Anybody Have Any Knowledge On Employment Law

[ryaldinhio 4,136]

 

Sadly i cant say the same geko

It's always worth having a good suit handy. You never know when you might need it, weddings, funerals, police interviews, magistrates court etc.

 

I'm sure there have been studies which prove magistrates court defendants in suits are dealt with less harshly than those in trackies and trainers. Mainly, because most magistrates are snobby twats who like to think they can look down on everyone from their elevated position on the bench.

 

The speaking thing is just practice.

Its amazing what appearance can do.

 

Also if what is said is delivered with confidence people listen.

[ryaldinhio 4,136]

 

Right guys, time to stop the band wagon. Everyone is saying this company broke procedures or broke rules without knowing the companies procedures.

I think you will find, unfortunately, that there is no specific procedure in law regarding dismisals. The law only states it must be fair.

It appears what they have done is given you a disciplinary with written confirmation. They should have given you prior notice and given you the opportunity to take someone in with you and your views should have been heard, again however I dont think this is law but 'guidance'.

From what you describe I would envisage they may be trying to squeeze some people out, as is often the case with a change of management. With this in mind I would advise you start a work diary and record everything. Also you need to object to the disciplinary in writing and (once you are sure they have not followed correct procedure) lodge a complaint about how it was handled, this will lead to them either recinding the warning or holding a meeting with you. At any future meetings take a pen and notepad and take thorough minutes ask for time to run through them to agree accuracy and to sign for that matter. Make it clear at the begining of the meeting that this is your intention.

Make no bones about it guys, a company can get rid of anyone at anytime, thorough records of procedings will simply help your claim case.

My biggest piece of advice, seek advice from an employment lawyer not a union. First half hour is free anyway.

All good advice, but use a voice recorder not a pen and paper. No law against recording conversations, and no need to tell the other participants you are recording them.

Check company procedures on this one.

 

There is no law against recording conversations in secret however they can only be used as evidence with the other parties consent OR if the judge rules it is in favour of the state that the recording be heard....unless you are being sacked as primeminister I doubt it is in the favour of the state.

 

That said even if not used as evidence it can be good for recalling exactly what was said.

[unlacedgecko 1,466]

 

 

Sadly i cant say the same geko

It's always worth having a good suit handy. You never know when you might need it, weddings, funerals, police interviews, magistrates court etc.

I'm sure there have been studies which prove magistrates court defendants in suits are dealt with less harshly than those in trackies and trainers. Mainly, because most magistrates are snobby twats who like to think they can look down on everyone from their elevated position on the bench.

The speaking thing is just practice.

Its amazing what appearance can do.

Also if what is said is delivered with confidence people listen.

It's the one of the secrets of leadership! Look smart and talk confidently. Unfortunately David Cameron doesn't seem to have learnt any of the others.

[tatsblisters 7,950]

things like this are happening all over management bullying and getting people on trivial warnings

IMO its a form of control over you.

[Greengrass 201]

 

 

I need some advice if possible, been dragged in by my line manager this afternoon and given a written warning for apparently standing around last Friday just before we knocked off. Been with the company 3 1/2 years and have never had one bit of trouble with them before this, great attendance record , no previous warnings for anything, so this has come out of the blue. Not just myself but 4 others were also given the same, at the end of my interview I was told I had to sign my written warning I asked if legally I was obliged to do this as I thought it was a load of nonsense and did,nt agree with it,my line manager said yes I legally had to sign it so I did but not before telling him I was,nt happy about it. We I need to know is did I legally have to sign it ?.

This warning lasts for 6 months, but the reason it was given was very vague...I have said to the manager to check the cctv cameras and he will see that none of us were standing around to any extent that would warrant a written warning.

Any help or advice would be really appreciated.

Cheers

My daughter is a employment law paralegal so she deals with things like this day in day out. Your details are too vague for any advice to be given. Don't take advice from THL advisor's because it is usually nonsense. Get some proper advice and describe everything truthfully.

Jessdale, could you not put him in touch with your daughter or her firm for some advice?

That would be great if possible Jessdale

[bell 3,504]

Iv worked at the same place for the last 16 years never had any warnings then last year I bought a flapjack from the works canteen and took it to my car on my break on the way to my car across the car park I had a couple of bites like I had done for the past 2 years since the new car park was put there like a lot of the other people that work there any way back to the flapjack the security officer on that day decided to film me eating it across the car park and reported me to HR cut a long story short I ended up getting a final written warning for it and kicked out of the Christmas draw you get entered if you don't have a day off all year also you get £500 lost that as well, it says in the hand book no food to be taken out of the canteen, I couldn't do f**k all about it

Greedy twat.

