Reinstated employee but job has been filled by a new person.

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  • studentphil
    studentphil Posts: 37,640 Forumite
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    dmg24 wrote: »
    Limited, but certainly not zero. On what grounds could a person still claim for unfair/ constructive dismissal in the first year of employment?

    If you are still online by 9pm, I want an answer! :p

    (BTW I know the answer, I'm not asking the question to anyone in general, it is Phil's task for the day!)
    Discrimination for gender, disability, race, pregnancy
    :beer:
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
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    Discrimination for gender, disability, race, pregnancy

    Good. And what else?
  • studentphil
    studentphil Posts: 37,640 Forumite
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    Good. And what else?

    age, homosexual, religion
    :beer:
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
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    age, homosexual, religion

    Better. And what else?
  • studentphil
    studentphil Posts: 37,640 Forumite
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    Better. And what else?

    I don't know.
    :beer:
  • studentphil
    studentphil Posts: 37,640 Forumite
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    I have found lawful trade union activities as well.
    :beer:
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
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    I have found lawful trade union activities as well.

    You are building quite a list there. And?
  • studentphil
    studentphil Posts: 37,640 Forumite
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    You are building quite a list there. And?

    For asserting basic rights like paternity leave or minimum wage.
    :beer:
  • Horace
    Horace Posts: 14,426 Forumite
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    studentphil - talking hypothetically from one who knows - that if an employer chooses to get rid of you for any reason they can, you have to appeal against that disimissal/redundancy or whatever, you go through the procedures that your employer sets down and in the meantime apply to the employment tribunal (because you don't want to run out of time) . Then the negotations start between their lawyer and your lawyer (hypothetically, this could be your union) and then to avoid bad publicity the employer decides to pay you off with a decent amount of money - then you take the money and go away, you don't tell anybody other than close friends and family the amount of money the employer has decided to give you to make you go away then you get on with your life and work for yourself or a different employer who will treat you better than the last one.
  • studentphil
    studentphil Posts: 37,640 Forumite
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    Horace wrote: »
    studentphil - talking hypothetically from one who knows - that if an employer chooses to get rid of you for any reason they can, you have to appeal against that disimissal/redundancy or whatever, you go through the procedures that your employer sets down and in the meantime apply to the employment tribunal (because you don't want to run out of time) . Then the negotations start between their lawyer and your lawyer (hypothetically, this could be your union) and then to avoid bad publicity the employer decides to pay you off with a decent amount of money - then you take the money and go away, you don't tell anybody other than close friends and family the amount of money the employer has decided to give you to make you go away then you get on with your life and work for yourself or a different employer who will treat you better than the last one.

    It seems a lot of stress for just wanting to be happy at work if you ask me
    :beer:
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