HELP!!

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WELL just as i thought things had got better d/h walks out on his job :o it started off with him having a question to his superviser about a uniform he should have recieved when he started and still hasnt got she informed him that he wasnt there when they where measured up for them,anyway he asked a fellow worker when this was and found out these measurements where taken at a dinner break when he was out to get food,so he said to this bloke how the f**k was i suppose to get measured for it then,anyway his superviser over heard and asked him what the problem was and he said nothing then she replied,its only a pair of f*****G trousers and a top, he said have you seen what its doing to my "swear word" clothes so she told him to get in the office,anyways whilst in there she started to write down things for his disiplinary(spelling), she said that he had disrupted the work place with his language he said he didnt n she said she will find witnesses"her witnesses",she said that he was the shitiest worker they evr had well he said you may as well sack me then,no she said im going to make your life hell and make it that u have to hand in your notice,she also said that she has changed his job title and have him doing whatever she wanted,she said also that if he ever has a day off ill she wants a sick note for it anyway in the end he just walked out, he never said he quit nor did she sack him but he really doesnt want to go back,also to note even though he is full time he still has yet to be given a contract to sign,when he returned home he phoned acas and asked about constructive dismisal they told him no can do as he hasnt worked there a year so thats out of the question, dont believe he will be able to sign on whilst he looks for employment as he hasnt been sacked, all im gonna get now is £93 p.w child tax to support all the 5 of us on, i dont know what to do, going to ring cab tomorrow to c if they can help but the problem with the work is its his word against hers and she's more popular having been there longer,does n e 1 know if he will be entitled to anything while he seeks work? this had to happen this close to christmas >:(
Sairz xx
:AEleventh Heaven No.3 :A
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  • Sarahsaver
    Sarahsaver Posts: 8,390 Forumite
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    [glow=red,2,300]*HUGS*[/glow]
    dunno what else to say at the moment, im going through the mill a bit at the moment too.
    People on here will help you through. :-*
    Member no.1 of the 'I'm not in a clique' group :rotfl:
    I have done reading too!
    To avoid all evil, to do good,
    to purify the mind- that is the
    teaching of the Buddhas.
  • Spendless
    Spendless Posts: 24,174 Forumite
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    Hi Sariz

    what about you looking for a job - temp xmas one perhaps, i think you'd have to be on a contract for 16 hours to get WTC but you'd probably be better off than neither of you working :-/
    i know you're in Sheffield (cos you're near me i'm in Doncaster) there were loads of ads in meadowhall few weeks ago asking for temp xmas staff - or maybe other half could look into this instead. :-/

    good luck :-*
  • sairz
    sairz Posts: 484 Forumite
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    well he is going to take a visit to the job center plus thursday night is job night so he gonna look through paper,my main worry is christmas i thought this year we was going to have a good struggle free christmas for once but this has kinda put things on hold now :'(, hopefully he will get somewhere else but i dont think his ex employer will give him reference so might go against him i just dont know
    Sairz xx
    :AEleventh Heaven No.3 :A
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  • Spendless
    Spendless Posts: 24,174 Forumite
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    can't think of anything else on job front but re xmas have you looked at the virtually free stocking fillers on the shop don't drop board for some pressie ideas for your kids?
  • Fran
    Fran Posts: 11,281 Forumite
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    Sairz,

    Have a look at the ACAS website, which also has links to further info.

    There are issues he needs to ask CAB about:

    1) No contract
    2) Disciplinary procedures
    3) Minimum notice
    4) Constructive dismissal - though he hasn't left or been given notice at the moment.

    He needs to get it clear whether he is leaving or get them to sack him officially. Is there someone more senior than the ones he has dealt with already that he can speak to? He needs to get this all in writing - he should write down what happened and send to the employer recorded delivery (or deliver personally) all his concerns.

    He needs to get a copy of the contract off them, this should state the terms and conditions of employment including disciplinary procedures.

    Is there any way he would continue at work if possible? If so he needs to get this sorted out as soon as possible. Even though he might be seen to be behaving unreasonably with swearing, the employers haven't behaved reasonably either.

    If he is going to leave, he should put his notice in writing (one week's notice? - this depends on contract).

    If he's leaving, it's important he has as strong a case as possible because of the sanctions that the DWP can use. The decision on the length of time he is sanctioned will depend on the circumstances.

