• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

unfair dismissal and victimisation

Collapse
Loading...
This thread is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • unfair dismissal and victimisation

    hello everyone

    i am new here and was wondering what advice you would be able to give to me in regards to the following story

    my father works for a cleaning agency and as done so to the best of his ability for many years he has been a loyal servant and his attendance and time keeping are second to none.the agency my father works for has a contract with a business of which my father goes to and performs his cleaning duties he has done this for 4 years or so.everything has been fine so far,but a couple of weeks ago he was waiting on the car park early in the morning for someone to come and open up and was strolling about when suddenly he disapeared down a man hole which was neither visible or signed as to say there was a danger he hurt himself quite badly bruising to his ribs pain in his ribs and legs and lots of bruising had it not been for him keeping one leg above the manhole he would have gone straight in goodness knows how deep as he said his fallen leg had not even touched any form of bottom surface he still has a lump on his leg even now from over two weeks ago.anyway he called on my brother to go to help him as no one was around and asked him to bring him a change of clothes as he was soaked through.when someone did arrive to open up he reported the incident to a member of staff who had him fill in the accident log.he also contacted the cleaning agency to report it also but his manager was away so he left a message with a staff member who said "she was going to pass the message on"my father wasnt happy about the incident but despite pleas from family and friends to take the matter further he decided not to as he was in fear that any sort of stand off against the company hes worked for for four years may turn nasty and find ways of dismissing him.on monday of this week my father got a phone call from his manager at the cleaning agency saying "i have had a complaint from one of the companies you clean for (the one where he had the accident)they have made an accusation that you have been seen smoking in a non smoking area of the grounds"my fathers answer was "ive never smoked in my life i dont even drink"the manager then says "well do you smoke anything else "heaven knows what she meant by thay but my father replied "no like ive said im 57 years old and ive never smoked in my life"in which he dosent he hates the habit.anyway that was that and it got him so upset that it brought him to tears as ive also just discovered that over the past few weeks the manager has been quite intimidating towards him and making his job hard by purposely locking doors he knows my father will need to enter to do his job.anyway ive just received today a phone call from my father today upset because he has just been told that he as been fired from the business he cleans for (.......again the one where the accident occured) he as got to attend a meeting with his main cleaning agency employers tomorrow who have information in a letter from the business he cleans for as to why he has been dismissed but my father cant think of any reason whatsoever he said to his employers "is it because of the accident that happened"and his employer the mananger said"what accident i dont know of any accident"so the staff member he called whilst she was away failed to pass the message on.but why didnt the business he cleans for contact them about this.family and friends are starting to believe that the accident is a big factor in this as they think cctv footage may have been seen and they want him gone before he can make anything of it.but now he is taking this right the way through for what they have done to him.i will keep you posted on events as they happen any help or info would be great sorry its been so long winded

    take care

    nairda12:cry:

  • #2
    Re: unfair dismissal and victimisation

    Hi Nairda

    Just so I can get this correct.

    Your father works as a full time employee for a cleaning agency that do contract work.

    or/ Your father works for a cleaning agency as a temp and has been with that same agency for four years working for several main clients?

    Primarily your father needs to see a copy of the letter from the firm making the allegations.

    As this will be his first view of the letter, I'd recommend that if he is shown it at a meeting, he should read it and then ask to be given time to contemplate the allegations. If all the allegations in the letter are false then he should ask what his managers intentions are and not try to get into a complex verbal debate until he has had some proper advice. Let us know what is said. Make sure he asks for a copy of the letter to take away.


    I wish him luck in his meeting tomorrow.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

    Comment


    • #3
      Re: unfair dismissal and victimisation

      thankyou celestine for your reply my father works for a cleaning agency on a permanent contract and goes out on contracts to other firms.mainly businesses like offices and so on.

      he has been today to see his main cleaning employers who read him the letter that was given to them by the company that sacked him and the letter went something like this

      "i the manager of x came into work today and parked my car on the car park as i was walking past mr x he was smoking on the car park i noticed a funny smell to the smoke as i got closer the smell got very strong and i could tell that mr x was smoking cannabis" im sorry but what a load of ******** my father dosent even smoke let alone cannabis the only thing he grows is bloody tomatoes in the green house.also my father has stressed that this manager didnt walk towards him he was walking away from him,could someone shed some advice on this matter my father is now seeking legal advice

      thanks evryone

      back soon

      ps also his main employer has urged him to seek legal advice and have said this is not any of there doing and said they will stand by him on this.
      Last edited by nairda12; 13th August 2008, 14:27:PM.

      Comment


      • #4
        Re: unfair dismissal and victimisation

        Well that's good news that his main employer are supporting him. That was the key thing that worried me.

        Clearly the firm that dispensed with your dads services were highly concerned about the accident your dad had with the open man hole cover. The HSE would throw the book at them for such a blatant breach of H&S.

        What they don't realise is that your dad was unlikely to start a huge complaint, especially as the reporting of the accident was mishandled and therefore not recorded.

        As for the drug allegations, I would recommend that your dad visit his GP and ask to be drug tested. This will provide categoric proof that the complaint was false. That could be the basis of some form of complaint against the firm. However, presumably the contract is lost and I can't see how that issue can be repaired at present. Not that I imagine your dad would ever wish to return anyway.

