ReZourceman Posted July 6, 2008 Posted July 6, 2008 (Short story) Filmed work quiz night, put on YouTube, was called to take it down, thus realised it was a bad idea posting my company in connection with inappropriate and rude actions, was given a disciplinary and the result of that was no bonus or pay rise within 1 year. (Only just had it so effectively means two years) I have the right to appeal within 14 days, and so here we are. If anyone can help or think of anything that needs changing on this, Id appreciate that. Its somewhat important. (Well kinda....maybe I need to get out of this job anyway, but at least winning this appeal keeps my options open) Version 2 5th July 2008 Dear Sirs, I am writing with reference to my recent disciplinary notice. Based on this I would like to appeal the following decision to take such actions against myself. Firstly I would like to apologise for my inconsiderate and foolish actions that led to this disciplinary,and I take full responsibility for adding inappropriate material to the internet site, having read the terms and conditions of the HBOS policy I now fully understand this. I would like to highlight that my actions were not intended with any form of mallice. I take pride in being a valued member of HBOS staff and I am consistently meeting my targets. When I was first made aware that I needed to take the video clip down, I understood the implifications it could have, and that it was naive of me to submit the clip to the internet. I took the video down immediately when I was informed, and was more than willing to co- operate with anything in relation to this. Although I do not condone any of the behaviours displayed that evening, the clip was named purely on face value and there was no intent to HBOS' reputation. When I was informed that I would not be eligible for a pay rise, or bonus within the next year I felt quite devastated in that all my hard work and achievements within my core job role would effectively not count for anything within the near future. In 2007 I performed well during the year, but began to consistently achieve, and exceed targets towards the last quarter of the year, and with my performance staying above these targets, through to the current time, my most recent pay rise and bonus were somewhat disapointing and did not reflect entirely my current performance. Having only just received this pay rise and bonus within the last few months, this will mean that I would not be due any kind of bonus for almost two years. The thought of beingfinancially punished during the current climate causes me a great deal of stress, with my personal life and long term plans being severly disrupted by this. I fear that this could impact my role, and motivation, although I am still very much commited to this job, and I take pride in performing to the best of my abilities. Once again I sincerely apologise for my actions, I do understand that what I did was wrong, and nothing at all like this would happen again. I do respect any final decision made. Yours faithfully Michael Jamieson Customer Services Representative
Raining_again Posted July 6, 2008 Posted July 6, 2008 hilight = highlight, other than that seems pretty good. Good luck with your appeal rez
nightwolf Posted July 6, 2008 Posted July 6, 2008 It sounds to me like you've made a good case espcially about how it will short cut with having financial problems within the country. What worries me more than anything is that they believe that by cutting your money (well payrise) you are going to stop doing anything again like that, whilst it may be true, it could have turned the other way and been a reason for you to leave, or at the very least cut your performance. Strange company, but again it seems like a good case and for now I can't think of anything else that may help you.
chrizkerr2 Posted July 6, 2008 Posted July 6, 2008 Just a helpful tip, "I before E except after C". Achievements and Achieve spelt wrong
ReZourceman Posted July 6, 2008 Author Posted July 6, 2008 Cheers guys. Guess I forgot to spellcheck.... ...(Does Wordpad have spellcheck?)
Ashley Posted July 6, 2008 Posted July 6, 2008 Not to sound negative and all that but appeals never really work. These are 'suits'. They like to throw around power and once their decision is made they won't change it. Chances are they'd see it as you thinking they're too stupid to think for themselves and you're saying "you're wrong!". I do wish you all the best with it though, prove me wrong
ReZourceman Posted July 6, 2008 Author Posted July 6, 2008 Not to sound negative and all that but appeals never really work. These are 'suits'. They like to throw around power and once their decision is made they won't change it. Chances are they'd see it as you thinking they're too stupid to think for themselves and you're saying "you're wrong!". I do wish you all the best with it though, prove me wrong Its cool. In all honesty it would do my life a favour if they didnt change their decision, and give me an easy excuse to continue this not-enjoyable job if they do. I spose' all jobs are fucking shit though...well considering I have no degree etc.
Wesley Posted July 6, 2008 Posted July 6, 2008 I suppose you could pull some legal shit. You sure that in your contract it states that pay may be affected by a warning? Seems really, really weird.
tapedeck Posted July 6, 2008 Posted July 6, 2008 As Wes says, contract rules all. If it DOESN'T say anywhere in your contract that you cannot post videos or do anything similar OUTSIDE of work then they cannot charge you with this. They are making an example out of you (pure and simple) and not giving you benefits etc is unfair and singling you out. Which is terrible practice in reality. I would say a warning is justified. Anything else is treating you unfairly and an appeal IS right. You need to carefully look at your contract and outline what you did against anything in your contract. If there's nothing in your contract they are in the wrong. They will always try to get out of this but contracts SHOULD be black and white. No grey areas. If you don't have a contract you are entitled to request one or (even better,) if you've never had one, you're LEGALLY free to do what you want. (Within Health and Safety regulations obviously.) EDIT: The appeal letter is fine. I would say that your 'long term plans' bit is slightly personal but I guess with the issue being a sensitive one, it's fine to push that "humanistic" button a little.
