Unfair Dismissal Advice

ohreally

Debt_Free_Chick wrote: »

There is normally a term that prohibits you from undertaking any other work

Known as a restrictive covenant, they're often difficult to enforce.

Zazen999 wrote: »

There isn't a contract...

It would appear there is.

LittleVoice

There is a contract - but possibly not in writing.

Without seeing all the documentation which may have been issued, we do not know what may have been included. (Let's remember that people often think they don't have a written contract because they have not signed a piece of paper, nor received a signed one - but they have been given written particulars.)

Debt_Free_Chick

ohreally wrote: »

Known as a restrictive covenant, they're often difficult to enforce.

Only the ones that apply after your contract with the current employer ends. But this is concurrent employment i.e. doing two jobs at the same time. These clauses are generally worded differently along the lines of "you won't do other paid work without our permission".

It's there to ensure that you have sufficient time, energy and attention for the current job in addition to avoiding working for a competitor.

It's not an unreasonable clause, IMHO and more often than not, permission is given. Whether it would have been in this case is debatable - but it's difficult to be objective after the event.

Confusedconsumer_2

There is a contract. Both parties have agreed terms and accepted them. Hours of employment and wages. You have statutory employment rights.

Visit your local citizens advice bureau, find them in the phone book or google it.

See www.adviceguide.org.uk

Zazen999

I agree there is a contract, but not one that she can read - and I was quite obviously responding to this post...as I quoted it...

Debt_Free_Chick wrote: »

You need to read her contract very carefully. There is normally a term that prohibits you from undertaking any other work - even if you only work part time.

It does sound rather harsh, though and there's a procedure to be followed, unless her working somewhere else is included as gross misconduct in her contract.

Read the contract - every word, at least twice!

jobbingmusician

This dismissal seems to me to be automatically unfair, in that the employer has not demonstrated that they have followed any recognised disciplinary procedure.

See http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Disciplinaryprocedures/DG_10028113 for details of what they SHOULD have done!

I suggest that she raises a grievance against this sacking. Head the letter 'grievance' and send it to a more senior manager, explaining that she is complaining that she has been told that she has been sacked, without any disciplinary hearing or chance to understand fully the case against her. Give a date by which she expects a reply. Keep a copy - it will be useful at tribunal - and let us know what they do next.

mosdee

Hello everyone,
I would like to apologise for jumping on this thread. I cannot workout how to start a new thread. So Wall please don't get mad at me.

I'm in a similar situation just as Wall's girlfriend. I was dismissed a few weeks ago on grounds of gross misconduct. I was suspended for a period of nearly 2months then dismissed.

I can not provide much details for obvious reasons.

I made a claim to the tribunal for unfair dismissal. My application was accepted. I do not have any money to get a representative. So I'm preparing to represent my self.

Could some one please offer some advice on how the whole procedure will be? Your help will be much appreciated.

Horace

mosdee wrote: »

Hello everyone,
I would like to apologise for jumping on this thread. I cannot workout how to start a new thread. So Wall please don't get mad at me.

I'm in a similar situation just as Wall's girlfriend. I was dismissed a few weeks ago on grounds of gross misconduct. I was suspended for a period of nearly 2months then dismissed.

I can not provide much details for obvious reasons.

I made a claim to the tribunal for unfair dismissal. My application was accepted. I do not have any money to get a representative. So I'm preparing to represent my self.

Could some one please offer some advice on how the whole procedure will be? Your help will be much appreciated.

When you first come into the employment forum at the very top it says New Thread, this is where you create a thread.

Are you in a union? If so, ask the union to represent you at the tribunal. Depending on where you are in the country, the employment tribunal may offer you some mediation to see whether or not the situation can be resolved without going to a full tribunal. Thankfully, I have never been to a tribunal because I took an out of court settlement, so I am unable to give you some advice as to what happens when and how etc.

Debt_Free_Chick

It's difficult for us to be specific with no details of the nature of the claim and the circumstances.

But if you just want to know what the procedure is, you should find what you need on the Employment Tribunals Website

Click on the bit in bold above

HTH

jobbingmusician

Also visit this site and you will get a booklet on tribunals and a cheque for £25 if you have a tribunal claim number!

http://www.employmenttribunalinfo.org/?gclid=CPXjw9PYvpgCFQtdQgodvVChaA

This appears to be a legit site - possibly govt funded research site? - and at the time I raised my tribunal, they were offering £50 which I got. THIS IS NOT A REFERRAL - i.e. I gain nothing from this.

PS I did raise a tribunal and represent myself*, so if you open a new thread I will happily respond. Please don't PM me about it (yet) though as I would like any advice I give (and I am just a private individual, not a lawyer) to be available to the whole board, not just one person.

*and I won.