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Old 16 May 2004, 12:27 AM
  #271  
Dream Weaver
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Feckin idiots whoever this company was you worked for.

Tim, remember its a job, no point getting a headache about it, and **** them all. Typical of businesses in this country, exactly why the UK is in such a state.

Chin up, and let us all know if you need any help - I will gladly drive down to your ex-works if need be
Old 16 May 2004, 12:56 AM
  #272  
jods
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Talking

1497....

Counting down
Old 16 May 2004, 01:39 AM
  #273  
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Way to go Network Admins! Hah, and they laugh at the geek boys, you are own all their bases.

Good luck dude.
Old 16 May 2004, 01:45 AM
  #274  
sti555
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**Mini update**

Have just met with a couple of the other managers who were unaware of the situation and outcome... their very angry and going to look into things tommorow.. may help?

Also contacted Number 2 in command who is contacting me tomorow..

Anyway, my gut feeling is that you are upfront, and I do feel for you. All this "take them to the cleaners" stuff aside, you probably must feel ****ty about the way you were treated
Yep exactly how I feel mate

From what I gather this incident is really causing a rift within management, also they have a crappy IT company in who are unable to restore network connectivity for the wireless clients so are installing cable systems instead! the site is massive!- makes me laugh, they cant find my access points hidden away or any of my cabling -what a waste of money as the site is in the process of being moved to smaller premises..

Also sales down 35-40% company wide perhaps I'm part of a cost cutting chop as I first thought and all this was an risky excuse for them to try and make me redundant for little outlay

Thanks everyone
Old 16 May 2004, 07:20 AM
  #275  
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Been following this form the start Tim, I'm sorry it's turned out like this for you. Every company has it's share of muppets, unfortunately your ex-company seems to have them in positions of power. It took them long enough to come up with the wrong decision, so even if these other managers kick up a fuss I can't see them going back on it. The only way it could happen was if the chief muppet concerned quit the company, but what chance of that ?

Good luck with getting a better job with a lower muppet-count company !
Old 16 May 2004, 03:10 PM
  #276  
Brendan Hughes
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AIUI, now you're dismissed, if they want you back, contract negotiations have to start afresh between you.

You're going to have some fun there
Old 16 May 2004, 08:28 PM
  #277  
Gus M
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Tim,

Best wishes for the forthcoming week. This farce must be very difficult for you.
Old 16 May 2004, 09:45 PM
  #278  
FrenchBoy
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Tim,

been following this one from the very start. My company has sacked many complete @rseholes in its time, i mean we are talking cheating scum of the earth, and its unbeleivable how many of the ***** have taken us to tribunal and won substantial awards!!

so if those lazy thieving skiving workshy b'stards can win, you stand to win the lottery mate!!!!!

I really hope it all works out for you, and i hope its resolved quickly without dragging out for too long.

Cmon the IT boys!!!
Old 16 May 2004, 10:33 PM
  #279  
sti555
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Thanks everyone

I have made a list of everything I need to sort out tommorow, it's gonna be busy..

Not got much to report really, the No 2 called me today for an off the record chat that lasted over 1.5 hours

Txt my guy on the inside earlier to see if he had any news and he said "sort of" will find out tomorow no doubt.

Decided I dont want to work for the ***** anymore regardless and they have probably done me a massive favour long term, looking forward to the future tbh, hopefully will get some cash for all my hassle.

Also realised I'm allergic to gearbox oil, my arm is covered in a rash! lol!

Will keep you posted after speaking to the lawyer in the morning

Thanks again

Tim
Old 16 May 2004, 10:51 PM
  #280  
Brendan Hughes
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Exclamation

Originally Posted by sti555
Not got much to report really, the No 2 called me today for an off the record chat that lasted over 1.5 hours
You didn't tell him the codes, did you?
Old 16 May 2004, 10:59 PM
  #281  
sti555
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Nope, cant tell em what I dont know
Old 16 May 2004, 11:54 PM
  #282  
Steve PPP
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Thumbs up

Just wanted to wish you luck, I think your employer has acted in a very shabby and frankly stupid manner, you sound like you are invaluable to the running of their whole company, but they are too stupid to realise it!

Now it's your turn to make their life hell. As an employer myself (not in IT) I cannot believe the way you have been treated, and all for protecting your Scooby! LOL.

Please name and shame the company when all this is over.
Can you say what line of business thay are in?

Again best of luck.

