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  • Ivrytwr3
    Ivrytwr3 Posts: 6,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Seek a solicitor, blah, blah, seek union, blah blah, seek CAB, blah blah.

    The company believe you or your colleague have stolen the laptop. They cannot prove this, but as you have less than 12 months service with them they can get rid of you. They have used this as they now have doubts to your integrity.

    Solicitor letters, threatening letters will not get your job back and in fact may harm any future reference you may require from the company.

    I presonally, would go direct to the company boss, or senior person present at the office and plead my case.

    "I did not steal the laptop, i have never stolen anything in my life. I have enjoyed working for your company and wish to continue doing so".

    May or may not help, but at least you have made your point instead of the company always wondering if you are a thief.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ivrytwr3 wrote: »
    Seek a solicitor, blah, blah, seek union, blah blah, seek CAB, blah blah.

    The company believe you or your colleague have stolen the laptop. They cannot prove this, but as you have less than 12 months service with them they can get rid of you. They have used this as they now have doubts to your integrity.

    Solicitor letters, threatening letters will not get your job back and in fact may harm any future reference you may require from the company.

    I presonally, would go direct to the company boss, or senior person present at the office and plead my case.

    "I did not steal the laptop, i have never stolen anything in my life. I have enjoyed working for your company and wish to continue doing so".

    May or may not help, but at least you have made your point instead of the company always wondering if you are a thief.

    Not technically correct. They can't dismiss without grounds once the employee has served out their probationary period, which is normally 3 months.
    They can make the job redundant, as they claim to have done. But if so, they can't then readvertise the same job, the same day.
    Any employment lawyer would have a field day with that, and rightly so.
    No free lunch, and no free laptop ;)
  • Ivrytwr3
    Ivrytwr3 Posts: 6,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    My understanding is anything less than 12 months and you don't really have a leg to stand on. However, they chose the redunancy angle.

    But, i would rather have my job back by both parties consenting, not by quoting chapter and verse at them. If you do get your job back by these means, they'll be looking at other routes later on to get rid!
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You don't have to serve 12 months to get protection against unfair dismissal. I agree that getting a judgment against your former employer doesn't get you your job back, but it may get you compensation.
    However, the real issue that the OP should consider here is: if I have been dismissed solely on the grounds of redundancy, and I agree to accept that, what sort of reference are they going to give me? If they won't give a good reference, why should I accept what is blatantly unfair dismissal?
    No free lunch, and no free laptop ;)
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I thought they had to wait a year before re-advertising a job of the same description if they've made the position redundant?!

    I would send them a copy of the letter they sent you, and a copy of the job advert with the same title, and see what they have to say! Let them know you are discussing it with your solicitor. (even if you aren't...)
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Really bad the way some employers treat there workforce.

    Dont feel too bad, youve done nothing wrong.
    You can do so much better than working for that rubbish company who accuse before gathering the facts.
    Wishing you luck on finding another job soon.
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    macman wrote: »
    Not technically correct. They can't dismiss without grounds once the employee has served out their probationary period, which is normally 3 months.
    They can make the job redundant, as they claim to have done. But if so, they can't then readvertise the same job, the same day.
    Any employment lawyer would have a field day with that, and rightly so.

    Have you a reference for this please? All employment law I've encountered states within one year you can be dismissed on any grounds, and a tribunal will only take on a case if it can be shown that they dismissed due to discrimination.
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    macman wrote: »
    You don't have to serve 12 months to get protection against unfair dismissal. I agree that getting a judgment against your former employer doesn't get you your job back, but it may get you compensation.
    However, the real issue that the OP should consider here is: if I have been dismissed solely on the grounds of redundancy, and I agree to accept that, what sort of reference are they going to give me? If they won't give a good reference, why should I accept what is blatantly unfair dismissal?



    You dont have any protection if you havent worked 12 months ( this needs to include notice period )
    Vuja De - the feeling you'll be here later
  • isplumm
    isplumm Posts: 2,218 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    DMWG81 wrote: »
    I am on paid suspension, i don't have to return to work but they are still paying me til the 18th.

    I went straight down the job centre and surprise surprise there was a job vacancy from the employer in the job centre system. I left the company at 1:35pm and i noticed the job at 4:30pm.
    Unfortunately though i haven't got a leg to stand on as i have spoken to ACAS and the CAB and they told me because i haven't been there for more than 12 months i have no rights.

    So there we have it, another large company doesn't get its own way and bulldozes its way out of trouble.


    I am so gutted.

    Thanks to all of you for your best wishes regarding getting another job, i really appreciate them. :D

    The question is - is this the same job as what you were doing??

    If so then I suggest you complain ... not sure who to ACAS?

    Mark
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 January 2010 at 5:18PM
    Some of the exceptions to the one year rule are shown on this link.
    In the case of the OP, the last point might apply (dismissal just prior to end of one year period to avoid qualifying for unfair dismissal protection). Interesting that the one exception to this is for serious cases such as dismissal for theft-of course in this instance the OP has not been dismissed for theft (or so the employer has stated)
    http://www.compactlaw.co.uk/monster/empq14.html
    No free lunch, and no free laptop ;)
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