advice on dismissal without warning please

[Johnboy007]

Re: advice on dismissal without warning please

I looked back at your original post and the reply you received from teaboy.
Personally, I have to disagree with his assumption of Automatic Unfair dismissal.
If you have, or had been working for your company for less than two years, then they can dismiss you, and they do not have to give a reason for doing so.
Automatic Unfair Dismissal must fall in one of the above categories, and unless you do, then you will not succeed in any claim.
Proving breach of contract is very, very difficult to substantiate, and you really need the help of an employment solicitor.
Unless of course, there was a fundamental breach, such as not paying you any wages.
There is also the question of Custom and Practice, mentioned by teaboy.
What you are claiming must have occurred over a long period of time, and to have been known, accepted and adopted by the other employees, to be accepted by the court as part of your employment contract.
Just be careful if you decide to use the legal method (court), owing to the costs involved if you are ordered to pay them.

[MrClutch]

Re: advice on dismissal without warning please

Thanks for your reply.

Teaboy seems to have gone quiet, hopefully all is well with him

[Mr $quandaŁot]

Re: advice on dismissal without warning please

Thanks for your reply.

Teaboy seems to have gone quiet, hopefully all is well with him

But there's Teaboy2

[MrClutch]

Re: advice on dismissal without warning please

haha that's who I meant, a simple typo

[Mr $quandaŁot]

Re: advice on dismissal without warning please

He's been here a lot recently.

[Mr $quandaŁot]

Re: advice on dismissal without warning please

I looked back at your original post and the reply you received from teaboy.
Personally, I have to disagree with his assumption of Automatic Unfair dismissal.
If you have, or had been working for your company for less than two years, then they can dismiss you, and they do not have to give a reason for doing so.
Automatic Unfair Dismissal must fall in one of the above categories, and unless you do, then you will not succeed in any claim.
Proving breach of contract is very, very difficult to substantiate, and you really need the help of an employment solicitor.
Unless of course, there was a fundamental breach, such as not paying you any wages.
There is also the question of Custom and Practice, mentioned by teaboy.
What you are claiming must have occurred over a long period of time, and to have been known, accepted and adopted by the other employees, to be accepted by the court as part of your employment contract.
Just be careful if you decide to use the legal method (court), owing to the costs involved if you are ordered to pay them.

Unfortunately employment law in this country sucks big time.

Just had a leaflet addressed to me 'personally' by my local Tory MP. When I approached him last year about an employment issue he couldn't care less.

Am I going to vote for him? Of course not. My vote will be yet another one lost to UKIP...

...I never thought I'd say this but The Tories have completely lost it and they've been worse than Labour. Having said that, I could never vote for a left-wing party though there doesn't seem to be much difference nowadays.

[teaboy2]

Re: advice on dismissal without warning please

Every Employee has the statutory right to not be unfairly dismissed - All employment contracts contain details as to disciplinary procedures, if not as written term then they are implied terms. Failure to follow ACAS code of conduct for Disciplinary and grievance procedure also prevents the Employee from asserting their statutory right to be accompanied to investigatory or disciplinary meetings, which is a breach of employment rights act 1996 and therefore automatic unfair dismissal.

The fact the employer failed to follow any form of disciplinary procedure is a breach of contract in itself - As such Mrclutch is entitled to be compensated for loss of earnings that he would have earned during the process of a fair disciplinary hearing and for financial losses he incurred as a result of loss of income, whether he would have still be dismissed as a result of correct disciplinary hearing being carried out will have also been taken in to account and if deemed he would unlikely to have been dismissed then he would likely be awarded even more Compensation.

There is no ifs or buts about it. If you which to dismiss someone, then you either give them notice in writing of your intention to terminate their employment with correct notice period, or following redundancy procedure, or carry out a full investigation and disciplinary! You simply can not sack anyone on the spot unless its a very serious case of gross misconduct. Taking time of sick is not gross misconduct nor is it a reason dismissal with immediate effect.

Mr Clutch, if i read correctly back through thread, you said they had not responded to your SAR. Is that Correct? If so, report the matter to the ICO!

[MrClutch]

Re: advice on dismissal without warning please

Perhaps he is pleading ignorence to me or catching up on other things (hope its the latter)

[MrClutch]

Re: advice on dismissal without warning please

Hi Teaboy, I will have a look back through all my correspondence with the tonight