Unfairly Dismissed...what next

princessdon

Well it's worth a try then (I do think it is unfair) but given it was all verbal and that they can effectively dismiss for any reason I do think it is hard to prove.

If they did "reinstate" - there would be chance that next week something else would happen and he'd be dismissed.

As I said - I'm not sure I would want to work for someone like that.

getmore4less

princessdon wrote: »

yes - but how do you PROVE that was victimisation - I'm not 100% sure on what is protected (sex, race etc) but allowing unpaid time off I'm not 100% sure of - given that dependant leave is usually contractual. All they have to do is give any reason under the sun as to why - say he phoned in sick or anything.

But I don't have the experience you do - but I wasn't aware that taking unpaid leave as an emergency without permission was protected.

Do you think an unfair dismissal claim would work given the circumstances?

As with any case the more proof the better.

have a read of the employment act and a few other places like direct.gov it will help.

somethings you have to refer to lots of other sections.

http://www.legislation.gov.uk/ukpga/1996/18/contents

http://www.legislation.gov.uk/ukpga/1996/18/section/47C

http://www.legislation.gov.uk/ukpga/1996/18/section/57A

AIUI those cover the case to be allowed time off. (57A 1.d)

You have to look further down to dismisal legislations in particular

http://www.legislation.gov.uk/ukpga/1996/18/section/99

Now there may well be other sections wich give wiggle room possibly the requirement to have worked for a year(now two)

http://www.legislation.gov.uk/ukpga/1996/18/section/108

kenziesmummy

Thanks alot loads of bedtime reading for me ....we obv have proof that i was working, the childminder was ill and the phonecall to his boss 2 minutes after we got the text to his boss. Starting to wonder if its all really worth pursuing but for me its the principle of it.

If there was any way i couldve been home or if we had known in advance we would have made other arrangements because my husband is a good worker and it was his first week of work so of course was trying to impress, and wouldnt have risked his job unless he HAD to.... I think also phoning him without discussion has made me more annoyed and i agree they are just planning on ignoring our letter presuming they can :-/

thanks to all who replied, will speak to him tonight and see whether we should pursue it or not :cool:

getmore4less

As annoying as it is, the best approach is to try to bridge the gap but that may be too late allready with the letter.

If you want t ofight you need proper advice and support check your house insurance for legal cover.

If they are sensible they say sorry just reacted and either keep him on if good(but you carry your phone at all time) OR find another reason totaly unrelated in a week or two time, they don't need one with only a few weeks employment but will probably find one. They cover their backs same result new job needed.

I suspect a new job will be needed before long unless they did just overreact and change their minds(unlikely if 2weeks has passed).

Did he not call them later that same day or go in for a chat once care sorted.

I suspect that the contruction area is a bit incestuous so you may not want to become know as trouble makers. Also a bit cuthroat when it comes to work T&C's etc.

kenziesmummy

He called his manager at 7am and was due in for 8am....got a call (from a supervisor) telling him not to bother coming back at 8.30ish. he called his line manager at around 9.30 and asked to speak to him face to face and that he could be in around 10.30 once he had dropped our son off (at the other end of Edinburgh) and was told not to bother and that he didnt value his job. Again he asked to meet to discuss and was told it was too late.

my son is 20 months so unfortunetly cant tie him to a lamp post till we get back from work and my workplace is very parent friendly so still surprised with their lack of any communication etc. what if he was a single dad etc?

He had a job interview this morning and is waiting on a decision so hoping he is working again by the end of the week and then his old company will get away with firing people for having parental responsibility...