Steve W
Old 17 May 2004, 12:28 AM
  #283  
sti555
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cheers steve,

I wish now I did act in a 'disgusting' manner towards said ******* least I would of been sacked for a reason

employer was in retail and probably the largest in the field, as you only in Newcastle you will know them, they advertise on the local radio station all the time..

what a way to go, worked there since 1995
Old 17 May 2004, 10:28 AM
  #284  
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Outrageous totally unbelieable I am so shocked that they have sacked you I can't see that they can have a leg to stand on in court.

Sorry to hear about it
Old 17 May 2004, 11:43 AM
  #285  
ariel
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Give them hell Tim.
Good luck in finding a new job.
Old 17 May 2004, 11:59 AM
  #286  
the moose
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Sadly, this is exactly what I thought might happen.

The best thing you can now do is ensure that you follow the appeals process to the letter, and ensure you are properly represented. Don't do or say anything rash, but make it totally clear to them that you're deeply upset by this, will contest it, and will not let it lie.

The costs to them of going to tribunal are massive, and will take a good deal of management time to fight. As a consequence, they'll try to avoid it, probably with a pay-off offer.

Good luck with it.
Old 17 May 2004, 06:49 PM
  #287  
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worked there since 1995
Not exactly a job-hopper then Hmmm, I bet you cared about your job... it makes their reaction seem even weirder.

Are you sure there's not something else playing in the background ? Family of yer big boss needing a job like yours ? Some revenge dish served cold etc.. ?

Otherwise, it just doesn't make any sense at all.

Anyway, good luck
Old 17 May 2004, 07:21 PM
  #288  
sti555
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Evening, had a reasonable day, managed to sort of the solictors and apply for loads of jobs, although the first two applications have come back from last week as a no no, apparantly the roles are only fairly junior and they wont consider me

The other staff members involved have not been there any considerable time, out of the 150 or so employees only a handfull have longer service than me...
Theres no reason for them to take this route, no bad feelings from the past etc.

My man on the inside just popped round and said the guy investigating (who has been there 3 months) if I had admitted to being hot headed and "losing" it they would of kept me on and just sent me to anger management! ffs! I need it now

Oh well lets wait and see what happens

Thanks
Old 17 May 2004, 07:35 PM
  #289  
imlach
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Originally Posted by sti555
the guy investigating (who has been there 3 months) if I had admitted to being hot headed and "losing" it they would of kept me on and just sent me to anger management! ffs! I need it now
I wonder, given the new-hire status of the investigating person (is he in HR?) is perhaps just following the rules?? Being new, he may want to be seen to be following the correct process?

It all seems like someone is following procedure too closely.

If, as you say, you were just protecting your own personal property (as most companies accept little liability for personal cars parked in the car park - so seems justified), and the police have not taken it further, nor the 3rd party, you should be fine.

Yes, you may have been in company uniform, but surely a tribunal would not expect someone to change out of uniform before going to check if their own personal property was ok.

FYI, we had some ******* nicking bikes out of our company bike shed last year. Someone rugby tackled one of them, and held them until the cops arrived. NO-ONE in the company was disciplined!! Why would they be?

We had a similar incident with 2 ******* in the changing rooms of our work sports centre who were nicking stuff. Again, same thing - employee spotted them, and held them until cops arrived. One of them started crying Again, no-one from the company was disciplined.

Both the above seem similar. If someone is attacking your own personal property, a degree of anger/rage is to be expected.
Old 17 May 2004, 08:17 PM
  #290  
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Tim- I do think you are wrong in having any off the record or otherwise chats with anybody from the company now.

I'm sure your brief will tell you the same.

Trust nobody at that firm, harsh but true.
Old 17 May 2004, 08:24 PM
  #291  
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I would say that you are in a very strong position, reports based on the cases of the two swearing gardeners are pasted below. In Wilson v Racher 1974, the solitary outburst was also taken in the context of a history of years of competence and diligent service with no blemishes and the level of provocation was taken into account.

Whilst they relate to outburst towards the employer, the reasoning can be applied to an alleged outburst towards a member of the public. The Racher case, as stated below, is viewed as the modern test and the appeal for unfair dismissal was found in the employEE's favour.

Good luck
IanF


"In dealing with employment law, I am always insistent to say that the courts should move on. Although they still cite Turner v Mason, they do move on. But the question is—one could put it as a sort of quiz—in which of the following cases in 1969 and 1974 did the misconduct justify the dismissal? I see that Members of the Committee are agog to know the answer. It is the case of two swearing gardeners.

