishonorable, dishonourable, insincere

corrupt, crooked, not straight, dishonest, immoral, evasive, false - not in accordance with the fact or reality or actuality, untrustworthy, untrusty

and all these descriptions?

Of course they are.

And yes, Trucker-net.com is still up and running

In fact so am I.
I have given UPS, through their solicitors Clyde & Co, the opportunity for me to remove anything that they think is untrue.
To date.....nothing.
Therefore it must all be true.........but I knew that already.

Note UPS were making their threats (idle) to Dave in 2009 



To T Kosir
Date 2 February 2010 11:32
Subject David Townend

Dear Sir
Please find attached the sixteen page letter sent to me by UPS solicitors on the 7th of December 2009 as you can see it threatens me with legal action if I do not comply with certain demands.
We are now at the 2nd of February and UPS threats of legal action have not yet come to pass.
The attached document has been with my legal advisors since the 9th of December 2009 with the necessary Legal Documents and other documents, that disprove all the allegations covered in the attached letter.
Your Managers including Steve Woods, Mike Labourn, Julian Smith and Paul Sellars have copies of all the existing Court Documents and other Documents that I will produce if I have to in my defence.
My legal advisers have contacted me asking me how I wish to proceed and suggested that I take an action based on the letter sent to me and the evidence I can produce to clear my name of all allegations.
At this moment I will accept a letter of apology and retraction of the allegations and the matter will end.
Failing this I will publish the attached letter on my Web site accompanied by all the proof that the allegations are false, and I will see you in court.
Unlike UPS Managers I will do as I say and my word is my bond.

Yours sincerely

David Townend

News from Trucker-net.com

24th September 2012
Still no action by VOSA dispite many people reporting 1000s of tachograph and drivers hours infringments to them, especialy by UPS drivers. It is hard to believe that UPS actualy has VOSA in its pocket. Maybe Scot Davis has had a word and UPS are alowed to work to American legislation.
UPS preaches ITEGRITY but they have no idea as to the meaning of the word.

What was that Lou Holtz was saying?

A bird doesn't sing because it has an answer, it sings because it has a song.

Maybe Dave & I should do a duet. (I've been in G & S's Yeoman of the Guard)

I can add Unite, LOGOG, IOC, HSE & CIPD to those unwilling to listen to the wrong-doings of UPS. The question is why? Maybe Dave is giving us the answer. The mighty shekel.

I'm going to add that they'd be so embarrassed to be associated with UPS and it's lack of integrity, that they must keep quiet.

Unite should be looking after its members.
LOCOG should be insisting on Olympic values, as should the IOC.
HSE should be looking after the health and safety of UPS employees.
CIPD should be investigating the lack of professionalism among the HR dept.
VOSA should be ensuring the safety of UPS vehicles on the road, and therefore the general public.

All turn a blind eye to UPS.

More grievance advice

For anyone who is thinking about raising a grievance, especially if you are thinking of resigning, the statutory right to a correct grievance procedure was replaced by the ACAS code of practice. It would seem that as long as a Company has a grievance procedure it doesn't need to stick to it. They can legally run the clock down by ignoring their own procedures. There seems to be no recourse against Companies who do this.

Page 20 of the Policy book

We Give Each Employee Complaint Prompt, Sincere Attention.
If overlooked or neglected, even minor misunderstandings can escalate into major dissatisfactions. We try to anticipate and eliminate causes of complaints. When a question exists, we give the employee the benefit of the doubt. The immediate supervisor has the initial responsibility for resolving a complaint. When necessary, we involve the next level of management and, if appropriate, the Human Resources manager. We keep the employee informed about the status of his or her complaint. In the process of making a decision, we do our best to take action that is fair to both the employee and the company.
Page 30

We Do What We Promise.
Our customers expect us to meet our commitments; they will not excuse us for doing less. Customers must always feel that they can rely upon our word.

