Employment law

[siclean]

HI.... anybody well up on employment law on here

 

[itszamora]

I know a little bit through being self-employed and my dad being an employer, but I'm sure there are many more qualified than me on here.

 

[Lord Bracknell]

HI.... anybody well up on employment law on here

I've got a job. They've never managed to sack me.

Does that count?

 

[siclean]

ok simple question.. i was sacked for conduct and failing to move forward.. not gross- mis conduct but general conduct..after 4 yrs service..had 1 verbal previously.... have submitted e t 1 form to tribunel for unfair dismisal.. employer is refusing to pay me any notice pay..saying they dont have to as they terminated my employment..i say i should be paid the 3 weeks stat length service notice pay... so who s rightr ??

 

[bhaexpress]

ok simple question.. i was sacked for conduct and failing to move forward.. not gross- mis conduct but general conduct..after 4 yrs service..had 1 verbal previously.... have submitted e t 1 form to tribunel for unfair dismisal.. employer is refusing to pay me any notice pay..saying they dont have to as they terminated my employment..i say i should be paid the 3 weeks stat length service notice pay... so who s rightr ??

What is the notice period in your contract ?

 

[Lord Bracknell]

ok simple question.. i was sacked for conduct and failing to move forward.. not gross- mis conduct but general conduct..after 4 yrs service..had 1 verbal previously.... have submitted e t 1 form to tribunel for unfair dismisal.. employer is refusing to pay me any notice pay..saying they dont have to as they terminated my employment..i say i should be paid the 3 weeks stat length service notice pay... so who s rightr ??

I've certainly known cases where the legal advice given to the employer is that a dismissal needed to be accompanied by a payment in lieu of notice in order to avoid an allegation of wrongful dismissal being upheld at a tribunal.

Unfair dismissal is not the same thing as wrongful dismissal, of course. You may have a claim for wrongful dismissal, even though it was fair.

And the employer will need to satisfy the tribunal that the statutory three-step dismissal procedure was followed - a letter / a meeting / a right to appeal.

 

[itszamora]

ok simple question.. i was sacked for conduct and failing to move forward.. not gross- mis conduct but general conduct..after 4 yrs service..had 1 verbal previously.... have submitted e t 1 form to tribunel for unfair dismisal.. employer is refusing to pay me any notice pay..saying they dont have to as they terminated my employment..i say i should be paid the 3 weeks stat length service notice pay... so who s rightr ??

I would guess it depends on what grounds exactly they've sacked you. How long ago was the verbal warning? I was under the impression (could be wrong though) that you had to have a written warning prior to dismissal.

 

[siclean]

no written warnings at all, just one verbal back in june, my contract says one weeks notice either way, but there is a stat notice that everybody gets.. for length service.. unless its gross mis-conduct..for which i have nt been sacked for !!!

 

[Hatterlovesbrighton]

What sector do you work in?

 

[bhaexpress]

no written warnings at all, just one verbal back in june, my contract says one weeks notice either way, but there is a stat notice that everybody gets.. for length service.. unless its gross mis-conduct..for which i have nt been sacked for !!!

The law is quite clear here, unless it was for 'Gross Misconduct' they cannot legally sack you for just a Verbal Warning. You should have had a Written Warning before termination. It does rather depend on the details of your dismissal though.

You should contact your local Citizen's Advise Bureau.

 

[siclean]

What sector do you work in?

cleaning.. i did mobile cleaning for company that fired me, do part time bus driving as well

 

[Tim Over Whelmed]

PM me I may be able to help

 

[siclean]

The law is quite clear here, unless it was for 'Gross Misconduct' they cannot legally sack you for just a Verbal Warning. You should have had a Written Warning before termination. It does rather depend on the details of your dismissal though.

You should contact your local Citizen's Advise Bureau.

my termination letter reads ...i have terminated your employment due to your conduct following complaints ....not carrying out a previous instruction and failing to move forward... although at my disaplinary hearing i was not shown any evidence of complaints or other, and was neither allowed to show any my greivance letters or paperwork..as woman holding meeting was running late and i quote " did not have time to "

 

[fosters headband]

my termination letter reads ...i have terminated your employment due to your conduct following complaints ....not carrying out a previous instruction and failing to move forward... although at my disaplinary hearing i was not shown any evidence of complaints or other, and was neither allowed to show any my greivance letters or paperwork..as woman holding meeting was running late and i quote " did not have time to "

Was you allowed a witness to attend your hearing?

 

[itszamora]

my termination letter reads ...i have terminated your employment due to your conduct following complaints ....not carrying out a previous instruction and failing to move forward... although at my disaplinary hearing i was not shown any evidence of complaints or other, and was neither allowed to show any my greivance letters or paperwork..as woman holding meeting was running late and i quote " did not have time to "

It's beginning to sound a bit like you've been stitched up, as others have said go to the CAB.

 

[maffew]

sounds a bit iffy to me
no offence, but in a cleaning job, what does "not moving forwards" mean, and I dont mean which way the hoover is pushed

 

[siclean]

Was you allowed a witness to attend your hearing?

worked alone.. . anyway the judge at the tribunel with decide my fate..thats if the company dont decide to settle out of court...

 

[beorhthelm]

..as woman holding meeting was running late and i quote " did not have time to "

i dont think you need any formal advice to tell you that they have screwed their process (or thier process is screwed) and you'll have a solid case for a tribunal.

 

[Norman Baker suck my lozenge]

my termination letter reads ...i have terminated your employment due to your conduct following complaints ....not carrying out a previous instruction and failing to move forward... although at my disaplinary hearing i was not shown any evidence of complaints or other, and was neither allowed to show any my greivance letters or paperwork..as woman holding meeting was running late and i quote " did not have time to "

Surely if You are a part time bus driver You must accept You need to move forward.