Moving House OH Been refused time off...!!

confused31_2

Captain_Mainwaring wrote: »

I gotta betta idea - YOU phone his boss, and YOU shout him down and demand his rights, and when he has got the boot, YOU take him down the DSS and then down the job centre.

Seems like a few people have got their ambitions mixed up with their capabilities.

I think his boss will know his employees rights, and take it on the chin like most employers do.

His boss is just trying to flex his power, like yourself you think what you says goes, but the simple fact of the matter could cause his boss a lot of trouble.

Ive seen it where i work a boss as made a desicion directly with a worker which as been outside of the law, then the worker as gone to the union and explained whats happened and then boss as been sacked from powers above him.

You all go on the internet a lo,t just do a search on google for wrongfull dismissall and theres as many solicitors dealing with this as claims for injurys at work.

This is because of the ignorance of employers who think they can sack people at the drop of an hat and not follow the law, solicitors have realised this and will take these people on a no win no fee basis.

captain if was you i would look here for some advice, i personally dont think you have many employees as you dont seem to have much knowledge of how to treat employess.

http://www.emplaw.co.uk/emplaw/employee/findalawyer.aspx

oh and heres a claim form from one of the free law firms who love fight cases against wrongfull or unfair dismissal.

https://vault2.secured-url.com/jpssl/udd/todonext.asp


confused

confused31_2

Here captain print this off and read it

Wrongful & Unfair Dismissal - Employee

If you have been dismissed there are two main types of claim that you might be able to bring:
1. Wrongful Dismissal

A wrongful dismissal occurs where an employee has been dismissed either without notice or without adequate notice unless the employer was acting in response to a serious breach of contract by the employee.

Claims for wrongful dismissal can be brought in either the Employment Tribunal (within three months of the date of the dismissal) or before the Courts (within six years of the date of dismissal). Ideally proceedings should be issued as soon as possible in order to avoid unnecessary delays and before recollections fade.

If you require specific advice on the limitation period that applies in your case, or whether it is appropriate to issue proceedings in the Employment Tribunal or Courts, please contact us for further advice.

Sunday, 25th May 2008

Anthony Kay

Contact direct Anthony Kay DDI: 0115 988 6706 [EMAIL="AKay@andersonssolicitors.co.uk?subject=Employment%20Law%20Individual%20-%20Contact%20Anthony%20Kay"]email here[/EMAIL] Compensation for wrongful dismissal is usually limited to the payments that would have fallen due to the employee during the notice period. However in some cases in it possible to add to this sums to compensate for:

a) loss of fringe benefits (i.e. company car, medical insurance etc)
b) commission and bonus payments due under contractual schemes
c) and payments under profit sharing schemes
d) loss of pension contributions
e) back pay and holiday pay
f) share options
In some circumstances a wrongful dismissal claim can be brought where the dismissal was in breach of contractually binding disciplinary rules and procedures. In these cases damages may be calculated by reference to how long it would have taken to comply with the contractual procedure in addition to the notice period.
2. Unfair Dismissal

Unfair dismissal claims can only be brought in the Employment Tribunal and make up a substantial proportion of the cases heard there. Many claims are settled without the need to go to a hearing.
Claims must be presented to (i.e. actually received at) the Employment Tribunal within three months of the effective date of termination of employment. These time limits are strictly enforced and therefore if you miss the deadline the Employment Tribunal may refuse to hear your case.
In order to succeed in a claim for unfair dismissal a tribunal must be satisfied that:

a) you qualify for the right to claim unfair dismissal;
b) you have been dismissed;
c) your employer did not have a fair reason for the dismissal; or
d) if there was a fair reason it was not implemented fairly or the penalty was too harsh
3. Do you qualify for the right not to be unfairly dismissed?

In order to qualify for the right to claim unfair dismissal you must:

a) be an employee (i.e. as opposed to self employed) and;
b) have been dismissed (perhaps surprisingly this can include situations where you have resigned);
c) have been continuously employed least one year

NB: if you have been dismissed for one of the following reasons the one year rule may be waived:

• asserting a statutory right
• trade union activities or membership
• pregnancy, childbirth, maternity, maternity leave, parental leave or taking time off to care for dependants
• matters relating to health and safety
• for certain betting and shop workers, refusing to work on Sundays
• whistleblowing under the Public Interest Disclosure Act 1998.

(What is more, dismissals for these reasons are usually deemed to be automatically unfair.)

d) Be under either the normal retiring age for your industry or in any other case under the age of 65 and;
e) Not fall within a miscellaneous excluded category.

We can offer you advice on establishing your eligibility for unfair dismissal and explain the requirements in full.
4. Have you been dismissed?

