Unfairly dismissed - advice needed

Takeaway_Addict

silkyuk9 wrote: »

your words are meaningless in this argument as you know you are wrong. People have rights, why do you think its cost millions to eject 1?

Still waiting to hear what legal redress you have if notice is given? Or are you all bluster?

I am quite happy to be proven wrong but I need to see the evidence.

maninthestreet

Stop the petty arguments and let's see if we can help the OP.
riggers82 - how long did you husband work for this company?

Takeaway_Addict

maninthestreet wrote: »

Stop the petty arguments and let's see if we can help the OP.
riggers82 - how long did you husband work for this company?

Question has already been answered

silkyuk9

Takeaway_Addict wrote: »

Question has already been answered

The length of time is meaningless as it depends on the reason to be sacked.

Regardless how long you have been there. Some solicitor would take on the case.

If you have worked for a company for only a few months and you are accused of something you clearly did not do and could prove it then you would have rights.

You cannot just be sacked for nothing and do nothing. We all have rights every person in the UK has rights. We live in a democratic country where you have rights to appeal for anything. If you feel strongly enough about the sacking proceed with legal action. If like me feel you can take on a very large company do so. I did and won.

mum2one

your husband as been there for over 2 yrs - he has protected rights

no investagition / meeting - major no no

at appeal stage - they added on additional items - that is a no no the appeal can only be based on the reason why the dismissal has happened.

---

from here -

1- if your husband a member of a union - contact them if not
2 - go through the local yellow pages - ring round solicitors you may need to ring a few
3. dont' speak to anyone about the incident - including any friends from work - may filter back through to work
4. gather all the information you have -dates of employment, contract, any policies you have had from the firm, all the letters from the incident

-Employment tribunal - from memory - you have 3 months from the date of the last contact with the employer to apply for a hearing

Good luck x

zzzLazyDaisy

silkyuk9 wrote: »

You cannot just be sacked for nothing and do nothing. We all have rights every person in the UK has rights. We live in a democratic country where you have rights to appeal for anything. If you feel strongly enough about the sacking proceed with legal action. If like me feel you can take on a very large company do so. I did and won.

Since the change in the law last year, employees have no right to make a claim to an employment tribunal for unfair dismissal within the first two years of employment.

They CAN make a claim for unlawful discrimination, provided the reason for dismissal related to a protected characteristic.

Ordinary courts do not provide an alternative venue as they do not have jurisdiction to hear unfair dismissal claims.

An employee may have a claim for breach of contract in certain cases, but compensation is limited to the length of the notice period. Provided the employer gives notice of termination or payment in lieu of notice, the employee has no claim in breach of contract.

The result is that, in reality, any employee starting work on or after 6th April last year can be dismissed in the first two years, even if they have not done anything wrong, and provided the employer has paid notice and has not dismissed for a reason relating to a protected characteristic, the employee has no right to make a complaint to a tribunal or a court.

I agree that sometimes it may be possible to negotiate with the employer to give the employee their job back, but that does not change the fact that the employer has no legal obligation to do so.

Takeaway_Addict

Thank you Lazydaisy

zzzLazyDaisy

riggers1982 wrote: »

He has evidence on his works email account and in files at work to prove he hasn't done anything wrong, but they are refusing him access even when he said he can be accompanied. Is there any law or rights he can use to be able to gather this evidence?

OP regarding the evidence - he cannot insist on entering the premises or gaining access to the company's files etc. There is no law that would entitled him to do this.

BUT (and I cannot stress this enough) if they really have targeted him with additional foundless allegations in order to make the dismissal stick, it probably does not matter what evidence he produces, they are very unlikely to give him his job back.

However, if this goes to tribunal, THEY have to show that they carried out a thorough investigation and had reasonable grounds to believe that the allegations were true. In other words, it is not for him to prove his innocence to a tribunal, but for them to show they had fair reason to dismiss and that they followed fair procedures.

So it may well be that rather than go in all guns blazing (and give them chance to destroy any evidence) he may be better sticking to the facts, which are that he was dismissed on the spot for bullying without any warning or notice and was not given any opportunity to state his case or explain things from his point of view. Since then they have raised numerous other allegations which were not part of the original decision to dismiss him, and while he can prove that these allegations are without foundation, he would need access to his email account and work files, and request has been denied. And then repeat his request that he be given access to this information so he can prove his innocence.

It is often a good idea to take a written statement into the hearing, so there is no dispute later about what he said to them.

It is very important that he takes someone with him to the meeting as a witness if at all possible, and that person should be someone who would be willing to attend a tribunal hearing and give evidence on his behalf if necessary. The law says this may be a work colleague or trade union rep. If he is not a member of a TU, he is stuck with finding someone who still works for the company to accompany him. Of course human nature being what it is, it may well be that no-one wants to get involved.

hth

Dx

silkyuk9

LazyDaisy

I agree with your comments, what I do not agree with is others saying a boss can sack you for absolutely anything within the first 2 years.

I have given 2 clear personal examples of this, ive also given clear examples of how difficult it is in the health service. Again I have known people who have worked for a few months and gone on long term sick, come back and do it again after a few months, and they still cant get rid of them.

While I agree with your comments, which are clear, unlike some other repliers a boss could not fire a person if they insisted that they do something unreasonable or bizarre because of this '2 year rule'

harrys_dad

Many employers, especially larger employers and those in the public sector, have clear policies for capability, disciplinary, sickness etc. Even if someone has worked there for less than two years, and is unlikely to be able to go to a tribunal, these employers will follow their policies and not dismiss without due process.