Page 31
We Maintain a Dependable Delivery Service.
The dependability of our delivery service is important to our customers and their customers. We provide scheduled global delivery service and make every effort to meet those schedules. To ensure on-schedule deliveries, we establish controls, conduct audits, and regularly measure our performance. We regard each service failure as a serious matter.Our customers expect us to meet our commitments; they will not excuse us for doing less. Customers must always feel that they can rely upon our word.,

We regard each service failure as a serious matter. - So serious that every attempt must be made to cover it up. As I have said previously, false scans are placed on time sensative deliveries so that they cannot fail. False scans are placed on Non delivery attempts to cover up those failures.

Figures are so important that approximately 50 out of 55 centres in the UK were prepared to cheat by putting a centre board on road.

Now, I know the provenance of my information. Some of it is here on these pages, yet I am being forced to believe that I've invented the whole scenario.

Right up to D. Scott Davis, there is a cover up of these practices.............and others.

Parrots don't like prog

That's these

Rather than

Or even

When they work, they're good.......But, and it's not just prog, they're crap.

We have them installed in all the vans for their hands free phoning ability.

Most of the units have the same problems.....and that's even after the upgrades.

Mine loves Capital Radio, keeps defaulting to it

Loses Radio 5 completely

Won't read the SD card, doesn't even acknowledge it.

Resets halfway through Dead Nobodies

Gives random names from the phonebokk when trying to dial



Dependancy Leave - UPS Style

To those UPS employees who pop by here. Don't be bullied by UPS's stance on dependancy leave. There is no limit on how much time you can take off. More UPS lies.

from the Direct.gov website

How much time you are allowed to take off

You are allowed 'reasonable' time off to deal with the emergency and make any arrangements that are needed. There's no set amount of time allowed to deal with an unexpected event involving a dependant - it will vary depending on what the event is but for most cases one or two days should be sufficient to deal with the problem. For example, if your child falls ill you can take enough time off to deal with their initial needs, such as taking them to the doctor and arranging for their care. However, you will need to make other arrangements if you want to stay off work longer to care for them yourself. If both parents wish to take time off for a dependant you should try to adopt a common-sense approach with your employer. Both parents may need to take time off work if your child has had a serious accident, however it is unlikely to be necessary if the childminder fails to turn up. There's no limit to the number of times you can take time off for dependants, provided it's for real emergencies. If your employer feels that you are taking more time off than they can cope with, they should warn you of this. If you need to be off for longer than you thought to deal with something, contact your employer as soon as you can to let them know why and how long you might need. Try to give them these details in writing as soon as you can. Your employer may have a form they will need you to fill in.

Being paid for your time off

Your employer doesn't have to pay you for time off for dependants but they may choose to do so. You can check your contract of employment to see if there's a policy about this.

Note to CIPD, What was that about HR being professional?

Half a Century

50 up and over 8,000 views

And onwards to my age.

I can't really count China as a new visitor as they've shown in my google stats for some time.

Welcome also, Donnie, Friend or Foe, whoever you are, pull up a chair and have a biscuit or two.

Interesting to hear Ricky Hatton talking about depresion and suicide earlier this morning.
That's the effect of UPS

Hatton Interview this was BBC 5 live rather than BBC Breakfast this morning.