In most cases it will be clear whether or not you have been dismissed. However, dismissal is a technical term and, in addition to express dismissals can include cases where:
a) an employee resigns because of a serious breach of contract by their employer (i.e. constructive dismissal
b) where the employer says resign or be dismissed
c) where a fixed term contract is not renewed
d) where the employer uses language which amounts to dismissal
5. Fair reasons for dismissal and fairness

There are five potentially fair reasons why an employer can dismiss an employee.
The five fair reasons are:
a) Capability
b) Conduct
c) Redundancy
d) To avoid contravening a statutory provision
e) Some other substantial reason
If your employer fails to satisfy the Employment Tribunal that one of the five reasons applies in your case then your claim will succeed.
a) Capability
These dismissals tend to fall into three categories:

(i) Lack of appropriate qualifications that are a condition of your employment. For example if you are disqualified from driving when having a driving licence is a necessary requirement for your job. However this will only usually merit dismissal if the license is genuinely vital to the job and the employer has considered alternative arrangements or alternative positions.
(ii) Lack of competence. It is rare for one-off incidents to justify dismissal unless they cause the employer a significant detriment or loss.
Examples of incompetence would include making misjudgments or mistakes, lack of adaptability, inability to work with colleagues etc
In assessing the fairness of a dismissal on these grounds an Employment Tribunal may consider:

• whether there is objective evidence of incapability
• whether there was a proper appraisal system or some other formal process of supervision through which the employee could know of their employers concerns
• whether warnings were given setting out reasonable objectives and which made clear the consequences of failing to improve
• what alternatives to dismissal were considered i.e. retraining or transfer to another post
• whether due consideration was given to the employees status, length of service and past performance
• how similar issues have been dealt with in the past

(i) ill health. Employers who treat ill health absence as a capability issue do probably not doubt that the reason for absence is genuine; they may simply be concerned that the employee is incapable of attending regularly enough to comply with the contract. This may encompass either long term or persistent short-term absence from work. Cases where an employer suspects an employee of malingering will probably be dealt with as a conduct issue.
In assessing the fairness of a dismissal for ill health an Employment Tribunal may consider:

• Whether the employer has investigated the nature of the illness and the likely length of absence
• The impact that the employees absence has on the business and other employees
• Whether the employer has taken account of available medical evidence, the employees length of service and any contractual sick pay scheme
• Whether the employer has consulted with the employee about the situation before taking a decision to dismiss
• Whether alternatives to dismissal have been considered.

Employees who are dismissed on the grounds of ill health may also have the right to bring a claim under the Disability Discrimination Act 1995. This legislation imposes a duty on employers to make reasonable adjustments to prevent a disabled person from being placed at a substantial disadvantage compared with others.

b) Conduct

Perhaps the most contentious cases are those where an employee has been dismissed for misconduct, whether it is a one off incident or the culmination of a series of incidents.

Examples of conduct that might be relied upon to justify dismissal are:

(i) Disobedience
(ii) Insubordination
(iii) Threatening or abusive language
(iv) Assault
(v) Harassment
(vi) Theft or fraud
(vii) Being under the influence of drink or drugs in the workplace

Often employers will set out examples of the type of misconduct that might result in dismissal in their disciplinary procedures.

In assessing the fairness of a conduct dismissal an employment tribunal may consider:

• did the employer genuinely believe that the employee was guilty of the offence?
• were there reasonable grounds for holding that belief following a reasonable investigation?
• was there a proper and fair disciplinary hearing?
• did the employer have sufficient regard to the employees disciplinary record and length of service?
• has the employer been consistent in how it has dealt with genuinely similar cases in the past?
• were alternatives to dismissal considered?
• was dismissal within a reasonable range of responses to the misconduct complained of or was it too harsh?

c) Redundancy

In general terms there are four main situations which will constitute a redundancy:

(i) Your employer is closing down the undertaking entirely; or
(ii) The employer is closing down the particular part of the undertaking in which you are employed; or
(iii) Your employer doing away altogether with the work that you are employed to do such that the job disappears in entirety; or
(iv) Your employer is reducing the number of people doing the work that you are employed to do

If you are made redundant then technically you will have been dismissed by reason of redundancy. It follows that an unfair redundancy comes under the category of unfair dismissal.
Even in cases where there is a genuine redundancy an employment tribunal might still find that you have been unfairly dismissed if:

(i) you have been unfairly selected for redundancy (particularly if the selection criteria were not objectively justifiable and were applied inconsistently)
(ii) there was been a failure to take proper individual and/or collective consultation before final decisions were taken
(iii) if there was a failure to take adequate steps to consider whether suitable alternative employment is available

d) To avoid contravening a statutory provision

In rare circumstances it might not be possible to continue to employ somebody without breaking the law.