    I think that the employer has to give a reference, the minimum being something like the fact that he worked there from a to b, I don't think they are allowed to give a bad reference - this needs checking too.

    Just a thought - if swearing is the norm at his workplace then he wasn't acting out of ordinary practice.

    He needs to sort out whether he has left and get down and sign on if he has (taking into account the week's notice) as his claim for benefit will be from when he first contacts DWP.

    He should check his wages when received to make sure they include the week's notice.
    Torgwen.......... :) ...........
  • TaBunny
    TaBunny Posts: 1,831 Forumite
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    Good luck Sairz
    :p
  • sairz
    sairz Posts: 484 Forumite
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    update , after a visit to cab today they he has explained the situation they went through everything he told them about how he had left his previous 9 year job after his doctor advised him to due to stress she told him to try and work somewhere else as this might be the problem anyway after taking his doctors advice and ending up in an even worse job that has made the situation worse, so cab have told him to make an appointment with the doc and she should sign him on sick and hopefully then he will be able to claim incapacity benefit, we will see he has an appointment with docs tomorrow morning and then he's of to job center
    Sairz xx
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  • Fran
    Fran Posts: 11,281 Forumite
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    Hope he gets IB Sairz, make sure he makes situation clear to the employer and DWP though (as in my previous post). Good Luck! :)
    Torgwen.......... :) ...........
  • rushnowt
    rushnowt Posts: 24,749 Forumite
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    just wanted to add my best wishes Sairz, and hope you get everything sorted quickly, love and hugs to you all, and keep your chin up. :-* :-*
    Nobody can make you feel inferior, without your permission ;)

    Love doesn't make the world go round, it's what makes the ride worthwhile

    ya still freezing :p




  • dag_2
    dag_2 Posts: 793 Forumite
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    dont believe he will be able to sign on whilst he looks for employment as he hasnt been sacked
    I'd say, never assume a sanction. If he's available for work, put the claim in anyway. I know the process is a pain in the butt, and it might seem pointless if you think you won't get any money out of it - but it's not.

    How long was he in the job? How long was he unemployed before he started it? He might get away without sanction under the "Employment on Trial" rules.
    he told them about how he had left his previous 9 year job after his doctor advised him to due to stress she told him to try and work somewhere else as this might be the problem anyway after taking his doctors advice and ending up in an even worse job that has made the situation worse
    Ah. If your doctor thinks you're too stressed out to hack your current job - then they should give you a sick note. It's called the "Own Occupancy Test". They shouldn't expect you to get a job elsewhere until you've been off sick for at least 28 weeks - because that's the way that the sickness benefit system works.

    There's a possibility that you might be able to make a claim for "clinical negligence" against your doctor, for giving misguided advice that caused even more stress - though I don't want to raise your hopes. Pre-action protocols exist for clinical negligence claims, and your best bet is to speak to a CLS-funded solicitor that specialises in personal injury.
    so cab have told him to make an appointment with the doc and she should sign him on sick and hopefully then he will be able to claim incapacity benefit
    Indeed - since he hasn't been sacked or officially left, he might even be able to get Statutory Sick Pay from his most recent employer. This will be slightly more money than Incapacity Benefit.
    I think that the employer has to give a reference, the minimum being something like the fact that he worked there from a to b, I don't think they are allowed to give a bad reference - this needs checking too.
    Not sure about that. I was blown out from temping for Reed Employment Agency within the past few years, on the grounds that I apparently had a bad reference. I asked for more information about this reference, but they said they couldn't provide it for "confidentiality reasons". Perhaps they were bluffing. I hate to sound patronising, but references are less of a problem if you've been doing voluntary work or evening classes.

    In my experience, I find that working for big institutions and multi-national companies is generally better than working for small businesses. That's because small businesses tend to take a conservative attitude. They think they're God's gift to the community, and consider themselves charitable for having given you the job in the first place. You tend not to get this problem with bigger businesses. Big employers give you better job security, better career prospects, better social life, better union representation, and better staff discounts at local stores.

    Most of the jobs advertised in the Jobcentre and the local paper will be with small businesses. You can get jobs in big companies by applying to them directly - which is why they don't need to advertise in the paper or at the jobcentre.
    :p
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