Also on a sporting front, Brendon Rodgers inciting his players to cheat

Brendan Rodgers has issued a veiled warning that Liverpool players could resort to unsporting means to win decisions having been denied "the rub of the green" from referees this season. The Liverpool manager believes Luis Suárez has been refused legitimate penalties in the past two Premier League games, against Sunderland and Manchester United, and claims major decisions have gone against his team since the opening day of the season at West Bromwich Albion. Rodgers phoned Mike Riley, head of Professional Game Match Officials, to express his grievances on Thursday and afterwards made the stark admission that, in the absence of legitimate fouls, players will be tempted to exaggerate contact to sway referees in future."I'm concerned that we've not had any sort of rub of the green from officials," Rodgers said. "We like to think we are a sporting team, I have always told my players to do the right thing, not to dive, to play fair. But the fairness we show, it seems the decisions pass us by because of it. There are so many decisions that have gone against us. "I spoke to Mike Riley and he admitted he expected me to call earlier. I didn't ring after the Manchester United game, I wanted to speak to the assessor first on that one, and he hasn't contacted us yet. But after the West Brom game, I had to call. Jordan Henderson got a horrendous tackle and the player wasn't even booked, while Andre Wisdom won the ball with a fair challenge and was booked. Things aren't going for us at all. "It would be a shame if players who respect the rules and managers who are asking players to stay on their feet and not dive are not getting the decisions because of it. I think it is important that referees understand that. It has been a criticism of the last few years of players going down too easy. It is not something we want to encourage but if you're not going to get decisions because of it players may do that." Steven Gerrard and Glen Johnson admitted Suárez's reputation for theatrics preceded him after an appeal for a penalty against United, following a tackle by Jonny Evans, was denied by the referee Mark Halsey on Sunday. Rodgers added: "Suárez has had a couple of good penalty appeals, he hasn't dived, they have been legitimate, and he's actually got booked. He went down at Sunderland and it looked a clear penalty and he ended up getting booked for it. Last weekend in the Manchester United game there was more contact in his case than there was in Antonio Valencia's and Valencia gets a penalty and we get nothing other than a hard-luck story. "I'm not sure [Suárez's reputation is influencing officials] – you'd need to ask the referees – but he is a wonderful talent and irrespective of whether he goes down, if it's a penalty, it's a penalty. What I have seen, he certainly doesn't ever look like he is going to get a decision and that is something which would bother me going forward."

I watched MOTD 2 and if ex-Liverpool player Mark Lawrenson says the ref was correct on all the "questionable" decisions then that's good enough for me.

There was a sour note though concerning the treatment of match referee Mark Halsey, he has had to contact the police regarding his abuse suffered at the hands of what are most likely Liverpool fans, believing him to have had a poor game. The 51-year-old referee who was diagnosed with throat cancer back in 2009, came back to his profession after beating it in 2010, apparently those who are abusing him on twitter wished he had died from it or will die from it shortly, these and other abusive messages were sent to Halsey. This is a human being, merely a man trying to do his job, I don’t get how people can be this callous over 90 minutes of what is essentially, just a game. It baffles me that despite commentators, pundits and writers alike who all believed he made the right calls manages to get so much hate, I hope the police find whoever has abused him and they punish them to the fullest extent of the law.

Liverpool being picked on again?......They're just not good enough.

Longer bans for players cheating by diving, sorry, simulation, should be brought in.

And only a 4 match ban for Terry retially abusing Anton Ferdinand, disgraceful.

Finally good news for Graham and Tony

Ever since Ken Bates took over Leeds United, it seems to me that at least some fans have wanted him out, well it looks like they finally will get their wish. A Bahrain investment firm called Gulf Finance House, has confirmed that it has signed an exclusive agreement to lead a takeover of the Elland Road club. This for the members of LUST (Leeds United Supporters Trust), has been too long in coming, ever since it was revealed by Bates that he had granted exclusivity to a potential investor in June, they have had the champagne chilling on ice awaiting the day when he leaves the club. Gary Cooper the trust chairman had this to say, “It’s been a long, long summer for Leeds fans who have heard very little. We knew these talks were going on and with neither side willing to say anything it’s been frustrating. We’re hoping for investment in the team and for Leeds United to be glorious again. These people are first and foremost businessmen, hopefully sharing our vision, but expecting a return on their investment and the Premier League offers vast riches if the club can get it right on and off the field.” I believe that this will go through formally in the next few days and there will be some big smiles around Leeds when it does.

Looks like Ken's finished stripping all his playing assets, now he can sell

More free music

Dead Nobodies No. 14 up and running. Join Bert via the Website

PLAYLIST

Highway Star – Glenn Hughes, Steve Vai, Chad Smith
This Matter Of Mine  -Beardfish
Hedgerow – Big Big Train

Liberty, Complacency, Dependency Threshold
Last Man Standing The Pineapple Thief
Cartoon Graveyard It Bites

Out Of The Angry Planet Phideaux
Bull Torpis/Barefoot In The Head – Astra
Hydra – Bigelf

