Mum has been fired.

jellynose

Hi Cath

Any update????

CathChat

Yes she was told by acas to compose a letter. She needs to ask them for the reason she was dissmissed ie what the gross misconduct was, also she is entitled to 3 weeks full pay as she was there for that period of time.

I have posted the letter for her today recorded delivery of course and they have 28 days to reply.

The woman at acas said she definately has a case as the way she was dismissed was not legal. She should have been called into a meeting with the boss and he should have told her what the gross misconduct was. She then would have had a chance to appeal this decision.

None of this was followed so she has a strong case, even if it is gross misconduct she was fired for.

We now have to wait for the reply letter now, cant really do anything without it so i'll let you know what the reply is.

Thanks

Cath

Just noticed ive got two stars.

CathChat

Right a quick update.

No response to the letter within the 28 day notice so on Wednesday Mam sent her tribuneral claim online. She received her case no and information this morning, stating on what information given she has a good case.


They have 28 days to respond to the letter from the tribuneral. If no reply the tribuneral people will issue a legal notice that they have to reply.

Mam was told the fact that the employers did not respond to the original letter, will go in her favour.

Lets hope they dont respond again. They are digging themselves in deeper and deeper. Good for us of course.

Will update as we receive any info.

Thanks

Cath

moj1966

Tell your mum to keep fighting , i think they are hopeing that she will give up.
My ex employeers settled out of court and i recieved £5000. lots of thing to consider if claiming for loss of earning, if she gets a new job in the meantime this will go agaisnt the claim she will be able to make. Cn't totally remember how it is worked out but im sure acas will be able to advise

good luck

Carlsberg

Hi there. I have just been reading this thread, and wish your mum all the luck in the world. In a previous job, my manager, who had actually begged me to come back and work for her as the admin dept was in a mess after someone leaving, started to fell threatened by me, I could have done her job, and so she went on a hate campaigne against me, accused me of being an alcohoholic, and was nasty untill eventually she got me made redundant. They couldnt sack me as Id done nothing wrong, but as d only been there 7 months, i couldnt do anything. They even had a 'meeting' with me an hour or so before they did it, to make notes on everything they didnt know that I did. A few weeks later, there was a young kid doing my job, under a new title, so denise could boss her around. Makes me sick. Employers can get away with murder.

myrnahaz

Tori_Bellatrix wrote: »

Would this not be 'Constructive Dismissal' then if it were this scenario?

I'd agree - she probably has a case for constructive dismissal (that's assuming she's actually resigned). Tell her to ring ACAS - they'll help sort it out (free of charge - look in the phone book).
Sorry - I've just repeated other posters' advice.

seven-day-weekend

Wishing your mum good luck.

Jo4

Good luck to your Mum.

I remember just over 6 years ago I was given a verbal warning, I had not received any written warning which apparently you are supposed to receive first, because I had been in hospital and then had to take a while of work, doctors orders. I was told by the area manager that if I had one more day of which had not been planned I would be been sacked on the spot.

CathChat

Just a quick update for all those interested. Mams ex employer did reply to the form from the tribuneral, she has not stated on there the reason for dismissal but she has written a load of for want of a better word crap.

She states that mam did not look after the cafe while she was on holiday in one line and in another she states that she had complaints about her behaviour while she was on holiday. So we are confused as to who was looking after the cafe while the owner was on holiday to get these complaints as mam was the only one on the books.

Secondly she actually ticked the box on the form which says did you dismiss this person. She ticked yes so she has admitted dismissal.

The woman from acas telephoned my mam and she was laughing at the response from the employer. She said to mam, that if the case does go to court that the judge will definately be on mams side as the employer has not given any legal reason to dismiss her.

Acas are going to tell the employer that its best to settle out of court.

We thought that she would see a soliciter and make up a load of bull about mam so that she would be covered, lol. So good news for us, we are just waiting on an update from acas as what the employer has decided to do.

I'll update with any news.

Cath

x

Jo4

Thanks for the update and I am really glad is was with good news.