advice on dismissal without warning please

[Mr $quandaŁot]

Re: advice on dismissal without warning please

Surely, ACAS should be informed?

When it comes to false accounting, I was only speculating. However, if those guys can't get the basics right, such as contract of employment, they are likely to be cowboys.

[teaboy2]

Re: advice on dismissal without warning please

The thing is ACAS can't do anything. They can only mediate, but only if the employer agrees to it!

Its clear from the response we got for their solicitor that they have no intention of negotiating in order to come to an amicable solution. They clearly stated that neither they (solicitor) or the employer will be discussing the matter further, leaving Mrclutch with no other option than making legal requests that the employer has a legal obligation to fulfill fully or explain why they can not fulfill, and unfortunately legal action.

I agree, they are definitely cowboys, but making claims to HMRC or other bodies/authorities without any proof to back it up, would not be advisable, as it can amount to slander/libel.

[FlamingParrot]

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.

It all depends on the particular circumstances, as you probably know, it's not an issue for me, been kind of doing exactly that for 3 years now!

[Mr $quandaŁot]

Re: advice on dismissal without warning please

Of course I would not advise reporting to HMRC without any proof of wrong-doing.You would need an investigative journalist to do the work and, of course, they never reveal their sources.

If it was me I would be tempted to name and shame the company online which, of course, could be counter-productive.

I hope Mr Clutch is getting his JSA and other social benefits. Not sure how allegations of being sacked affect those?

[teaboy2]

Re: advice on dismissal without warning please

If sacked, and if you have assets below the maximum threshold for JSA, then you should get JSA without issues when your sacked.

[MrClutch]

Re: advice on dismissal without warning please

Well its now been 5 weeks since i sent my "7 days before further action letter" requesting all documents that they had failed to send via my sar. Still no reply

[leclerc]

Re: advice on dismissal without warning please

Well its now been 5 weeks since i sent my "7 days before further action letter" requesting all documents that they had failed to send via my sar. Still no reply

Was the letter threatening court action? If so what are you waiting for to follow through?

[Johnboy007]

Re: advice on dismissal without warning please

Hi,
Download this ACAS guide to disciplinary and grievance procedures.
The Acas statutory Code of Practice on discipline and grievance is set out at paras 1 to 45 on the following pages. It provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace. The Code does not apply to dismissals due to redundancy or the non-renewal of fixed term contracts on their expiry. Guidance on handling redundancies is contained in Acas' advisory booklet on Redundancy Handling.
The Code is issued under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 and was laid before both Houses of Parliament on 9 December 2008. It comes into effect by order of the Secretary of State on 6 April 2009 and replaces the Code issued in 2004.
A failure to follow the Code does not, in itself, make a person or organisation liable to proceedings. However, employment tribunals will take the Code into account when considering relevant cases. Tribunals will also be able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provision of the Code. This means that if the tribunal feels that an employer has unreasonably failed to follow the guidance set out in the Code they can increase any award they have made by up to 25%. Conversely, if they feel an employee has unreasonably failed to follow the guidance set out in the code they can reduce any award they have made by up to 25%.
Employers and employees should always seek to resolve disciplinary and grievance issues in the workplace. Where this is not possible employers and employees should consider using an independent third party to help resolve the problem (page 7 of the Discipline and grievances at work: The Acas guide [686kb]). The third party need not come from outside the organisation but could be an internal mediator, so long as they are not involved in the disciplinary or grievance issue. In some cases, an external mediator might be appropriate.
Many potential disciplinary or grievance issues can be resolved informally (page 10 of Discipline and grievances at work: The Acas guide [686kb]). A quiet word is often all that is required to resolve an issue. However, where an issue cannot be resolved informally then it may be pursued formally. This Code sets out the basic requirements of fairness that will be applicable in most cases; it is intended to provide the standard of reasonable behaviour in most instances.
Employers would be well advised to keep a written record (page 15 of Discipline and grievances at work: The Acas guide [686kb]) of any disciplinary or grievances cases they deal with.
Organisations may wish to consider dealing with issues involving bullying, harassment or whistleblowing under a separate procedure.
More comprehensive advice and guidance on dealing with disciplinary and grievance situations is contained in the Acas guidance booklet, "Discipline and Grievances at Work: The Acas Guide". The booklet also contains sample disciplinary and grievance procedures. Copies of the guidance can be obtained from Acas.
Unlike the Code employment tribunals are not required to have regard to the Acas guidance booklet. However, it provides more detailed advice and guidance that employers and employees will often find helpful both in general terms and in individual cases.

[MrClutch]

Re: advice on dismissal without warning please

ok I have downloaded that but still not entirely sure of my next step

[steampowered]

Re: advice on dismissal without warning please

Hi MrClutch

Unfortunately, I don't think you have a viable unfair dismissal claim. The first reason is that you do not have the necessary 2 years of service to claim unfair dismissal. Earlier in this thread it was suggested that you might get around this by claiming for automatic unfair dismissal. Unfortunately, I can't see that you would fit into any of the categories for automatic unfair dismissal - failure by the employer to follow the procedure is not one of these categorys. You can examine the categories at section 98A to 107 of the legislation available here: http://www.legislation.gov.uk/ukpga/1996/18/contents

The second reason is that there is a 3-month time limit from the date of dismissal. You were required to start your claim within that period, any unfair dismissal claim is now time barred.

In relation to the failure to provide employment particulars, the employer did breach the law here but you can only claim compensation if there is some other breach of employment legislation - it can't be used as a standalone claim.

Unfortunately I think the only right you would have is to a week's notice. I don't think it is worth pursuing this. Sorry.

[MrClutch]

Re: advice on dismissal without warning please

So basically they can employ ,e. then just sack me whenever with no warning nor notice

[MrClutch]

Re: advice on dismissal without warning please

LECLERC

im waiting to fllow through as I don't really know the procedure nor what to do

[leclerc]

Re: advice on dismissal without warning please

LECLERC

im waiting to fllow through as I don't really know the procedure nor what to do

My comments on all threads which relate to threatening legal action is to read as much as is humanly possible and never threaten legal action unless you fully understand it and know fully what you are getting into. I certainly don't and I have never actively advised pursuing an employer through the legal process.

Teaboy2 has lead you down the route of the court process, so I suggest perhaps asking him what to do....

[Johnboy007]

Re: advice on dismissal without warning please

Leclerc is right in that taking an employer to court is not an easy task, and your case should be sound.
The probability factor that Tribunals use, is not applied in a court of law.
Only relevant facts, evidence and legislation would be the frontrunners.
The court may very well ask you why you never complained vis ACAS and the Employment Tribunal.
Automatically unfair reasons for dismissal

Even if you’ve acted reasonably, some reasons for dismissal are classed automatically unfair. These are to do with the following areas:

• pregnancy, including all reasons relating to maternity
• family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
• acting as an employee representative
• acting as a trade union representative
• acting as an occupational pension scheme trustee
• joining or not joining a trade union
• being a part-time or fixed-term employee
• discrimination, including protection against discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation (in Northern Ireland, this also includes political beliefs)
• pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage

If you don't fall in any of these categories, then you will have a hard job trying to prove unfair dismissal.

[MrClutch]

Re: advice on dismissal without warning please

im trying but teaboy hasn't been online since july