Le Surfer D’Argentine Morglbl
Infinite Fire Flying Colors

Hold Your Head Up – Argent
Friends – Led Zeppelin
Celebration – Day Led Zeppelin

When We Were Young (Studio Version) – Magenta
Pride – Mystery

Gaza – Marillion

Theme 1 – Van Der Graaf Generator
A Life Within a Day – Squackett
The Enemy God Dances With The Black Spirits – Emerson, Lake & Palmer

Sunlight – Anathema
Harmony Korine – Steven Wilson
Sheep – Pink Floyd

Awaken – Yes

Wish Them Well – Rush
Cinema Show – Genesis


meer gratis musiek
больш бясплатнай музыкі
повече безплатна музика
més música lliure
više slobodan glazba
plus de musique gratuitement
Mehr freie Musik
πιο ελεύθερη μουσική
más música libre

Further Grievance advice

From the Direct Gov website

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Grievanceprocedures/DG_175998

Where to get help

Acas offers free, confidential and impartial advice on all employment rights issues.

• Acas (Advisory, Conciliation and Arbitration Service) Failed to offer any help
• Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online. Have no idea on Statutory rights
• If you are a member of a trade union you can get help, advice and support from them. Or you could join up so they can lose your membership details.....conveniently

I have several more irons in several more fires. The odds though, seem stacked towards the big Companies, lets see what next week brings. Though I have to say that my irons this week have been very slow in answering or following up.

To quote Lou

"A bird doesn't sing because it has an answer, it sings because it has a song."

Roger just added a couple of verses to my song.

It could be the "Endless Enigma" by ELP.

Personal Update

It's been a nasty horrible couple of weeks.

Possibly put me back 3 or 4 years mentally, and that's a dark place.

It's also having an effect on my job, looking like a real amateur.

Concentration has gone to pot and I'm making loads of stupid mistakes.

Tribunal pre hearing rejected my claim as being made too late - See label on grievance procedures. That's a massive loophole, well played by UPS.

CIPD, and this is no surprise, See CIPD label, rejected my 3 complaints about their members, or non-members. They are as dishonest as UPS. (more on that later as it unfolds)

Called in the CAB whilst delivering in Halifax the other day to query the recourse to Company's who fail to follow the statutory rights regarding Grievance Procedures. They had no answers. It seems that Company's who know what they are doing can side step the Statutory rights.

Can't say that I'm back on it as I can't control my subconcious but Scott, Cindy & Roger, I've been reading those Lou Holtz quotes, you haven't seen my best shot yet.

I can probably make that 2-0 to UPS.

Problem is, I have thoughts and ideas during the day then completely forget about them when I get home at night

Lou Holtz

I'd forgotten about my Lou Holtz quotes until I was looking through the blog for something.

 

Here's a resume of just a few.

 

I can't believe that God put us on this earth to be ordinary.

 

Ability is what you're capable of doing. Motivation determines what you do. Attitude determines how well you do it.

 

A bird doesn't sing because it has an answer, it sings because it has a song.

If you burn your neighbors house down, it doesn't make your house look any better. 

Life is ten percent what happens to you and ninety percent how you respond to it.

It's not the load that breaks you down, it's the way you carry it. 

Motivation is simple. You eliminate those who are not motivated.

If you're bored with life - you don't get up every morning with a burning desire to do things - you don't have enough goals.

When all is said and done, more is said than done. 

Do right. Do your best. Treat others as you want to be treated.

No one has ever drowned in sweat.

You're never as good as everyone tells you when you win, and you're never as bad as they say when you lose.

How you respond to the challenge in the second half will determine what you become after the game, whether you are a winner or a loser.

 

I never learn anything talking. I only learn things when I ask questions.

Don't be a spectator, don't let life pass you by.

On this team, we're all united in a common goal: to keep my job.

You'll never get ahead of anyone as long as you try to get even with him.

I think everyone should experience defeat at least once during their career. You learn a lot from it.

Show me someone who has done something worthwhile, and I'll show you someone who has overcome adversity.

The problem with having a sense of humor is often that people you use it on aren't in a very good mood.

If you try to fight the course, it will beat you.

In the successful organization, no detail is too small to escape close attention.

