Unfair dismissal?

caz246

Sambucus_Nigra wrote: »

Did CAB actually ask the question 'how long had he been working there'? If not, they blooming should have. Amateurs!

I'm not sure but it was actually wrongful dismissal and not unfair, my mistake.

Sambucus_Nigra

caz246 wrote: »

I'm not sure but it was actually wrongful dismissal and not unfair, my mistake.

Can you ask them if they could tell you where it says that with less than a year's employment, any form of dismissal apart from discrimination may be taken to a tribunal?

caz246

Sambucus_Nigra wrote: »

Can you ask them if they could tell you where it says that with less than a year's employment, any form of dismissal apart from discrimination may be taken to a tribunal?

I will ask him that, as far as I know he's drafting a letter to send to his employer, as advised by CAB.

It's not looking like he'll get anywhere from what I gather but thought I'd look into it and see what info I could find.

Sambucus_Nigra

You might want to do some research into employment law whilst you are at it; can't believe CAB don't know anything about it!

caz246

Sambucus_Nigra wrote: »

You might want to do some research into employment law whilst you are at it; can't believe CAB don't know anything about it!

Will do thanks, trust him to get someone who doesn't know what they're talking about! :mad:

lulu650

Not sure why posters are knocking CAB. They do have training.

With regard to Unfair Dismissal there are exceptions to the one year rule. I should imagine the letter being drafted mentions "Dismissal of an employee observing health & safety rules" ie it was unsafe to travel.

With regard to Wrongful Dismissal, the correct procedures are not being followed, he was entitled to one week's notice. Of course, the employer wouldn't need to pay him for the week he was snowed in. It would be considered unpaid or holiday leave. However, any withdrawal of money in lieu of the one week's notice should be put in writing.

pmlindyloo

WRONGFUL DISMISSAL

If you are dismissed in breach of your contract of employment, you may be able to claim for wrongful dismissal. Usually, this happens when someone is dismissed and is not given their proper contractual notice entitlement. Sometimes, a claim for wrongful dismissal can be made if an employee is dismissed in breach of a workplace procedure, such as a disciplinary procedure, that they are contractually entitled to.
Claims for wrongful dismissal can be made either to an Employment Tribunal (for damages of up to £25,000) or to the High Court or County Court for larger sums.
Unlike for most claims for unfair dismissal, there is no qualifying length of service required to make a claim for wrongful dismissal

May I echo Lulu and say that knocking CAB before checking whether the OP has the full facts is not helpful. I appreciate that based on what the OP said it seemed that they were given the wrong information. However, not only do advisers have training but they are supervised and every piece of advice given is checked so if, at first, it seems wrong information has been given please don't rush in and assume that CAB is wrong. (and yes, I am a CAB adviser!)

ps. Sorry about the huge capitals - that's pasting and copying for you!

Sambucus_Nigra

CAB adviser.

How many tribunals have you come across where an employee has successfully won any compensation for wrongful dismissal?

Out of how many that have been taken up by a solicitor?

Out of how many that you tell the above to?

lulu650

I should imagine the OP's boyfriend would be entitled to the equivalent of one month's salary if it goes forwards to a ET. There's no way he will get anything approaching thousands.

Just to remind posters, the average payout at an ET is around £4,000.

The employer would probably state the employee is partly at fault by not taking notice of the weather warnings when he went to Scotland. I would hope the ET would take into account though, that the weather has been the worste for X many years and the employee couldn't predict how bad it would get.

lulu650

Sambucus_Nigra wrote: »

.....CAB adviser.

How many tribunals have you come across where an employee has successfully won any compensation for wrongful dismissal?

Out of how many that have been taken up by a solicitor?

Out of how many that you tell the above to?

The thing is, what difference does it make? The employee is clearly entitled to one week's notice under statutory employment law. He wasn't given it and is entitled to make a claim at an ET. CAB will help him fill in the paperwork and it will be straightforward.

I still think he has a case under Health and Safety for Unfair Dismissal which will be covered with only 7 months at work although not entirely sure.

I'm a union advisor for a particular professional association and certainly don't know everything about employment law. I've got solicitors at the end of the telephone to straighten out any of my misunderstandings.