Kieran_Burns

iTrader: (1)

Has this part happened?

Step 1
Statement of grounds for action and invitation to meeting
• The employer must set out in writing the employee’s alleged
conduct or characteristics, or other circumstances, which lead them
to contemplate dismissing or taking disciplinary action against the
employee.
• The employer must send the statement or a copy of it to the
employee and invite the employee to attend a meeting to discuss
the matter.

Because it sounds like it hasn't. The letters you've been given must lay out all the facts that they have, and must do so BEFORE the meeting.

Read that pdf mate, it makes great reading

ghg

B20

its gone a bit further than that now unfortunatly, and I am just going to duck out, I dont want to mess with them, ive already been told in very clear words be careful! this isnt a global company, father and two sons and there sons and daughters. its quite a big business money wise but its a well known family around here.

believe me id love to make them squirm as they have done to me, and also to plenty of people in the past, I just have my family to consider.

thanks though

george

stiscooby

errmmm........ I would want to know what I have supposedly done before I go handing my notice in!!

Brun

As above!!!

warrenm2

once again - dont hand your notice in! Go to the meeting - insist on having a recording or failing that someone with you, and point out its a little unreasonable for you to respond to letters when you're on approved holiday - it WAS an approved hoiday, wasn't it?

ghg

apparantly I didnt fill in a weekly defect sheet in correctly. (came from his son through another friend off the record) ive never actually been shown how to fill one in though im best out of it.

ive got 5 days to find something else as thats the holiday ive accrued. so ile have that in lieu of notice.

G

ghg

its difficult to explain, i can understand your point of view, but unless your in my shoes you cant see it how I am seeing it. I have been told not to threaten them with legal action them as they will send people round to sort me out as they have in the past!

mart360

i fail to see how that warrants dismissal!

dont hand your notice in until you get the facts!!

there relying on you to back down.

I fail to see how being a big company around here has any bearing on your case. if they are implying that it will become difficult for you or your family, then thats a job fof the bib. But you need proof, take a witness, and record your conversation


mart

nooobyscoooby

You could go sick with stress brought on by their illegal manipulation of the disciplinary procedures and that will give you a few days to get proper advice. Then, if you want to you can still hand your notice in but it will take you that bit closer to Christmas.

There are times to stand up and be counted and there are times to walk away . . . and this sounds like one of them. Yes it will rankle that the little sh*ts have got away with it, but you will have peace of mind. Good luck!

S2martin

I had something along these lines happen to me earlier in the year...

I worked for a large company in London for the last 6 years with a perfect work record but had about enough of the commute and hours so pulled the pin and moved to Dorset as i got offered a job...

Was there 4 months and i was on a shift break. (Fri to Mon back in on the Tuesday)

On my return got called into the office and was told due to damage being caused over the weekend i'm stopping all the repair money out of your wages!!!

I explained it couldn't of possibly been me as i was off all over the weekend.. so he said i don't care either pay it or your sacked... Well i was straight down to the CAB who advised me loads and told me that it is against the law for an employer to not give you a written contract as well as an outline of the grevience procedure etc by the time you have worked there for 3 months..

So it turns out even though i was employed the same amount of time as you the employment tribunal people accepted my case because they didn't follow the law regarding contracts and grievence procedures...Sort of like your boss..

Got my hearing in the new year and being a prat my last boss ignored the employment tribunals letter so it is a closed hearing with just me

Worth having a go isnt it? nothing to lose etc..

Mart

ghg

that sounds very similar.

thankyou for all the sound advice, I really do appreciate it

I am going to ring in sick in the morning and then goto the CAB and also ring ACAS to see where I stand before making any decisions.

right bed time for me have to be up at 5am to ring in sick lol

pslewis

Hmmmmm, I know what kind of company you are talking about. Better to hand in your notice and leave, take your leave and vanish ... move on, relax in the future security you will have secured.

Getting arsey with this type will just escalate, they ignore the law and will deliver their own justice ...

r32

Well I think leaving such a crap company is the best way out of this, forget the hassle just go find another job and good riddance.

cookstar

iTrader: (6)

Good luck today fella

tmo

dont just throw your ticket in, stick it out to see what avenue they take, if all else fails take them for constructive dismissal, harassment, discrimination. Improper working practices, intimidation. etc etc

An employee who resigns "in circumstances such that he is entitled to terminate [his contract] without notice by reason of the employer's conduct" is treated as having been dismissed (ERA 1996 s.95(1)(c) and ERA 1996 s.136(1)(c)). In such a case the dismissal will as a general rule be wrongful dismissal . It may also be unfair dismissal and/or dismissal by reason of redundancy (see ERA 1996 s.95(1)(c) for unfair dismissal and ERA 1996 s.136(1)(c) for redundancy cases).