 

Dr. Louis Leo "Lou" Holtz (born January 6, 1937) is a retired American football coach, and active sportscaster, author, and motivational speaker. He served as the head football coach at The College of William & Mary (1969–1971), North Carolina State University (1972–1975), the University of Arkansas (1977–1983), the University of Minnesota (1984–1985), the University of Notre Dame (1986–1996), and the University of South Carolina (1999–2004), compiling a career record of 249–132–7. Holtz's 1988 Notre Dame team went 12–0 with a victory in the Fiesta Bowl and was the consensus national champion. Holtz is the only college football coach to lead six different programs to bowl games and the only coach to guide four different programs to the final top 20 rankings. Holtz also coached the New York Jets of the NFL during the 1976 season.
Over the years, the slender, bespectacled Holtz has become known for his quick wit and ability to inspire players. He is often found as a guest on the popular Richmond, Virginia based Kain Road Radio. In 2005, Holtz joined ESPN as a college football analyst. On May 1, 2008, Holtz was elected to the College Football Hall of Fame.

 

Matt Stevens update

If you fancy it you can vote for me on the Prog Magazine website as "Prog God of the future". At time of writing I'm 4th :) Its on the sidebar on the bottom right of the page at:

http://www.progrockmag.com/

Thanks to everyone who has voted so far, much appreciated. Awesome :) 

Some stuff: I'm doing a solo gig trying out some new material in London on Tuesday:

It's free and opening for CARL VERHEYEN

The band I'm in, The Fierce And The Dead are going on tour, sponsored by Classic Rock Presents Prog, Rock A Rolla and Zvex Effects - here is the full info from the Rock-A-Rolla website:

Expect gnarled Northern experimentalism from Manchester four-piece Trojan Horse and epic swathes of post-riffery with The Fierce And The Dead, while eight-piece Knifeworld, fronted by Cardiacs and Guapo guitarist Kavus Torabi and including members of Chrome Hoof, deliver dense, soaring, kaleidoscopic prog.

Mark these dates down now:

27th October – The Stag & Hounds, Bristol.

28th October – Clwb Ifor Bach, Cardiff.

29th October – The Ruby Lounge, Manchester.

30th October – The Brudenell Social Club, Leeds.

31st October – The 13th Note, Glasgow.

1st November – B2, Norwich.

2nd November – The Lexington, London.

Corporate Greed

UPS make a profit
Ryanair make a profit
D. Scott Davis is well paid
Michael O'Leary is well paid

Why the obsession in bigger and bigger profits at all costs?

Integrity issues, bullying , harrassment, safety issues, why the need to cut all these corners?

More on Ryanair

From the Eye on Spain Forum. Link

What was not so long ago a perfectly great option for flying, even though they do drive you mad, from time to time, is now quite a scary one. With several emergency landings due to lack of fuel, a protest by various pilots who refused to fly due to security issues and there has even been a flight where their own passengers had their blood sucked by a plague of bedbugs. Due to this, the Spanish government is making serious steps to modify the European Union rules for national supervising bodies so they can have more control over airlines that function in their territory.What is this all about? A bout of bad luck? Or are they really dropping their standards and pushing things to the limit?

& from the Mail Online

Link

One of the comments "This is a witch-hunt by people who should know better."

The Pilots & Unions??

& another "Print your own parachute before you board the flight."

A flag and a half

Bang goes the internet for the best part of the week and hey presto 4 flags

Sorry guys but this wins hands down

The flag of the Seychelles was adopted on June 18, 1996. The oblique bands symbolise a dynamic new country moving into the future. The colour blue depicts the sky and the sea that surrounds the Seychelles. Yellow is for the sun which gives light and life, red symbolises the people and their determination to work for the future in unity and love, whilst the white band represents social justice and harmony. The green depicts the land and natural environment.
The original flag was adopted at independence on June 29, 1976. In 1977, when president James Mancham was overthrown by France-Albert René, the old flag was abolished and the red, white and green flag of the Seychelles People's United Party came into use.

Welcome all, whatever your flag

Olympic Values UPS Style

Delete Logistics

Insert Integrity

UPS and not ACAS

Not sure where this came from, but the orange font makes it look like Directgov. I cant find the page though

 

The Grievance Procedure

 

Since October 2004 every employer, no matter how big or small, has to have at the very least the minimum legal procedures in place for dealing with grievances, dismissals and disciplinary action. Importantly, every employee now has a duty to follow the correct procedure if they have a grievance they want to raise.

