Been Sacked - Help Need Advice

nomoneytoday

Jamz wrote:

Get down the CAB right away, this is a case of unfair dismissal..

Sorry, but if you are employed for under 12 months, and you are dismissed because your work isn't up to scratch that isn't a case of unfair dismissal.

(It is however, unfair and harsh)

worryguts_2

thanks - so thats that nowt he can do really he will complete the form that comes with the dismissal letter and take it from there - because I think they have gone about it all the wrong way - surely he should of had a warning of some sort or a meeting first or a written warning or notification to bring a union rep with him - but at the end of the day what we think and what they are allowed to do doesn't count for anything really - this is so unfair

Jamz

nomoneytoday wrote:

Sorry, but if you are employed for under 12 months, and you are dismissed because your work isn't up to scratch that isn't a case of unfair dismissal.

(It is however, unfair and harsh)

Sorry i was lead to belive it was 3 months....


Sorry OP...

hex2

Under 12 months you cant claim for unfair dismissal. They do have to provide a copy of his written statement of terms and conditions (not a contract as such) if he hasnt got one put a request in writing asap. From memory the fine for failing to provide this is about £200 via an employment tribunal. Better than nothing.
The govt did bring in statutory rights to a proper disciplinary process but you do need the years service to bring a claim so not much help there. Worth asking acas or CAB about this, I have yet to see any case law round it so not sure how things stand.

Yes it is unfair, yes it is wrong and yes I agree it is probably a setup. The system stinks, good companies keep bad people rather than fall foul of the rules, cowboys sack people without good reason and get away with it.

I can only offer sympathy. At least he has an in demand skill and should find something else quickly.

worryguts_2

He should receive his letter tomorrow - he has spoken to the union rep who has said he will set up a meeting and go with him - he also said that he should of been given more than 'we'll pay you to the end of the week' at least a weeks notice - from what I can make out reading the cab web site they should of warned him it wasn't just a chat so as he could of taken a rep with him - he should of had warning letters of some sort aswell - they should of had dates, statements of customers if there had been complaints but all the guy said to him, when he asked what job he'd had a complaint about was - 'oh I can't remember off the top of my head ' - thank you all for your kind words of support

CFC

I'm glad you've got the Union involved. For unfair dismissal, you have to have 12 months service EXCEPT in the case of Automatic Unfair Dismissal.

Failures of the disciplinary process are one cause of Automatic Unfair Dismissal and your Union rep will be able to look at the letter your husband had and the notes of the disciplinary/probationary review meeting and see whether it is likely to fall into the automatic unfair dismissal. Not telling your husband that he had the right to be accompanied in the hearing would mean an automatic unfair dismissal, for example.

As to whether he should have had statements of complaints or more particulars given to him prior to the hearing, it depends whether this was a Probationary Review or a disciplinary hearing. Even if it was a disciplinary hearing, if the basis of the termination was not customer complaints but his assessment failure, the employer would not have to supply any customer complaints. It's quite a complex area, and one needs sight of all original notes and letters to determine what has happened.

JennyW_2

In October 2004 a new 3-step process for resolving disputes came into effect.

For standard dismissal and disciplinary procedures:

1. Put it in writing - send the employee a written explanation of the conduct
2. Meet and discuss - a meeting to discuss the issue
3. Appeal - if the employee wishes to appeal then an appeal meeting must be held.

For gross misconduct:

1. Put it in writing
2. Appeal

For more details visit https://www.acas.org.uk

I have the document here in front of me and it doesn't mention anything about length of service.

Basically you cannot just call someone into your office and sack them anymore. There are now procedures in place to protect you.

Also as part of the new law it is the employers duty to fully inform all staff of their rights and procedures - bet your husband's employers haven't done this?

worryguts_2

Hello - just wanted to say thank you for the info - but I have heard from a solicitor that it is a year for unfair dismissal claim - having said that he is still going to appeal - he has spoken to a union rep who has said they have gone about it all the wrong way - he is still waiting on his dismissal letter with the appeal form in it - they will probably take ages to send that out - thank you again

Sassers

worryguts wrote:

thats what we thought - apparently he will be receiving a letter and it'll have a dispute procedure with it so if he's not happy he completes it etc alot of good as they have sacked him ! he never had a contract either so cannot even check that out to see about notice periods - it's just such a mess - he confidence is in pieces he has been in this trade for years

Hi just a quick post - my mum took her old boss to industrial tribunal. She went to CABand scuse the rhyme, they were fab.
I was allowed by the court to help her during the hearing and the one thing the judges really looked down on was the fact her boss wouldn't provide a contract for her to sign despite her asking for one time and time again. She worked for this bloke for four years.....
It might be worth looking into that to because as I recall the judges said it was an illegal breach of employment law. Good luck with all this, I'll keep my fingers crossed for you - BTW my mum, bless her, won her case!

worryguts_2

CFC wrote:

I'm glad you've got the Union involved. For unfair dismissal, you have to have 12 months service EXCEPT in the case of Automatic Unfair Dismissal.

Failures of the disciplinary process are one cause of Automatic Unfair Dismissal and your Union rep will be able to look at the letter your husband had and the notes of the disciplinary/probationary review meeting and see whether it is likely to fall into the automatic unfair dismissal. Not telling your husband that he had the right to be accompanied in the hearing would mean an automatic unfair dismissal, for example.

As to whether he should have had statements of complaints or more particulars given to him prior to the hearing, it depends whether this was a Probationary Review or a disciplinary hearing. Even if it was a disciplinary hearing, if the basis of the termination was not customer complaints but his assessment failure, the employer would not have to supply any customer complaints. It's quite a complex area, and one needs sight of all original notes and letters to determine what has happened.

thanks for your post it made me feel 100 times better - They'll have a shock when he takes a uinion rep in with him - obviosuly had he had any idea that he was going to be sacked on the spot with no warnings whatsoever he would of taken him along in the first place - he is still waiting for his dismissal letter which should have the right to appeal form with it but they'll probably make him wait or that