The employer's conduct in such a case is termed a "repudiatory breach of contract" and the employee's resulting resignation will rank as dismissal, termed "constructive dismissal". Technically, the employee in that situation is said to have accepted the repudiation of the contract by the employer.

Of course an employee who resigns in other circumstances, perhaps simply because he decides to do so, is simply not dismissed at all and there can be no question of his having the right to bring a claim based on constructive dismissal (see for example Rofique v Governing Body of Turves Green Girls' School 2003 EAT on 9th December 2002 and/or Thorpe v Eaton Electrical Ltd, EAT on 6th December 2004). There can normally be no appeal against an employment tribunal's decision as to the reason for an employee's resignation (assuming that the tribunal could reasonably have come to its decision) as that is normally a question of fact not law (see O'Shea v Coventry City Council, EAT on 15th February 2005 and notes at Employment Appeal Tribunal/jurisdiction/fact or law? ).


Disclaw Publishing - Employment Law, unfair dismissal, redundancy pay


then move on and call our friends at

DWP
health & Safety Exec
Inland revenue

Ms Gooner 1

What goes around. comes around. I say leave and let the dust settle - then once your in new employment think of a suitable vengence! LOL - not that I hold a grudge!

DCI Gene Hunt

***** to them... they think they can push people around... naah, let them sack you then take them to a tribunal....

Or the next person through the door will suffer the same, teach them a hard, cold lesson now....

Gear Head

iTrader: (2)

Sorry to hear of this bud. As others have said already, you're best off out of it. But, insist that they havn't followed proper proceedures by not giving you a copy of them when you started.
Hope it goes ok.

ZIPPY

Sounds like a lovely family run business to me.........NOT.

Why on earth did you join them 4 months ago ?

With such a well known reputation for being ars#holes didnt you wonder what you may be getting into.

I know your now in a difficult situation but most of these '' Well known Families'' live off a reputation started and spread by themselves, in the majority of cases they are full of sh#t who may threaten and scare but have never actually done anything, except boast and tell tall stories.

Clarebabes

Makes me wonder why these companies take anyone on outside of their families if this is the way they treat people. I've worked for family businesses before, never again!

Hope it goes well and you get a satisfactory solution.

ghg

hi everyone. thanks again for all the comments.

yes I knew of some of their reputation before starting to work there, however a friend works there and he told me it wasnt that bad. as its literally on my doorstep it was worth a shot..

well today I confronted the director pre armed with the information I was given and had found last night, he was just an ****, and real nasty POS. so I just said as politely as possible, for him to stick his job firmly up his fat ****. and gave him my pre written letter stating that I would be leaving with immidiete effect and I would use any holidays accrued in lieu of any notice required.

that was at 10am, I have just had my starting time confirmed on the telephone for my new job which I start tommorow morning with a firm that has an excellent reputation for being fair! its a weeks trial but I am confident that I will get the job as I am very good at my job, and my reputation got me the job!

so hopefully all is going to end well

Kieran_Burns

iTrader: (1)

So just how do you go about politely telling someone to shove their job up their ****?

"Could you kindly please take your job and insert it gently into your rectal passage?"


Works for me!!!

What shade of purple did he turn?

ghg

I am starting to think you know who I worked for kieran?

he weent quite red and he was doing a lot of pointing and showing me his bad teeth. I laughed a little which wasnt probably the best thing to do and he really took a dislike to that, I just said you can stick your job I have well had enough of being treated like ****. heres my notice, do with it what you will.

2 phone calls later and I had a call from another company asking me if I wish to go and work for them

_RIP_

I think you're wasting your time. AFAIK unless you have been employed for at least a year then you have very few rights, certainly not the right to claim constructive dismissal and go down the tribunal route, unless it's for sexual, racial or H&S reasons etc. Perhaps I'm wrong but I've been told this in the past by many dodgy employers who regularly hire and fire.

_RIP_

The special grounds were the ones I mentioned.

Edit: Just noticed you've found another job. Well done

Kieran_Burns

iTrader: (1)

So you didn't paint your face with Woad and stand in front of him shouting "you can taaake awaaaay MA JOOB but Ye canna taaake awaaay MA FREEDOM!"

Then wiggle your bare **** in his face and do a runner...

God. How disappointing.

Knew who you worked for?? How could I do that?

Anyway, and being serious, Well Done and go out and enjoy yourself. Your laughter would've been the utter sense of freedom you DID feel at the time.

So you walked away from a sh*tty job smiling and straight into a good 'un. How cool is that?

Scoob99

iTrader: (1)

Well done that man Good luck with the new job george hope everything goes well mate
Cheers
Colin