Raining_again Posted July 6, 2008 Posted July 6, 2008 As Wes says, contract rules all. If it DOESN'T say anywhere in your contract that you cannot post videos or do anything similar OUTSIDE of work then they cannot charge you with this. They are making an example out of you (pure and simple) and not giving you benefits etc is unfair and singling you out. Which is terrible practice in reality. I would say a warning is justified. Anything else is treating you unfairly and an appeal IS right. You need to carefully look at your contract and outline what you did against anything in your contract. If there's nothing in your contract they are in the wrong. They will always try to get out of this but contracts SHOULD be black and white. No grey areas. If you don't have a contract you are entitled to request one or (even better,) if you've never had one, you're LEGALLY free to do what you want. (Within Health and Safety regulations obviously.) You can say all you want about contracts, but the problem is they will twist contracts to how THEY see fit. They'll make it work for them. Big companies have lots of expensive lawyers to fix things.
LegoMan1031 Posted July 6, 2008 Posted July 6, 2008 What tapedeck said. They prob wont be happy if you bring ur contract into it (depending what it says obviously) but they legally they have to go by what it says (or doesn't say as they case may be) Fight fire with fire n all that.
tapedeck Posted July 6, 2008 Posted July 6, 2008 You can say all you want about contracts, but the problem is they will twist contracts to how THEY see fit. They'll make it work for them. Big companies have lots of expensive lawyers to fix things. Of course they have lawyers but they never want it to get that far. Publicity is king and by giving them bad publicity you can pretty much wipe their petty threats. Put it this way: You made a mistake. No-one was harmed. You apologised. You're a hard worker. You consistantly meet/exceed targets. You've given a lot to them. You put a video online of a night out. You made a mistake. They take away your working rights. They take away your bonus' which you have constantly worked hard for. You then might as well not work hard. They are practically forcing your hand. That is terrible working practice. You have every right to fight this. If they dont accept your appeal say you will go to the local papers. It may not seem like the easiest thing to do but trust me (from sheer shit experiences) it works. And it works fast. Rant.... The reason most people get walked over by big companies is because they are scared. Scared that they will be powerless and humiliated and loes their jobs. If you want to live in fear of "suits" fine. Let your life be run by a big company to pay your bills. There's little people power left in this world as it is. Remember: You work to live, not live to work.
D-Day Posted July 6, 2008 Posted July 6, 2008 What tapedeck said. They prob wont be happy if you bring ur contract into it (depending what it says obviously) but they legally they have to go by what it says (or doesn't say as they case may be) Fight fire with fire n all that. So very true, it is afterall the written agreement that BOTH sides have to abide by, but as Raining again said, they will twist it to how they see fit. I think the letter is great (apart from the grammatical points others have already highlighted) and I wish you the best of luck with it. Fight the System!!
Tellyn Posted July 6, 2008 Posted July 6, 2008 Just a few errors that I can see. Mallice - only has one 'l' (Malice) Implifications - Implications You'll need to put a space between 'being' and 'financially' Severly - Severely Good luck on your appeal ReZ.
Supercube Posted July 6, 2008 Posted July 6, 2008 Just a few errors that I can see. Mallice - only has one 'l' (Malice) Implifications - Implications You'll need to put a space between 'being' and 'financially' Severly - Severely Good luck on your appeal ReZ. Had to laugh at the second one there...taking lessons from GW Bush methinks! Just one more that I spotted, which is "committed" which has two t's. All the best with this, you have certainly shown the desired degree of humility, which always goes down well.
ReZourceman Posted July 6, 2008 Author Posted July 6, 2008 Thanks again boyz and girlz, your help is appreciated a lot!
EEVILMURRAY Posted July 6, 2008 Posted July 6, 2008 I agree with tapedeck. Stuff done outside work shouldn't really have much of an effect in work. Yes they normally get people to quit to save face in extreme situations, but what they've done in your case is bullshit. I recommend you consult a T&G rep.
daftada Posted July 7, 2008 Posted July 7, 2008 I agree with tapedeck. Stuff done outside work shouldn't really have much of an effect in work. Yes they normally get people to quit to save face in extreme situations, but what they've done in your case is bullshit. I recommend you consult a T&G rep. Unfortunately all companies have a 'corporate responsibility' rule that means your conduct outside of work can affect your employment even if it doesn't directly affect your day-to-day stuff. I'd recommend speaking to someone over on the consumer action group forums, they may be able to help.
ReZourceman Posted July 7, 2008 Author Posted July 7, 2008 Kay, its all handed in now. We'll see what happens eh.
The fish Posted July 7, 2008 Posted July 7, 2008 Kay, its all handed in now. We'll see what happens eh. "...and he was never seem again..." Possible ramifications aside, good luck!
Esequiel Posted July 7, 2008 Posted July 7, 2008 Same as what they said. If it does not say in your contract that you cannot post OUT OF WORK HOURS activities on the internet then there is fuck all they can do about it. Phone up the sun and sell them the video
Kirkatronics Posted July 7, 2008 Posted July 7, 2008 Good luck appealing Rez @Everyone: The thing you keep bringing up about if it doesn't mention it in his contract, it wont mention specifics but it will say something about harming the companies image.He realised he did something wrong and is apologizing for it (although i don't think he did such a bad thing).
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