2 week update - How is this right?!

[u/Limp-Stretch-1327]

Hey everyone, thank you for the help you've all provided so far. I have recieved the notes and they clearly state, reinstated, no further investigation. This now proves what Asda has done (based on what Acas have said) is illegal and they cannot just change their minds. I'm 18, i financially couldn't manage paying for the things I had to pay for and as we know getting a job isn't easy. I was told I would get backpay and then poof, gone. I need your help in contacting Head Office. HR aren't providing help nor are whistleblowing. Please let me know if you can help in any way. How can this be right.

[u/One-Lingonberry-3460]

Contact Whistleblower line again. Ask for the name if whoever is refusing to help so you can file a Grievance. Legally they have to investigate, not simply fob you off.

[u/PhotoSea8807 → u/One-Lingonberry-3460]

Legally they don’t “have” to investigate, they should , however nobody is forcing them to actually do it, but that opens them up to potential Tribunal Claims, whether that persons then takes things down that route Asda probably know that a large portion won’t, hence they act the way they do.

The reason I say legally they don’t have to is because nobody makes them legally do a grievance, it just means a claim through the tribunal can be made and then the tribunal can determine based on the legal testing of the case.

If more people held Asda to account by taking them to tribunal then they would buck their ideas up and actually conduct themselves in the way they should outlined in the Acas code of conduct for Diciplinaries, Investigations and Grievances,

No company has to actually follow this, but it means it could then be liable at a tribunal if they don’t follow it, and can be penalised by having to pay up to 25% uplift for not following the guidance.

[u/One-Lingonberry-3460 → u/PhotoSea8807]

That's more accurate. Never looks good if they refuse....

I'm currently doing a Grievance because the Disciplinary Mgr claimed I cannot speak as Colleague Rep. And she several times told the Notetaker not to write things down. I stated "if you tell him to do that again I'll file a Grievance"

It's not as if she didn't know.....

I follow up on my promises where possible.

[u/PhotoSea8807 → u/One-Lingonberry-3460]

You did the right thing for sure with what you said, the Disciplinary Manager asking the note taker not to write things down is fishy at best, and potentially goes against a fair process.

[u/One-Lingonberry-3460 → u/PhotoSea8807]

Indeed so. You should have seen her face! Especially when I smiled at her.....

[u/Ok_Individual1766]

What happend

[u/PhotoSea8807 → u/Ok_Individual1766]

It doesn’t matter what happened they were specifically asking for advice about how to contact HR [ER] not for Reddit to adjudicate on their case itself.

[u/PhotoSea8807 → u/PhotoSea8807]

They asked for this-

I need your help in contacting Head Office. HR aren't providing help nor are whistleblowing. Please let me know if you can help in any way.

Why don’t people on Reddit actually read peoples posts and what they ask for rather than ignore what was asked completely-

How does context help when they asked for a very specific thing relating to HR [ER]

I find this all the time with Reddit, someone asks something and people don’t even understand what’s being asked because they don’t read it properly.

[u/Ok_Individual1766 → u/PhotoSea8807]

God, how about u take the stick out ur backside, not sure if uv realised but the app is basically just for people’s opinions. am not fussed weather I get a response or not, was just wondering what Asdas doing illegal that’s all as there’s so many other things.

[u/Ok_Individual1766 → u/PhotoSea8807]

Go cry to urself not to us.

[u/PhotoSea8807 → u/Ok_Individual1766]

Nope I’ll call out what I want when I want on here with people who don’t even read or understand what’s even being asked, and I’ll continue doing so. Cheers

[u/Reasonable_Swan_4937 → u/Ok_Individual1766]

Yes context is key here

[u/Limp-Stretch-1327 → u/Reasonable_Swan_4937]

look at my previous posts

[u/Limp-Stretch-1327 → u/Ok_Individual1766]

check my previous posts on the matter

[u/OtherwiseCellist3819 → u/Limp-Stretch-1327]

We can't. You've got your profile locked

[u/Lawsy96 → u/OtherwiseCellist3819]

Yeah, your other posts are not viewable.

[u/Ok-Data6075]

I wish you luck. You must be feeling so stressed and I hope you have support around you ❤️

[u/PhotoSea8807]

Whistleblower is part of HR and was formally Ethics, so if they fail you Then you need to start your Acas Early Conciliation Case, after 12 weeks if you havnt resolved it with Acas involvement they will give you a certificate to go onto the Employment Tribunal.

There are strict time limits so start your Acas case right away, you fill it in online on their website, even if Asda engage with you they may run down the clock, and may not resolve it, then you won’t be able to file a tribunal case at all as you will be out of time. So don’t delay on that.

Once you file your Acas Case they will contact Asda and then you have an opening through Acas to discuss everything.

So try whistleblower again and say this is the second time contacting you, and state that you are starting an Acas Case because of what has happened but you would prefer Asda to quickly reach out to resolve it.

Good luck.

[u/legacylibrary → u/PhotoSea8807]

It is always good form to file a greivence with asda (try using the tell alan email address if no one else will listen) along with your acas EC process

[u/OtherwiseCellist3819]

HR will only speak to management nevermind ex employees. I understand your frustration but do you want to work for a company that's full of this much incompetence?!

[u/Limp-Stretch-1327]

Here is the context from the 2 posts -

I had an appeal meeting in early September. In this appeal I stated my case, the notes had been revised and the appeal officer chose to reinstate me. He told 2 managers, me and obviously the note taker was in the room when he said it. it is now nearly the end of September and I’ve just had a letter saying he’s changed his mind. I asked why? and he said he read through company policy again. Was he allowed to make a decision like this after waiting 3 weeks for an outcome letter? I don’t even have the outcome letter or the notes. What do you think?

I have now spent hours jumping from call to call trying to figure out what’s going on. I have no access to the notes to the meeting where it should say when he stated I have been reinstated. on what grounds is he on the change his mind? this manager now has “gone on holiday” and apparently no other manager nor ER/HR can send me these notes. I’ve only been working in Asda for a year and 9 months, I understand I am not in the grounds for unfair dismissal but I am in the are of wrongful dismissal. I do not understand why they are withholding the notes, changed their minds on the appeal and not giving me any answers on why. I’m only 18, its not easy to get a job these days and I needed that job to pay for the stuff that’s important. one moment the appeal manager is on my side the next he hangs up on me over call. I’m stuck on what to do and I will not let Asda walk all over me like they have since I started there.

[u/legacylibrary → u/Limp-Stretch-1327]

Have you filed you GDPR data access request with asda house as suggested in the other post then reported non complinace to the ICO.
Phone calls have no paper trail. They never happened and it is your word vs asda.