Failure by either party to comply with the procedures can count against them at a later date with some fairly disastrous consequences.

For example an employee is expected to have written to an employer about the grievance and allowed them 28 days to respond. If they don’t an employment tribunal will not accept their claim. Not following procedure can also result in any compensation a tribunal awards being reduced by up to 50%. An employer who doesn’t follow procedure may find that they have to pay increased compensation or a finding can be made by the tribunal that a failure to follow the correct procedure in full is automatically a case for unfair dismissal.

By law, within two months of starting work an employee should receive written details about their job, such as pay and hours, as well as details of the disciplinary and grievance procedure in place and who should be told if the employee has a grievance.

How to raise a grievance:

If an employee has a problem at work then it is probably always best to try and resolve matters informally first. Employees should try and speak to the appropriate person (usually their line manager) about any concerns they have about their work. If the problem is with that person and it just isn’t appropriate then they should go to the next senior person. Hopefully this should result in the problem being sorted out but if not the employee may need to consider raising a formal grievance. Even though the grievance is only being dealt with on an informal basis at this time the employee should still keep a note of what was said, when, and by whom.

Formal Grievance Procedure:

As stated above the law says that employers must have at least the minimum grievance procedure in place, which is the following three step procedure. Some employers may have more than these three steps but however many there are they must always be included.

Step 1: The Written Statement:

The employee must send their employer a written statement or letter detailing the grievance. The letter should be clear and should contain all grievances listed under separate headings if appropriate. It may also be useful for the employee to suggest a way the problem could be resolved. For an example of an appropriate grievance letter see our employment precedents here.

It is vitally important that the letter is dated in order for the employee to be able to show any tribunal that they have waited the necessary 28 days before making an application. The employee should also always keep a copy of any letter they send.

Step 2: The Meeting:

Upon receipt of the formal letter the employer must arrange an appointment to discuss the grievance. The employer can give themselves some time to investigate the grievance but the meeting should be arranged as soon as possible.

The meeting must be held at a time and place which is suitable for the employee. The employee is allowed to be accompanied to the meeting by someone they work with or a trade union official and so the meeting should be convenient for them as well.

The employee has a duty to attend the meeting. If they don’t then again they may be found at fault for not completing the procedure and penalised by any future tribunal. If for any reason the employee cannot attend then the employer must arrange another. If the employee is unable to attend this second meeting then the employer is under no further duty to arrange another meeting and the procedure is seen to have been complied with fully.

At the meeting the employee should try to stay calm and collected and put forward their grievance best they can. Preparation is really to key to a successful meeting so the employee may like to make some notes before hand on what they are going to say. They should certainly try and take notes of what is said during the meeting and who is attending. When the meeting comes to an end the employer will announce their decision.

The employee has a right to appeal any decision and should use their right to appeal before applying to the employment tribunal. If they do not then again they may find their compensation reduced for failing to comply.

Step Three: The Appeal Meeting:

 If the employee wishes to appeal then they should write to their employer as soon as possible telling them. The employer will then arrange a further meeting, again at a reasonable time and place and again the employee will have a duty to attend.

If one is available a more senior manager should deal with the appeal.

At the end of the meeting the employer will let their decision be known. If the employee is still not happy with the outcome or feels that matter has not been dealt with properly they can consider an application to the employment tribunal.

Grievances of former employees:

Because of the need to follow procedure, if a former employee has an outstanding grievance after they have left the job they should still try and follow the appropriate steps so as to avoid being penalised at any subsequent tribunal. An example of when this would be appropriate is where there is a complaint of constructive dismissal i.e. where an employee resigns because of the way they are treated by an employer.

If the normal three step procedure has not been completed before the employee left and if both employee and employer agree to it in writing a shorter two step procedure can be followed.

In the two step process the employee must put their grievances forward in a letter or written statement and the employer should reply in writing addressing the issues raised.

