Employment rights

wiggsy04

Hi, my son has only been with his current employer since 1st June 15, he has been given a letter to tell him he has a disciplinary in January, regarding his work, getting orders wrong, saying he is unhelpful and has been cheeky. He hasn't been told off for any of this previously the letter is the first he has heard of it. I know it's 12 months for employee rights but is there anything that can been done if procedure not followed by giving verbal warnings then a written warning before dismissal? Any help would be most apprciated

custardy

I believe its 24 months now.
As it is,he is being brought in for a formal meeting.
This carries no weight of verbal,written etc.

wiggsy04

the letter goes like this
I am writing to tell you that you are required to attend a disciplinary meeting 4th January.
At this meeting the question of disciplinary action against you in accordance with the company disciplinary procedure will be considered with regards to: Poor performance, general inability to fulfil the needs of the role, many major mistakes on deliveries, back chatting and general lack of respect for superiors.
The possible consequences arising from this meeting might be: Dismissal
You are entitled if you wish to be accompanied by a work colleague or a trade union representative,

there is only him and a 2 others at his depot and one other at another and the owner and his daughter, it is a buliders merchants

macca1974

he hasn't got any rights for 24 months so they can dismiss him for any reasons (apart from protected ones etc) before then. The wording on that letter looks to me like the decisions already been made and they probably have left it until January so he can work there over the Christmas period (where presumably they are busy?). All i'd suggest is that between now and then he does everything exactly right, doesn't talk back or be "cheeky" and he might be able to grovel a bit and keep his job. Doesn't look good though.

Depending on how old your son is though it might not be a bad thing long term as it might encourage him to act a bit more professionally at work.

London50

As he has been there for less than 24 months the company can get rid of him for no reason at all. All he can do is go and hear what they have to say ,plead his case and then wait for the result

wiggsy04

I thought that would be the case, just thought I'd see if there was anything out there, thank you

LittleVoice

Is he a member of a Trade Union (I'm guessing not) or are you or he friends with a TU official who might be willing to accompany him?


Are they closed over the Christmas/New Year period? Remembering what it is like in the construction industry at that time of year, I guess they are. Otherwise it would look rather a long time to have the threat of dismissal hanging over him.


Though matters may not have been discussed with him, is he aware of making any mistakes?

wiggsy04

I am not nor is he in a union so nobody to accompany him, yes it closes on Saturday for 2 weeks. He said he has made one mistake he sent an order out 2 weeks and it has just came to light yesterday that it was the wrong order, I think he also back answered a colleague as he shouted at him for moving something so a wagon driver could turn around, he was moved from his original site down to where he is now a few weeks ago they said it was so the owner could get out and about more, they make him stay outside in yard almost all day in the cold and rain.

wiggsy04

Also forgot to mention he has no PPE either, they were advised they would all get boots and jackets in the new year, I believe he is also advertising for another member of staff Probably to have someone ready to replace him