TRANSCRIPT SUMMARY FROM THE VISIT IN CITIZEN ADVICE BUREAU
06/02/2008
I am explaining to Marek that I did not understand what it is working registration Scheme
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I am describing to CAB’s Officer our situation at work .I am telling about new contract of employment from 05/02/2008.
I am telling about our Grievance Procedur’s meetings with Julia Leatherland and Trevor North.I am telling about our letter which we sent to Northamptonshire County Council .
I told about our staff book and about document relating to agreement to work more than 48 hours during a week.And about discrimination.I am worried that Alibone will try to d
I visited CAB with Marek Zaniewski.
When officer left room I translated to Marek Zaniewski what was said:
-Oficer is telling all the time that when they dismiss us , but I do not want that they dismissed us I want to be first,that it is not my target to take compensation
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Marek-which compensation?I-because he is speaking all the time that it lasts a couple of months to take compensation from Tribunal after that when they dismiss us,but I do not want them to dismissed us .I want to tell everyone about discrimination about not equal treatment and I said that we would like to go to some office before they dismiss us.I told that I want to go to the press but he tries to stopped us.He is saying about attending more meetings with Julia because it would be better seen before Tribunal but I do not want I told clearly that I do not trust her.
Marek-no
I - and he is sending us to Health and Safety Executive to make complaint against Julia
And that County Council it was not good solution,but it is too late,besides I do not think so because County Council is for every subject.
Marek-Press,media is necessary
I-I know,he said that they can do that
Marek-did you say that another man from that office promissed it for us
I-yes
Marek-and what was his answer
I-he tries to stopped us
Marek-but we can not stop now,not now,there is discrimination and harassment
I -I know and I said to him that compensation it is not our purpose and he was saying about unfair dismissal.What it for if I for several months will be sitting without any income without money for living expences .I will not sitting there (in England) for several months I can not to allow that they dismiss us
Polish interpreter is joining us:
I explained polish interpreter that we wrote grievance procedure that we were complaining about health & safety at work about harmful work condition.We are working in recycling I am sorting rubbish,Marek used to do the same but from April last year he was bob cat operativenow his position is not known.After grievance procedure,regarding to staff book they should give response to us in writing and there should be meeting with company management.They did not do that.I asked for invitation of my union representative but they did not answer us in any way .They took Health & Safety Manager from Oakley Waste Management-this is company for which they sold more than 50%of their shares.So this lady Julia Leatherland which appeared on first meeting is employed by Oakley.On the first meeting she promissed us
Help
Solid investigation
Several next meetings
Meetings with another employees
Explaining of every problem
Polish interpreter
They appeared with interpreter who knows English worse than I know,who was not independent because he was their employee,he tried to influence on us.
She started to make tricks.When I wanted to say something she started to interrupt me,she started to speak louder
Interpretor -this meeting took place
I -yes
Interpreter-How many appoitments there were
Marek-three
I-two appointments,on third meeting ,which was yesterday and which lasted only five minutes and during which I said to Julia Leatherland that I do not trust her .I wrote letter to Northamptonshire County Council-could you read it please,I sent it by email
Interpreter-there was not proper place to send that letter
I-yes since that moment,but in that letter we are complaining about discrimination
Interpreter-yes but it still is not proper institution to send such letter there is another office where you can post such letter
Interpreter-this translator who it was? English?
I-he was Polish,he was working for them,his English was poor
Interpreter-so he was not English?
Marek-but it was not interpreter
I -it was not interpreter it was their employee
Interpreter-translater was a woman or man
I-it was a man
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Intrpreter-This gentelman is saying that all that next meetings which must take place in future
Because you put grievance I do not know Polish word for that
I-I do not know too
Interpreter-because they-company-must do it in proper way ,there must take place appointments,there must be made explanations,because than in Tribunal ,both sides must be treated seriously.They must provide real interpreter for you who will be able to show your matter correctly and it was not given for you
I-yes but they did not give to us opportunity to invite our union representative and there was not any chance to speak about our problems ,when I tried to say something Julia interrupted me,she was speaking louder that my voice was unheareable
Marek - Beata was shouting down
Interpreter-Yes you must agree what will be next during those future meetings
I-and than she sent fax before our yesterday’s meeting.We are sure that somebody from Northamptonshire County Council warned them.In that fax she is saying that she will be present at the meeting with Mr Trevor and translator and she is asking for our Representative but yesterday at the meeting she was alone without anybody
Marek-it is easy somebody let her know,because she obtained this letter which you sent to County Council
I- it is obvious,and in our company they started to tidy everything,people who were operating vehicles without licences started to do them
Marek-it is true
I- when Julia Leatherland was coming to our company during our grievance everything was done in purpose, everything what we raised in our grievance ,every H&S rule was breached deliberately ,that it looked like it is allowed,that it is normal
Marek-but we obtained yesterday…
Interpreter-Whom did you choose for your Representative?
I-He is from our Trade Union we ask for his attendance in our grivance
Interpreter-and he did not appear?He was good,bad?
I-no,he did not,because our company did not give us any chance to invite him.It was only when Julia wanted to come to conclusion in her fax,she asked for our representative.But in our opinion it makes no sense.He was not present during our previous meetings,he does not know what we were speaking about and nothing was explained because Julia did not allow me to speak.Julia read only our grievance letter and that’s it.
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Interpreter translates what officer is saying
Marek-from two and a half of year there is discrimination and harassment in our company ,there is group which keeps power.And we would like to reveal it
Interpreter-and officer sees problem with discrimination
I-I know because is hard to prove it
Interpreter- there is no in that matter,how many people is going in that way?Because if there is 11 employees and for example only 4 out of that 11 is going in that direction,that support you,only 4,you know…
I-yes there is even worse,because when we started to work there ,we are only 4,4 Polish people and everything was OK,no There nothing was OK-because since the beginning those two people wanted bosses to dismissed us and that bosses employed somebody else on our places.Since the beginning we were isolated.They become more accustomed with English people.One of them was playing football,both of them were going together with English people for their common breaks for cigarrete.We were outside.And meantime they started to import their own people from their village,their relatives.We are alone.it is the problem.
