Been Sacked - Help Need Advice

mrcow

worryguts wrote:

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

They have to be seen as acting in a "reasonable" way (define reasonable lol). They can't make him wait too long for the letter.

I hope the union rep works as suitable scare tactics. By brother's just been through an appeal and we're awaiting the outcome, but they basically ate their own words, so fingers crossed.

I guess your husband need to think about what he actually wants from the outcome of the appeal. Would he still want to work for a company that has treated him like that? It's a kind of Catch 22.

worryguts_2

He did say he reckons 'his card would be marked' if he did get his job back I said well then you can have them for victimisation
thing is he really liked the job and after being 14 years in his previous one (was made redundant) he felt he had found the perfect
job -
I have read up on this whole situation on some of the web sites people have advised me too from the forum and from what I can
make out is they have gone about it all the wrong way but it still boils down to he hasn't been there a year so not sure what the outcome
will be - I will of course let you all know and keep you posted on events - just incase it happens to anyone else

Optimist

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.

Whilst your correct to a point and failure to abide by the disciplinary process is an automatic unfair dismissal it is also one of the four automatic dismissal items that still require a 12 month qualifying period.

worryguts_2

Optimist wrote:

Whilst your correct to a point and failure to abide by the disciplinary process is an automatic unfair dismissal it is also one of the four automatic dismissal items that still require a 12 month qualifying period.

Are you saying that he can be sacked on the spot with no warning letters, no disiplinary hearing because he had only served 7 months with them ? and 2 days notice is also ok ?

mrcow

worryguts wrote:

Are you saying that he can be sacked on the spot with no warning letters, no disiplinary hearing because he had only served 7 months with them ? and 2 days notice is also ok ?

But the problem here is that he doesn't have a contract. If he did, it would spell out his entitlements and grievance procedures. He would be protected much more if he'd insisted on signing an employment contract before starting work.

It would also have outlined any notice pay & periods and also sick leave entitlements.

seven-day-weekend

I know where I lived in the UK, a decent, honest, skilled, self-employed painter and decorator would be in great demand. A friend of mine is one and is never out of work.

Good luck.

CFC

I really wish people who do not have any idea of employment law would not post with advice for people on here.

AUTOMATIC UNFAIR DISMISSAL - For breach of disciplinary process, (this is the 3 step procedure that another poster mentioned) THERE IS NO MINIMUM LENGTH OF SERVICE REQUIRED.

What this means in practice - you have worked for 2 days abd are found doing something BAD. You are sacked, but the letter, for example, inviting you to a disciplinary or probationary hearing was delivered to you 30 minutes before the time set for the hearing, and it didn't mention that you had the right to be accompanied in the hearing. This wasn't mentioned in the hearing either. You are sacked. You were not told of the right to appeal. The case goes to a tribunal, and the tribunal finds that although the company was right to sack you for the act, it is a case of Automatic Unfair Dismissal because the correct process was not followed. The company has to pay you a wad of money.

Yes, there are occasions where you can be sacked on the spot for gross misconduct - but any company doing so needs their head examining. They are liable to be leaving themselves open to Automatic Unfair Dismissal even though it was not a wrongful dismissal. The correct course of action would be to suspend the employee and then hold a disciplinary hearing.

If you do not fully understand the ins and outs you should not be posting your opinions. You may do somebody harm as they may actually listen to you.

Optimist, you are totally and utterly wrong.

mr cow, you are totally wrong.

Every worker has a contract as soon as a job offer is accepted. Every worker also has a right to request that contract in writing. There are certain minimum terms imposed by law even if they have not been mentioned in the written contract. I could tell you all the exact facts on contracts but as I've already posted it in another thread called 'resign on holiday' in the jobseeking and benefits board, I'm not going to post it again here.

PLEASE DO NOT POST ON EMPLOYMENT MATTERS UNLESS YOU REALLY KNOW WHAT YOU ARE TALKING ABOUT! YOU MAY CAUSE SOMEBODY HARM!

Worryguts, if your husband likes his job and has been unemployed before, if he wins on appeal he should keep his job. A company that has flown close to the wind in procedure will be very wary of giving him more bullets to fire. It also gives him the opportunity to look for another job at his leisure.

Optimist

CFC As your shouting about it I am quite happy to bow to your superior knowledge! I have been known to be wrong and would be happy to be so if it allowed the OP to win this with her OH's employers however as they have already seen a solicitor who gave them the same info as I and others, I would assume the solicitors were incorrect too. Not unknown !

worryguts wrote:

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

Can I would suggest that you provide the relevant legislation, case law or tribunal references. This would enable the OP to go back to her solicitor or pass the info to their union rep and help in the winning of their case.

Regards Optimist.

worryguts_2

I haven't seen a solicitor but my mum used to work for one and rang him and he said it is 12 months - I'm sure that if there is a case to answer then the union rep will advise - he got the letter this morning - worded as if he knew when he was going to see them that it would result in a sacking, if he had of he would of taken a rep with him. Anyway he can appeal - he will call union guy on Monday and take it from there

Optimist

worryguts wrote:

I haven't seen a solicitor but my mum used to work for one and rang him and he said it is 12 months - I'm sure that if there is a case to answer then the union rep will advise - he got the letter this morning - worded as if he knew when he was going to see them that it would result in a sacking, if he had of he would of taken a rep with him. Anyway he can appeal - he will call union guy on Monday and take it from there

Good luck I hope it works out for you. Do let us how how it went on