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Vicki
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15-09-2008, 12:37 PM

Barry was "sacked" on Friday!

Baz was given a weeks notice on Friday, with no verbal or written warning.

I believe this is illegal. Am I right?

He is PAYE.

He was sent to a second job and couldn’t get parked. He told his supervisor (by text as he was in a meeting) who was less than sympathetic. It was 2.30, and Baz went home after texting his supervisor again to let him know.

I'm pretty sure he has a case for unfair dismissal. I've checked the CAB website (which is brill, BTW) and it all looks good in his favour.

The supervisor stupidly told Baz this morning that the company needed to lose some men.

Not my husband, and not on my watch, matey.
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Shona
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15-09-2008, 12:40 PM
what reason did they give for sacking him? was it gross misconduct?
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Vicki
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15-09-2008, 12:42 PM
Originally Posted by Shona View Post
what reason did they give for sacking him? was it gross misconduct?
They didn't give a reason as such, but basically it's because he didn't attend the second job.

Not sure what he's supposed to do in situations like that, but trying to get parked up in London on a Friday afternoon at 2pm has got to be nigh impossible.

Perhaps they would have been happy if he's strapped the motorbike to his back and worked like that!

Plebs!
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Shona
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15-09-2008, 12:42 PM
1} Dismissal for misconduct after receiving previous warnings for misconduct.


2} Gross misconduct dismissal that only requires one event which if it amounts to gross misconduct is capable of giving a ground for dismissal on this basis.

if they have said gross misconduct, no prior warning is needed
that said they would need to prove his actions were that of gross misconduct.
hugs hun
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Vicki
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15-09-2008, 12:44 PM
I'm delighted to say that neither of the above apply.

Hateful w*nkers.

As you can tell, I'm a tad miffed........

x
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Shona
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15-09-2008, 12:44 PM
Im pretty sure, but dont quote me, you wouldnt be given a weeks notice with gross misconduct though. You may be given notice but you wouldnt be asked to work it, if you know what I mean
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Lionhound
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15-09-2008, 12:51 PM
Sorry, no advice to give but go get them

Good luck x
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RRmum
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15-09-2008, 12:56 PM
Vicki - that is awful - so sorry.

I have no advice about this I am sorry, but it does sound like they are trying to off-load people without the need for redundancy and are probably looking for the smallest excuse.

I am sure you will be able to get some good advice and hopefully can get a result.

((Hugs))
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Hali
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15-09-2008, 12:59 PM
Sorry to hear this Vicky.

I have a strong feeling that the company are going to regret this though.

I'd bet tempted to get Baz to write a letter stating that he is going to take action for unfair dismissal; that might get them to either reinstatement him or give him a generous pay off (it is likely to cost them a packet if he wins in court).

However employment law is so complex these days, I really think it would be better for him to speak to a solicitor who specialises in employment law - they will see that he gets the best deal going.
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Vicki
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15-09-2008, 01:05 PM
Originally Posted by Hali View Post
Sorry to hear this Vicky.

I have a strong feeling that the company are going to regret this though.

I'd bet tempted to get Baz to write a letter stating that he is going to take action for unfair dismissal; that might get them to either reinstatement him or give him a generous pay off (it is likely to cost them a packet if he wins in court).

However employment law is so complex these days, I really think it would be better for him to speak to a solicitor who specialises in employment law - they will see that he gets the best deal going.
Thanks Fiona. I've already told them by email:

I am currently instigating “Unfair Dismissal” proceedings against you on behalf of the above person. His supervisor is Steve Gray.



You have given him a weeks notice with no verbal or written warning. This is illegal.



Tribunal Claims will be in touch in due course.



Regards


I know the email has been delivered as I asked for proof of delivery.

I've also sent the details to Tribunal Claims to see what they say.

If he needs a solicitor, believe me, we'll be getting one.

I'm so angry, I could spit.
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