In 1969, an employer and his wife returned from abroad and found that the garden was in a terrible state. The gardener was in a rebellious mood and the law report discloses that he refused to obey any of their orders, saying, "I couldn't care less about your bloody greenhouse or your sodding garden". In Pepper v Webb, was that sufficient in the light of all the circumstances to justify his dismissal? "Yes", said the Court of Appeal.

That precedent was cited and relied upon in 1974, in the case of Wilson v Racher, where the head gardener, the law report discloses, gave vent to oaths which were even more fearsome. I spare noble Lords' blushes by saying the most quotable response to the employers' instructions was, "Get stuffed". He was at the time working with an electric hedge cutter in the rain and feared for his electrocution. He was goaded and shouted at and his language, said the Court of Appeal, was grossly improper. But, it said, it was not something which deliberately flouted the contract's essential conditions. And that, of course, has become the modern test. "
Old 17 May 2004, 10:01 PM
  #292  
sti555
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Thanks for the latest info and advice, some handy points raised, appeal letter done and will be sent tommorow

Old 18 May 2004, 12:47 PM
  #293  
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Sorry to hear the rest of the sad story. It all looks to an outsider that someone in the firm has got it in for you personally. I think your treatment has been disgraceful and I really hope that you find a good alternative job and that you are able to take the firm to the cleaners for constructive dismissal.

Les
Old 19 May 2004, 11:11 AM
  #294  
sti555
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**Update**

Sent the appeal letter in yesterday..

Just got a letter in the post this morning, appeal hearing is to be held Monday at 10:00


Got a job interview tomo afternoon which is nice, more job hunting *sigh*

Cheers

Tim
Old 19 May 2004, 11:04 PM
  #295  
jods
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Cool

Appeal as that is the correct procedure. At this stage you should seriously consider taking a representitive with you. Also request a transcript of all the minutes of the disp meetings.

One thing you may not be aware of

In line with the data protection act. You are legally entitled to ask the company for copies of all communications within the company that mention you by name.

This will give IT / Legal / HR the mother of all headaches.

It would be rude not to do it
Old 19 May 2004, 11:11 PM
  #296  
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Originally Posted by jods
In line with the data protection act. You are legally entitled to ask the company for copies of all communications within the company that mention you by name.

This will give IT / Legal / HR the mother of all headaches.

It would be rude not to do it
Nice Ya gotta do it Tim

Been keeping up with this thread - all the best mate!
Old 20 May 2004, 06:48 PM
  #297  
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Exclamation data protection act

Tim,
It's a good idea to do the data protection act thing, I did it and gots lots of rubbish but a few small "pearls".

What you should do is send in a letter (probably to HR) with wording like this:

Dr XXX,

Please accept this letter as a formal request, under section 7 of the Data Protection Act, to see copies of ALL information held by xxxx about me.

Of particular interest are:

All evidence and documentation relating to the scoring and subsequent selection for redeployment.
My appraisals and comments to date
All other documents, transcripts of conversations, meeting notes and minutes held on file relating to me.
Copy/copies of my contract of employment, pay reviews, etc.

I will send to you a copy of my (Passport and company ID card) as proof of identity along with the cheque for £10 to cover the fee.

The address to send the information to is:

xxxxx.


To assist you with your search I have outlined below who my Line managers and HR representatives are/were and the approximate dates and locations they occupied.

Date Manager HR Manager
August 2002/present xxx xxx
April 2002/August 2002 xxx xxx
Early 2000/April 2002 xxx xxx

I understand that you are allowed a statutory period to produce this information but I am equally aware that failure to comply allows me the right to complete a complaint form from the DPA.

Should you have any questions and in order to speed this process up please feel free to e-mail me.

Many thanks
Darren.
Old 20 May 2004, 07:01 PM
  #298  
sti555
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thanks chaps,

Darren do you think I could also request copy of the CCTV of the incident in the same letter?

Had my interview this afternoon, bit of a nervous start but came away happy with my performance, seemed a really nice bunch tbh, fingers crossed

Time for a pint to celebrate
Old 20 May 2004, 07:34 PM
  #299  
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Originally Posted by sti555
thanks chaps,

Darren do you think I could also request copy of the CCTV of the incident in the same letter?

Had my interview this afternoon, bit of a nervous start but came away happy with my performance, seemed a really nice bunch tbh, fingers crossed

Time for a pint to celebrate

Can't see why you shouldn't.

Darren.
Old 20 May 2004, 08:11 PM
  #300  
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Tim,
All the best with the appeal on Monday.

I like many have been reading this thread mortified at the way your ex company have been acting.
I am astonished by their lack of compassion and understanding.
A caring sharing company they most certainly are not.

Cheers
MTR


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