Notice or the sack!

Nicky321

The father of my grandson has been asked to "hand in his notice" or they will find a reason to "sack" him. My daughter had a beautiful baby boy in December 07 and he was not allowed time off work because they where "too busy", so they told him to take a week "paternity" and 2 weeks "holiday in Jan 08. He has now returned to work and they ask him to do that. They have no grounds to sack him, he works extremely hard. What should he do? If he resigns would he be entitled to benefits? if he gets sacked, it wont look good on his CV.

poe.tuesday

think he should got straight to a union - no way can they sack him without any grounds to nor can them make him hand in his notice

MrsTinks

Don't resign! It would mean no insurance on any loans mortgage etc would step into effect.
Tell him that if they want rid of him then they have to sack him. This would then mean he could go and sign on and this would activate any payment protection policies they might have. He will need this with a newborn!
Also depending on terms of employment then they will have to give a reason for sacking him and this could then form the basis of an unfair dismissal claim.
Obviously tell him to start job hunting ASAP as this doesn't sound like a place that he'd want to remain!

sweetmoneysaver

DON'T LET HIM RESIGN!!!!!! No benefits if he does. Let them sack him and then he may have a case for unfair dismissal. I hope it works out.

LittleVoice

How long has he worked for his employer? Was it 26 weeks or more leading into the 15th week before the baby was due? That is, by my calculation, did he start on or before 26 February 2007 if the baby was due in the week it was born? If he did, then he was entitled to paid paternity leave of one or two weeks (his choice) provided he had notified them at the proper time.

If he were to resign, then he would not be entitled to JSA immediately. If he were sacked for issues concerning his work performance rather than for redundancy, then again I think he would not be able to claim JSA immediately. I do not know about other benefits.

However, if the employer does want to sack him, they would have to do this properly. How long has he been employed there?

Nicky321

Thanks for the replies, they said they will "find" grounds to sack him.
He went back to work last week for the first time after his leave and the same day is when they gave him this crap!

Just before the birth of his baby they had tried this, and when he handed in his notice they told him dont hand it in, and offered him more money. Obviously because they knew they needed him because they where going to be extremely busy over the Christmas, New Year period.

He would have to be in a union to get the union involved wouldnt he?

They are making life very hard and depressing and he is ready to hand his notice in tomorrow, but i keep trying to stall him and find out whats best.

He has been employed by his employer since 2005 on a casual/temp basis, in June 2006 he was made permanent and in March 2007 he was promoted to a Duty Manager.

The reason that they will use will be "work not upto standard" meaning the standard is not upto the guy who wants to sack him..... which is complete #!it

Nicky321

Just need a bit more help please

He would have to be in a union to get the union involved wouldnt he?

Do you think he would get any advice from the Jobcentre, only because we got to make an appointment to see the local CAB and they was of little help last time, and its harder to get to one of the bigger CAB's

dmg24

Some unions will allow someone to get advice immediately upon joining, though they are unlikely to offer actual representation.

The Jobcentre are unlikely to get involved, or even have any knowledge in this area.

swanny65

Nicky321 wrote: »

The reason that they will use will be "work not upto standard" meaning the standard is not upto the guy who wants to sack him..... which is complete #!it

If he works for a network of branches get the individual branch performance data, stats etc he can - hopefully it will show he is outperforming other branches and could then be used at an industrial tribunal as he is being discriminated against.

Get him to use a hidden tape recorder and record secretly any conversations with management, i know it cant be used in evidence but does the employer know that.......

Fight dirty!!! and hopefully a new job will appear soon

poe.tuesday

they are bullies and they can not sack him if they have no grounds to and by the sounds of it, they don't, surely gone are the days when people can be treated like this - get him to get in touch with acas or simular, they will guide him on what to do, failing that the CAB - however, he must not resign as they are then getting what they want, he may not want to work for them but that should be his choice, on his terms and in his time

peter999

Nicky321 wrote: »

Thanks for the replies, they said they will "find" grounds to sack him.

He needs to collect evidence, he should record a conversation where they threaten him.

peter999