Unfair dismissal. Need help and advice.

mrs_pickle_2

to bring a claim for unfair dismissal you must have 1 years service. it appears your employer will get away with this. however, discrimination claims do not require prerequisite service so perhaps you can get him from this angle....the law sucks!

requiring you to pay excess by witholding wages is another matter-this you can pursue.

snuggle69

You cant claim unfair dismissal but you do have a case for unlawful deduction from wages.

maninthestreet

That ford appears to be about 30cm deep, which is 12 inches. I certainly would not attempt to drive through it in car, and probably not with a van either.

olly300

Go and see an employment lawyer you may have claims for wrongful dismissal (this is different from unfair dismissal), breach of contract and unlawful deduction from wages.

johncmcloy

That van on the picture is no more than a car in terms of ground clearance etc. and theres no way a car would come out of foot deep water unaffected. That said, during the floods of...was it last year or year before, my girlfriend and I drove through water that came above the bottom door sil, in a 1998 nissan micra and it came out without a slight judder. I cant imagine the engine would be that badly affected though, if it got through to the otherside of the ford without breaking down, it would just need some time to dry out properly. I've driven through a ford showing off at about 40-45mph and the engine dried out in 3-4 hours with the bonnet raised into sunshine.

Don't know about your employment situation, you took the risk through the ford, it doesnt matter what your boss told you to do, you could have turned around or found alternative route and phoned ahead to the customer to explain the situation. If he had a problem with that you could just say you feared for the van, there's nothing he can do then. All our brains switch off sometimes.

Burny_Sweetwater_Glasgow

Under one year service you cannot go to tribunal unless its a case of discrimination and maybe being dismissed whilst pregnant. How ever, I would check your contract of employment and if there is one the employees handbook. Check to see if there is any specific reference that deals with damage to company vehicles - look for definition of what they mean by damage - if there is and it does not specify the problem with the van is included - then they may be in breach of of your terms and conditions under which you were employed. Also at the same time look for any reference about clawing back monies - most contracts do have a clause about this but normally it would refer to repayment of holiday pay which at the time of dismissal you had received but were not entitled to at that point. i would be highly surprised if there is any reference to entitlement to claw back monies for repairs to the vehicle. If there is nothing relating to this then inform them that any deductions they have made, other than those specified in your contract / staff hand book are contrary to legislation and should be returned without delay otherwise you will take the matter further.
Hope this helps a little bit with your predicament.