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Unlawful dismissal?

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Comments

  • no, he hadnt asked for a postponement because he thought he was going to a return to work meeting and they were going to discuss a date for him to start back.
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    no, he hadnt asked for a postponement because he thought he was going to a return to work meeting and they were going to discuss a date for him to start back.


    Do you mean the letter he got inviting him to the meeting made no mention of what kind of meeting it was i.e. a disciplinary?
  • WeakHeart
    WeakHeart Posts: 116 Forumite
    Toniskinner, I worked for a very small employer and used the ACAS site. I found it informative and used the templates but they also advertise a helpline. I once adjourned a disciplinary to call them to get advice on a particular point. You've dismissed the person now so all you can do is consider how you address your error with them but if ever you are unsure in the future I hope that you will take the time to be clear first and take full advantage of the help that is available before acting.
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    lucylucky wrote: »
    If it is blatantly obvious I am sure a link will be easy to find;)
    tizerbelle wrote: »
    Look up at post 55!
    lucylucky wrote: »
    I know.

    I was being ironic, sorry.

    (the link having been posted)

    I'd not give up the day job luv; and perhaps relook up the definition of irony.......
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    edited 24 August 2010 at 8:00PM
    Zazen999 wrote: »
    I'd not give up the day job luv; and perhaps relook up the definition of irony.......

    No need to look it up thanks

    Sometimes posts don't come across as intended, ironic or not, and I see no need to explain it to you "luv"
  • The letter said come in for a meeting after his visit to occy health. he went there on the Tuesday, got letter for visit to discuss what the occy health doctor had said on the Friday and was dismissed on the Monday.
  • SarEl
    SarEl Posts: 5,683 Forumite
    The letter said come in for a meeting after his visit to occy health. he went there on the Tuesday, got letter for visit to discuss what the occy health doctor had said on the Friday and was dismissed on the Monday.

    It's a bit spartan on detail, but this may fall into the "technical loophole". The right to be accompanied it to a disciplinary or grievance hearing. Case law has extended this to include any meeting the consequence of which may be that the employee looses their job. From the description that you have given the meeting was not actually within this framework (just as inverstigatory meetings are not) and so the statutory obligation to be accmpanied is not present. In these sorts of meetings representation is not a right, so who reprsents isn't relevant. The employer may use their discretion to permit reprentation but the ability to choose or postpone is therefore not relevant - you have to attend when asked and if your rep isn't available you take another or nobody.
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    lucylucky wrote: »
    No need to look it up thanks

    Sometimes posts don't come across as intended, ironic or not, and I see no need to explain it to you "luv"

    Explain what to me? The definition of irony when the irony was on you? Doh!



    Celine Patricia - I think you should start a new thread - as yours is getting mixed up with the responses to the original thread and as one is from the employer's POV and one from the employees....they definitely need separating.....
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    Zazen999 wrote: »
    Explain what to me? The definition of irony when the irony was on you? Doh!

    No - not the definition of irony.
    Missed the point - again.


    Celine Patricia - I think you should start a new thread - as yours is getting mixed up with the responses to the original thread and as one is from the employer's POV and one from the employees....they definitely need separating.....

    ...........
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    lucylucky wrote: »
    No - not the definition of irony.
    Missed the point - again.


    I know the definition of irony - honest - and you were pwned!
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