Importantly the employee must wait 28 days from the date of their letter before issuing a tribunal claim even if the employer replies earlier. (No mention of 3 month limit)

Grievance and disciplinary procedures:

If an employee is subject to disciplinary proceedings and feels that they wish to raise a grievance about it then normally that complaint can be dealt with by the disciplinary process and a separate grievance procedure needn’t be raised.

But if an employee feels that the disciplinary action is unfair or discriminatory then they should write a grievance letter to their employers. If this is done before the disciplinary appeal hearing then the grievance will be deal with within the disciplinary process. If it is raised after the disciplinary appeal hearing then the full grievance procedure must be followed.

An employee will therefore only need to start a grievance over a disciplinary or dismissal matter if:

They are complaining about discrimination;
The disciplinary action/dismissal reason was wholly unrelated to the employer’s stated reason;
They are complaining about constructive dismissal.

More contradiction

Acas grievances - Code of practice

What happens if there is a dispute about rights at work?

If employers and employees have a dispute about any of the rights listed in this leaflet they have the following options:

1. Resolve the dispute. Employees should always try to resolve a problem or dispute with their manager or employer first. This should be through the organisation’s own grievance procedure. An independent third party or mediator can also help resolve disciplinary or grievance issues. Mediation is a voluntary process where the mediator helps two or more people in dispute to attempt to reach an agreement. Any agreement comes from those in dispute, not from the mediator. Both sides can also come to Acas for advice, either from the helpline or a conciliator. Acas also offers conciliation before a claim is made to an employment tribunal (known as Pre-Claim Conciliation). Pre-Claim Conciliation can save time, money and stress and promote a quick solution which suits the employer and employee and helps them avoid a permanent breakdown in their relationship. For more information ring the Acas helpline on 08457 47 47 47 (lines open 8am – 8pm Monday to Friday and 9am – 1pm Saturdays).

2. An employee can make a complaint to an employment tribunalResolve the dispute. Employees should always try to resolve a problem or dispute with their manager or employer first. This should be through the organisation’s own grievance procedure.

An independent third party or mediator can also help resolve disciplinary or grievance issues. Mediation is a voluntary process where the mediator helps two or more people in dispute to attempt to reach an agreement. Any agreement comes from those in dispute, not from the mediator. Both sides can also come to Acas for advice, either from the helpline or a conciliator.

Acas also offers conciliation before a claim is made to an employment tribunal (known as Pre-Claim Conciliation). Pre-Claim Conciliation can save time, money and stress and promote a quick solution which suits the employer and employee and helps them avoid a permanent breakdown in their relationship. For more information ring the Acas helpline on 08457 47 47 47 (lines open 8am – 8pm Monday to Friday and 9am – 1pm Saturdays).

2. An employee can make a complaint to an employment tribunalcomplaint to an employment tribunal if he or she believes an employment right has been denied or infringed. In most cases, people who are treated detrimentally for exercising their rights may also complain to a tribunal. Complaints normally must be made within three months of the date of the alleged infringement – although there are exceptions (follow the links on the Acas website for details). For nearly all types of complaint, once an application is received an Acas conciliator will contact both parties to see if a settlement can be reached before the case reaches a hearing.

A few points from the

ACAS statutory Code of Practice

4. That said, whenever a disciplinary or grievance process is being followed it is important to deal with issues fairly. There are a number of elements to

this:

• Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation

of those decisions.

• Employers should allow an employee to appeal against any formal decision made.

32. Employers should arrange for a formal meeting to be held without unreasonable delay after a grievance is received.

39. Where an employee feels that their grievance has not been satisfactorily resolved they should appeal. They should let their employer know the

grounds for their appeal without unreasonable delay and in writing.

40. Appeals should be heard without unreasonable delay and at a time and place which should be notified to the employee in advance.

43. The outcome of the appeal should be communicated to the employee in writing without unreasonable delay.

7. The absence of an adequate appeal stage.

The right of appeal is fundamental to ensuring natural justice. Employers should give the employee the opportunity to appeal when the outcome of the disciplinary hearing is communicated to him or her. Appeals should be unbiased and not be a "foregone conclusion".