This can be a fair reason for dismissal. However an employer should still consult fully with the employee before deciding to dismiss. For example it might be that arrangements can be put in places that overcome the difficulty.

e) Some other substantial reason

The final category is where the dismissal is for some other substantial reason such as to justify the dismissal of an employee holding the position which the employee held. This is something of a catch-all provision.

Examples are:

(i) Business re-organisation falling short of redundancy
(ii) The need to impose a restraint of trade clause
(iii) The need to impose a change in terms and conditions of employment

Remedies for unfair dismissal

If you win a claim of unfair dismissal, the employment tribunal will usually make an award of compensation or make an order for re-instatement or re-engagement.

Compensation

There are two main elements to compensation for unfair dismissal called the basic award and compensatory award.

In very simple terms, the basic award is roughly equivalent to a statutory redundancy payment and is calculated by reference to an employees age, length of service and rate of pay.

The compensatory award is generally broken down as follows:

a) Immediate loss of earnings for the period from the date of dismissal to the date of the Employment tribunal hearing.
b) Future loss of earnings
c) Loss of fringe benefits
d) Loss of statutory employment rights

confused

Captain_Mainwaring_2

(i)Disobedience
(vi)Theft or fraud


And in your case:-
(vii)Being under the influence of drink or drugs in the workplace

Because you are clearly unwrapped.

Monday morning:-

" 'scuse me guv, can I have next Friday and Saturday off?"

"Sorry Mate, too short notice, we've got a visit over the weekend"

Friday morning:-

"Hello Guv, it's me Mr. (lazy b4stard symptomatic of the general malaise that afflicts the UK), sorry Guv, my piles have dropped, I can't come to work, but I'll see you Monday though"


"Don't bother you lazy bag of poop"

You can sit on your pulpit all you like and spout rubbish, you have been measured and found wanting.

Captain_Mainwaring_2

confused31 wrote: »

I think his boss will know his employees rights..


confused

yep, he told him to take a hike.


I suggest you get yourself on a mission to China or India where europe's demand for cheap goods causes workers to work in cr4p conditions, leaving militant lazy british employees who bleat for time off because they cannot organise themselves properly, just waiting for the business to close and move to China, and send the warehouse floor cleaner down the road.

Round of applause, big clap for Confused, didn't you do well.

What the Government and cheap credit fueled greed hasn't finished off, militant lazy workers will.

confused31_2

Now i am chuckling to myself,youve lost the plot hehehehehehe

i)Disobedience hes folowing the law and not some boss who thinks he can make his own rules
(vi)Theft or fraud hes not getting paid for the time off and he qualifies for the time off has his kids are under 5

hehehe!!!!!!!!

i suggest you read all of it

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

confused

silvercar

Why would anyone want 3 young kids running round the house on moving day?

Captain_Mainwaring_2

silvercar wrote: »

Why would anyone want 3 young kids running round the house on moving day?

Easier to deal with than Confused I should imagine.

I've an idea, why doesn't Confused demand that the Boss look after the kids under the "I'm talking like a complete tw*t Act 2007" - that way everyone is happy, the kids don't get flattened by the removal van, nobody has to unduly worry about not making timely arrangements, and the boss slowly and surely goes broke because the bloody floor sweeper thinks he runs the place, makes the guy redundant, so he can have a whole lifetime with his feet up in his new house.

Everybody happy.

confused31_2

Captain_Mainwaring wrote: »

Easier to deal with than Confused I should imagine.

I've an idea, why doesn't Confused demand that the Boss look after the kids under the "I'm talking like a complete tw*t Act 2007" - that way everyone is happy, the kids don't get flattened by the removal van, nobody has to unduly worry about not making timely arrangements, and the boss slowly and surely goes broke because the bloody floor sweeper thinks he runs the place, makes the guy redundant, so he can have a whole lifetime with his feet up in his new house.

Everybody happy.

i dont think i will bother posting on theis subject again, ive just backed up my thoughts with facts and the law.

Obviously captain does not agree with the law, but thats his choice, to tell you the truth you are becoming very boring with your constant moaning amd stupid comments.

Why dont you get a micrometer or vernier and measure that small brain of yours.

confused

Captain_Mainwaring_2

That's a relief.

Run a leather over the Merc will you? rain has left it all water marked.

Mr_Stew

Captain_Mainwaring wrote: »

yep, he told him to take a hike.


I suggest you get yourself on a mission to China or India where europe's demand for cheap goods causes workers to work in cr4p conditions, leaving militant lazy british employees who bleat for time off because they cannot organise themselves properly, just waiting for the business to close and move to China, and send the warehouse floor cleaner down the road.

Round of applause, big clap for Confused, didn't you do well.

What the Government and cheap credit fueled greed hasn't finished off, militant lazy workers will.

If you are actually an employer (which I doubt from your posts) i'd be very worried if I worked for you. You are not fit to manage people, i'm guessing you are a trainee assistant manager at Phones4U.