Interpreter-so how many of you is going this way
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I-only weMarek-there is group keeping power
I-because we are discriminated by those Polish people and our bosses nothing know…..
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Interpreter-situation looks like that-we are an office which can help in only such things like:advice,information,we can tell you where to go and what to do and nothing else
Marek-we are alone we are fighting there in England for 2 and half of year
Interpreter-I know,there should not look like that.We can help you to go to radio,tv,but situation is that there can not be any interest in that case,of course you try , but you have to know that your story can interested nobody.I support you very much do it if you believe in it , but you must know that there in England nobody can be interested in that what you want to say
Marek-Ok but something like those documents for example
I-one more question
Marek-but we obtained tricky work agreement yesterday
I-Yes I am going to say about that
Marek-this agreement actually is dismissing us
Interpreter-companies here are wise,they have power.they have problem with you.they can change you contract,they can find something in law to excuse why they have to dismiss you and you stay wwithout work.
I-until that moment we had got that contract
Interpreter-there companies can do that they can change a contract, if they have got problems with any employees without diference if you have got contract or not,they can change contract,they can say that there are some changes and everything according to the law,they can change hours of your work ,change there or there without difference
I-yesterday they gave contract ,Yesterday was February,each page has got January 2008,there is our boss’ signature ,but there is no date and than is written that we have got 28 days for signing,if we will not raise any questions at that time contract automatically comes in force.
There is written that we are again in probation but we are working for 2 and a half of year
Interpreter-I have just said that they can do that they can give you another probation and after 3 months they can think out that you were not doing your work correctly.This is discrimination
Marek-They want to dismiss us disciplinary
Interpreter-yes and there is the conflict,you want to accuse them for discrimination but they are protected by law ,they can change you work agreement
Marek-but there is state of law,free state,everyone has got equal rights and there is obvious discrimination
I-There is one matter which I mentioned to Julia.On 3rd October 2007 after 2 years of work came to us boss and gave documents for signing in which we are agreeing for work more than 48hours a week when we had weeks in which we were working even 61 hours and turned out that we did not know that we do not have to do that
Interpreter-I agree with you but I try to show you your situation before you go to Tribunal
Because what I said there are ways in which they will try to defence themselves
I-I know ,and boss put date on which we started our job even if it was 2 years after we started job.
And here in new contracts everything is included ,that we signing that contract we are agreeing for work more than 48hours
Marek-it is lawlessness
Interpreter-you can not agree for that
I -yes but there is written that if I sign this contract I agree for that
But this is against the law
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Interpreter interprets what officer is saying about 48 hours in our contracts.
She said-They could agreed with Trade Union earlier but this is no chance to proove,everyone will be denied.
I -during our grievance Julia,these are here notes,because we were complaining that we are working 47,5 hours when people in England work 37,5 hours-rest there are overtimes,
And Julia scratched out and put 40 hours -this is her handwriting and she changed hour at which we start our work .there is her 8.In this new contract she did it tricky -she put 44 hours that it is our basic but there is no word about breaks and breaks are unpaid so in result we still work the same ,because I say47,5 hours including breaks so 3,5 are breaks 47,5-3,5 so everything is the same
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Interpreter-she explaines how to contact H&S Executive
I -can I send fex from that office by fax
Interpreter-there is no fax in that office
I -but H&S has got nathing common with discrimination so where can I go
Interpreter-gives phone number to journalist
Marek-They did tricky with this contract ,regarding to old contract we must inform office that we are not going to work before 8am,Beata was trying to call them today but nobody answered to phone. Regarding to new contract we have got time untill 10.00 am about our absence,so if we called after 8 so we would do it in accordance to new contract.I have never seen such tricky contract
Interpreter-so what have you decided with your new contracts
I-we can not sign that because it is ….
I- but we have not got date of obtaining this new work agreement
Marek-28 days can pass even tommorrow ,on pages is January but we obtained it yesterday
Interpreter-it depends what was discussed between your company and Trade Union
At that moment we can not say you what will happen next .it is subject to present in Tribunal that you obtained it on 5th February and that there is no date ,we can not say what next it is difficult to show exact date
I-I have got question,how to contact Tribunal
Interpreter translates-you can go only to tribunal only when they dismiss you not earlier
I-can we go to Tribunal before that if we have feeling of fear that they dismiss us
Interpreter-You feel menace but they have not dismissed you yet
Officer-tribunals only deal largely with dismissal
Marek-this new contract is dismissing us in itself
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Interpreter- you must prepare yourselves that it can happen ,that if you go to press they can dismiss you,for some period of time you can be out of work,Tribunal can order them to employ you again,
Marek-but they want to throw out from England
Interpreter-No they can not throw you out of England
I-but if they give us very bad references , we do not find another job,
Interpreter-they can not throw out of England
I-but financial situation forces us to departure,if we will not have money for living expences we will have to leave England
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Marek-but it must be lawyer who wants to win,who will be interested in situation of Polish people,we have already been at some lowyers,but they did not want to involve themselves in that case
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All our conversation was translated to officer by interpreter,all the time officer knew exactly what we were talking about.
Officer deliberately cheated us,when he said that tribunals do not deal with discrimination.
Several days later we found in internet everything about Tribunals.
We sent our claims to ET under discrimination,but we have not received that information from CAB-bureau which should serve information and advice.
Contact -phone number to journalist turned out useless. Nick Lawrence did not want to speak with us.