        Good luck
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          Re: unfair dismissal and victimisation

          Presumably, since he has been dismissed anyway, he is now going to pursue them for the breach of health and safety?

          Comment


          • #6
            Re: unfair dismissal and victimisation

            thankyou cetelco and celestine for your positive comments and help he is gonna pursue but because he has never had this happen to him before and he has been fortunate enough to not ever have to call on the help of a solicitor could you give us some tips on how to approach this please

            thankyou

            nairda12

            Comment


            • #7
              Re: unfair dismissal and victimisation

              Hi Nairda.

              Firstly I think it is your fathers duty to report the accident to the Health and safety executive, that can be done via this link.
              http://www.hse.gov.uk/riddor/index.htm

              I think they are trying to get rid of him on the cheap and cooking up alligations of drug taking, so get his GP to run a test, to prove he does not do drugs. Then sue them for damages and unfair dismissal.

              Good Luck,
              Hod.
              Borrow money from a pessimist -- they don't expect it back.

              Comment


              • #8
                Re: unfair dismissal and victimisation

                A good place to start is here, with the Association of Personal Injury Lawyers.

                The Association of Personal Injury Lawyers (APIL) is an association of solicitors who are experienced in personal injuries work. APIL can be contacted at:

                11 Castle Quay
                Nottingham
                NG7 1FW

                Helpline: 0870 609 1958
                Tel: 0115 958 0585
                Fax: 0115 958 0885
                Email: info@apil.com
                Website: www.apil.com

                However, from what you have written above, your Father was not badly injured, which although is a good thing, does mean any compensation may be limited.

                Contact the above organisation and they can advise you further.

                If you need further help with the employment side of things, then come back here and we can advise further, but in the meantime, do as suggested above and have your Father visit his GP in order that these drug allegations can be dismissed.

                Comment


                • #9
                  Re: unfair dismissal and victimisation

                  As advised in previous posts tell your father to have a drug test carried out, the sooner the better.

                  Cannabis is stored in the body in quite a unique way compared to other drugs, and its storage also varies a lot between different people. For a single use, it is eliminated from the body relatively quickly (within a couple of days). However if you are a regular smoker, the THC (the active ingredient in cannabis) actually accumulates in your body's fat cells and can take a long time to be broken down and metabolised (up to 90 days by urine test).
                  Also........
                  Traces of drugs may accumulate in your hair after use. Hair testing can provide a history of your drug use because these traces may be present in your hair follicles. The length of your hair will determine how far back drugs might be traced (hair grows at approximately 1 centimetre per month). Hair testing is the only reliable method used at the moment that can detect drug use beyond a couple of days or weeks. Not many countries use this method, however, because of the cost and technology involved.
                  The results of the tests are vital in his defence.
                  Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                  IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                  Comment


                  • #10
                    Re: unfair dismissal and victimisation

                    IF he is a member of a union, they will support him in this. I had a family member who was accused of drinking on the job and the union where great.

                    Comment


                    • #11
                      Re: unfair dismissal and victimisation

                      I would suggest that he contacts ACAS - Acas - How can we help?. Tell them he is an employee seeking advice (which is free).

                      Can you post details of his employment contract with his employer on here? Omit any personal data such as name, address etc and I'll try to advise you further.

                      Kind regards.

                      hlg43

                      Comment


                      • #12
                        Re: unfair dismissal and victimisation

                        hi folks could someone join me in chat to discuss this please

                        thanks

                        Comment


                        • #13
                          Re: unfair dismissal and victimisation

                          Originally posted by nairda12 View Post
                          hi folks could someone join me in chat to discuss this please

                          thanks
                          I was in and you left.

                          Comment


                          • #14
                            Re: unfair dismissal and victimisation

                            Hi, do try to post any further details ie specific contract details - can you scan in employment contract, but leave out personal details?

                            I'll really try to help, but need more to go on re original contract and I do not understand how he could have been "sacked" when as I understand it, his employment is not actually with the firm that he was contracted to by his employer - or am I missing something here?

                            HLG43

                            Comment


                            • #15
                              Re: unfair dismissal and victimisation

                              Originally posted by nairda12 View Post
                              thankyou celestine for your reply my father works for a cleaning agency on a permanent contract and goes out on contracts to other firms.mainly businesses like offices and so on.

                              he has been today to see his main cleaning employers who read him the letter that was given to them by the company that sacked him and the letter went something like this

                              "i the manager of x came into work today and parked my car on the car park as i was walking past mr x he was smoking on the car park i noticed a funny smell to the smoke as i got closer the smell got very strong and i could tell that mr x was smoking cannabis" im sorry but what a load of ******** my father dosent even smoke let alone cannabis the only thing he grows is bloody tomatoes in the green house.also my father has stressed that this manager didnt walk towards him he was walking away from him,could someone shed some advice on this matter my father is now seeking legal advice

                              thanks evryone

                              back soon

                              ps also his main employer has urged him to seek legal advice and have said this is not any of there doing and said they will stand by him on this.
                              Surely this is defamation of character, and should be pursued along those lines?
                              Has he lost work because of this or has his employer found him work to replace the hours he was doing at this firm?

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Welcome to LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X