[jessdale 416]

 

 

 

I need some advice if possible, been dragged in by my line manager this afternoon and given a written warning for apparently standing around last Friday just before we knocked off. Been with the company 3 1/2 years and have never had one bit of trouble with them before this, great attendance record , no previous warnings for anything, so this has come out of the blue. Not just myself but 4 others were also given the same, at the end of my interview I was told I had to sign my written warning I asked if legally I was obliged to do this as I thought it was a load of nonsense and did,nt agree with it,my line manager said yes I legally had to sign it so I did but not before telling him I was,nt happy about it. We I need to know is did I legally have to sign it ?.

This warning lasts for 6 months, but the reason it was given was very vague...I have said to the manager to check the cctv cameras and he will see that none of us were standing around to any extent that would warrant a written warning.

Any help or advice would be really appreciated.

Cheers

My daughter is a employment law paralegal so she deals with things like this day in day out. Your details are too vague for any advice to be given. Don't take advice from THL advisor's because it is usually nonsense. Get some proper advice and describe everything truthfully.

Jessdale, could you not put him in touch with your daughter or her firm for some advice?

That would be great if possible Jessdale

Sent you a pm matey

[Greengrass 201]

Update on my. Own personal situation : about 3:45 this afternoon taken up stairs with my line manager to see the CEO and told that I along with two other drivers and our assistants were being suspended on full pay until a hearing in 3 days. Once the hearing is over I will be able to say what it's all about and believe me lads it is laughable, although the fact that the company is now going to employ 3 drivers and assistants from agencies is,nt. Written warnings to us all have been scrapped as the correct procedure was,nt followed yesterday....what chance do you have when they can do this at the stroke of a pen.

A clue to how trivial this is though...a line manager told the drivers the board of directors were coming in for a meeting and that someone would have to drive 150 yards up the road to get their soup and sandwiches, one of our own- workers in the shop said don't worry lads you get on with your jobs I ,ll collect it.

Which he did, when he took them into the meeting room he was asked why the vans did,nt bring it from the shop ?

CEO said it was our job and we have been charged with

UNreasonable refusal to follow an instruction issued by a manager or supervisor.

This after our co worker had offered to and had in fact collected the said soup and sannies, have you ever heard so much shite in your life lads.

[BGD 6,385]

Looks like they're trying to force you lads out without paying for redundancies Bit late now but this is when being in a union really pays off. Make sure you've got some kind of representation at the hearing pal even if it's just someone you know that can talk with confidence, maybe take unlacdedgecko up on his very kind offer. Atb pal really hope it works out for you

[tatsblisters 7,950]

FFS and i thought they were petty were i work this is behond a fekin joke. I also bet if it wasent for these Agency who they can use in some cases to blackmail the workforce non of this would have come to light.

Edited May 17, 2016 by tatsblisters

[Greengrass 201]

It's pathetic lads, I,m married mortgage and two kids, two other guys in relationships with kids, one single , and two paying child maintanence, you would not believe what this CEO is like I think she is is trying to outdo thatcher in the c**t stakes....if we all go that will be over twenty sacked by her in the last two years...there are only 40 or 42 in the whole f***ing company

[tatsblisters 7,950]

I would be very wary it was the same at city link before it went tits up senior management doing their up most to get lads sacked for feck all.

[BGD 6,385]

It's pathetic lads, I,m married mortgage and two kids, two other guys in relationships with kids, one single , and two paying child maintanence, you would not believe what this CEO is like I think she is is trying to outdo thatcher in the c**t stakes....if we all go that will be over twenty sacked by her in the last two years...there are only 40 or 42 in the whole f***ing company

 

c**t will probably be getting a nice fat bonus for cutting costs

 

Really do feel for you pal, no one needs that stress.

[Greengrass 201]

Mrs going mad BGD, she is stressed to the max, and unnderstanably so, I,ve got to try to be upbeat for her , if the worst comes to the worst I fully understand I,m not the first and won't be the last, hey there are worse of families all over Britain and Ireland. I won't take it lying down , I could,nt it let it lie at that though, not for my own piece of mind.

[ryaldinhio 4,136]

greengrass did you get a copy of your companies procedures fella? If not you need to today. Go see a solicitor dont waste ur time with union.

 

keep your powder dry fella. dont be emotive and talk factual. record everything. and make it clear in the meeting that you do not accept the disciplinary and will be followong company grievance procedures.

 

Unfortunately I would say that if this is the CEOs doing then the writing is on the wall mate amd itll just be a case of what you receive in terms of settlement. Not bringing sarnies wont stand up as gross misconduct however unreasonable refusal to follow instruction will be so upon any warning make sure it is recorded what they are stating the refusal is/was.

 

Also they should have retracted the written warning in writing. if they havent then ask for it and make sure you do not lose both letters. that evidence alone will wrap up the constructive dismisal case and get you paid out in court.

 

If you play smart you may be able to work am inflated pay off now, thats what I would be goin for. I certainly wouldnt want to be trying to save my job there anymore and work somewhere Im not wanted. Thats just personal opinion tho fella.