9. Delays in dealing with disciplinary issues.

Most cases should be dealt with in a matter of weeks and unexplained delays in the disciplinary proceedings will always be frowned upon by tribunals. However, more complex or difficult cases (for example, where fraud or a criminal offence is alleged) will inevitably take longer.

Seems a bit toothless

UPS Grievance Procedure

GRIEVANCE PROCEDURE

The grievance procedure is intended as the tool by which a member of staff may formally have a grievance, regarding any condition of their employment, heard by the management of the Company. The aggrieved employee has the right to representation by a Trade Union Representative or a work colleague

In the event of a member of staff wishing to raise a grievance, it is preferable for the grievance to be satisfactorily resolved as close to the individual and their line manager as possible. It is understood however that this is not always possible and that a formal procedure is required to ensure the swift and fair resolution of matters which aggrieve the Company’s employees.

Time scales have been fixed to ensure that grievances are dealt with quickly, however these may be extended if it is agreed upon by both parties.

This procedure is not intended to deal with:

1. Dismissal or disciplinary matters which are dealt with in a separate procedure.

2. Disputes, which are of a collective nature and which are dealt with in a separate procedure.

Stage 1

An employee who has a grievance, should raise the matter with his line manager / supervisor immediately either verbally or in writing. If the matter itself concerns the employees immediate manager, then the grievance should be taken to their superior.

If the manager is unable to resolve the matter at that time then a formal written grievance form should be submitted (see appendix 1). The manager should then respond within 2 working days (i.e. the managers normal working days) to the grievance unless an extended period of time is agreed upon by both parties. The response will give a full written explanation of the mangers decision and who to appeal to if still aggrieved.

Stage 2

In most instances the Company would expect the mangers' decision to be final and for the matter to come to a close. However, in some circumstances the employee may remain aggrieved and can appeal against the decision of the manager concerned.

The appeal, to the manager next in line, must be made within ten working days of the original response to the employees grievance. The appeal must be in writing (see appendix 2) and contain the original formal Grievance form. This manager will attempt to resolve the grievance. A formal response and full explanation will be give in writing, as will the name of the person to whom they can appeal if still aggrieved, within 7 days.

Where the 'next in line' manager at this stage is the Director with responsibility for the employees function, then the grievance should immediately progress to stage 3.

Stage 3

If the employee remains aggrieved there will be a final level of appeal to the Director responsible for the employees function. This appeal must be made in writing (see appendix 3), enclosing a copy of the original Formal Grievance form, to the Director within ten working days of receipt of the Stage 2 response. This Director will arrange and hear the appeal with another management representative and respond formally with a full explanation within 20 working days.

Where a grievance is raised against a Director then the grievance will be heard by the Chief Executive.

There is no further right of appeal. Where however both parties agree that there would be some merit in referring the matter to a third party for advice, conciliation or arbitration, arrangements will then be made to find a mutually acceptable third party.

Using mediation

An independent third party or mediator can sometimes help resolve grievance issues before it is necessary to invoke the formal procedure. Mediation is a voluntary process where the mediator helps two or more people in dispute to attempt to reach an agreement. Any agreement comes from those in dispute, not from the mediator. The mediator is not there to judge, to say one person is right and the other wrong, or to tell those involved in the mediation what they should do. The mediator is in charge of the process of seeking to resolve the problem but not the outcome.

<Company> will seek to identify employees who have been trained and accredited by an external mediation service who can act as internal mediators in addition to their day jobs. When this is not appropriate the Company will source an external mediation provider. Mediators will work individually or in pairs as co-mediators.

There are no hard-and-fast rules for when mediation is appropriate but it can be used:

·         for conflict involving colleagues of a similar job or grade, or between a line manager and their staff

·         at any stage in the conflict as long as any ongoing formal procedures are put in abeyance

·         to rebuild relationships after a formal dispute has been resolved

·         to address a range of issues, including relationship breakdown, personality clashes, communication problems and bullying and harassment.

Mediation is not part of <Company>’s formal grievance procedure. However if both parties agree to mediation, then the grievance procedure can be suspended in an attempt to resolve the grievance through that route. If mediation is not successful, then the grievance procedure can be re-commenced.