advice on dismissal without warning please

[Mr $quandaŁot]

Re: advice on dismissal without warning please

Sounds like the company didn't like the letter they received from your solicitors and surely they won't like the fact that you didn't walk away. Well done for sticking with your guns.

I do wonder what they are going to say?

If I was you, I'd be too tempted to name and shame the company online!

[MrClutch]

Re: advice on dismissal without warning please

well documents received from them, just awaing teaboy.

[Amethyst]

Re: advice on dismissal without warning please

Have you heard from teaboy at all ? He hasn't been about for ages xx

[Mr $quandaŁot]

Re: advice on dismissal without warning please

If Teaboy is not available I would contact ACAS. They are usually excellent at mediation

[Mr $quandaŁot]

Re: advice on dismissal without warning please

How are you getting on with this matter?

[MrClutch]

Re: advice on dismissal without warning please

i haven't gone any further to be honest, I was awaiting to see it teaboy came online.

[Mr $quandaŁot]

Re: advice on dismissal without warning please

By judging your original and further threads, I would say there's a strong possibility that your (former) employer has breached the contract. At the very least, they haven't followed the ACAS guidelines.

Do you live in or around the Greater London area? If so, I can give you some information where to get help.


Of course, you may want to decide to move on and forget all about it - which I would never do but that's just me.

[MrClutch]

Re: advice on dismissal without warning please

Hi mate, I never got a contract. I have received my SAR from them.
I live up North

[Mr $quandaŁot]

Re: advice on dismissal without warning please

By law, an employer is obliged to provide a contract within two months of the start date.

I would never enter employment without a contract.

Sounds like those guys are cowboys and should be reported.

[MrClutch]

Re: advice on dismissal without warning please

i have heard from teaboy today guys.

[Mr $quandaŁot]

Re: advice on dismissal without warning please

What were his thoughts?

[teaboy2]

Re: advice on dismissal without warning please

Regarding lack of contract, my thoughts are the same of yours Mr$quandaŁot! Breach of basic employment law for failing to supply written statement within 2 months employment. Haven't yet seen the rest of the documents though, so just waiting for MrClutch to email them.

EDIT

JUst to add, the lack of contract does mean that the solicitor was bullshitting when they said that MrClutch had no claim for wrongful/unfair dismissal. as the contract is just a basic employment contract now! No clauses permitting any form of dismissal with immediate effect, without following proper disciplinary procedures, no termination date (Fix term contract) or any of that crap they may have been able to fall back on!

[teaboy2]

Re: advice on dismissal without warning please

Right the documents contain Mrclutchs personal details on a lot of them, so ain't got time to post them up myself. Basically they have sent the return to work forms, DWP forms (where Job centre asking about dimissal etc), copy of health and safety trainign checklist, copy of letter of dismissal and check lists showing employment contract issued (yes ticked) but underneath they put handbook issued. On second check list under employment contract issued, they ticked N/A and put handbook issued with 6 weeks.

SO no contract of employment (written statement of particulars) and no copy of the review assessment carried out that was mentioned earlier in the thread. Seems to me they are trying to use the policies in the handbook as terms of contract, which would fail hands down in court of law. But they also have not sent what they are legally required to send, nor have they stated reason as to why the missing documents were not sent, which they are legally required to state their reason for not sending. So i have asked MrClutch, to write to them asking them to send him copies of the contract and review/assessment within 14 days or give reason as to why they can not provide either, whilst also pointing out they can not rely on a company handbook as an employment contract, nor is hand book deemed a signed written statement of particulars, required to be given to employees within 2 months of employment commencing. Also for mrclutch to make a note, that given what they have provided, they are clearly using the hand book as a substitute to a written contract, then a copy of the hand book would clearly be data that pretains to Mrclutch, and a copy of the hand book should therefore also be sent as he is legally entitled to a copy of what they pretain is his contract.

I also noticed how they also only referred to informal verbal discussions with Mrclutch, but no info on formal past disciplinary was provided and indeed they admitted was not formal but informal and no records were kept of them. Which therefore simply do not count as formal disciplinary procedure or formal verbal/written warnings. Which means their was no disciplinary record against mrclutch.

[Mr $quandaŁot]

Re: advice on dismissal without warning please

So what does all this mean in practice? Shouldn't the directors be reported to the relevant authorities?

I wonder if HMRC should look into their accounting? Normally, if an employer can't get the basics right they are very dodgy indeed.

[teaboy2]

Re: advice on dismissal without warning please

There isn't any suggestion that i recall, of any wages being unlawfully withheld or oweing to Mrclutch or any false accounting - So nothing to report to anyone really.

What they did by terminating his employment with immediate effect with no disciplinary procedure was a breach of contract, and amounts to unfair dismissal. Which can be taken to civil court (avoids the tribunal fees which cost more) for breach of contract, where a successful claim will mean the employer having to pay wages for the time it would have taken them to carry out a full and correct disciplinary procedure. And if its found they would have be unlikely to dismiss mrclutch if they had carried out the correct procedures, then they would have to also pay compensation for loss of earnings (amount to be determined by a judge) to Mrclutch plus compensation to mrclutch for any other costs he incurred, that he would not have incurred if he had not been dismissed, such as default on credit agreements, rent arrears etc etc. And off course the employer would have to pay the court costs and legal fees too. So it likely to be more costly to the employer than going to Tribunal.

They seem to by pointing to the hand book as being a substitute contract of employment, yet failed to provide the hand book ior reasons as to why, along with the review/assessment where a note was made that a contract would be given to him for him to sign etc.