Dismissal After Trial/Probationary Period

[des8]

Re: Dismissal After Trial/Probationary Period

Yes the manager takes over and investigates any concerns raised by the employee

The Protected Disclosure Act only applies if that discl;osure has been made to outside regulatory authorities and the employee then suffers detriment from the employer because of that disclosure

THERE HAS BEN NO PROTECTED DISCLOSURE MADE BY THE EMPLOYEE



I'm now intrigued and anxious to learn
Please explain the import of Public Interest Disclosure Act 1998 Sec 43C (1) (a

Please cease and desist posting up links that are irrelevant, even if well meant

No comment,

[judgemental24]

Re: Dismissal After Trial/Probationary Period

Yes that is correct

But there is a difference between a qualified and a protected disclosure

There has been no grievance procedure or any paper trail to prove the dismissal is a direct result of that disclosure

What the employee is being submittd to is unlawful detriment if proven

How do you prove the dismissal is a direct result of raising a health and safety concern?

[des8]

Re: Dismissal After Trial/Probationary Period

[QUOTE=judgemental24;594921]Yes that is correct

But there is a difference between a qualified and a protected disclosure
[/QUOTE

Please explain the difference
Public Interest Disclosure Act Sec 43A:
"Meaning of "protected disclosure"
In this act a "protected disclosure"means a qualifying disclosure"

[judgemental24]

Re: Dismissal After Trial/Probationary Period

Corect but any dismissal will be subject to the Employment Rights Act, not the Public Disclosure Act

But i go back to my point

How can you prove the dismissal was a direct result of that disclosure with no prior grievance or paper trail?

Where an employee has made a protected disclosure and he believes he has suffered a detriment, he notifies his employer via that grievance to redress any perceived detriment

Without a referenced paper trail he will not even get past ACAS, let alone any Tribunal

[des8]

Re: Dismissal After Trial/Probationary Period

But the proximity of the disclosure and dismissal suggest an a priori case for unfair dismissal ... no?

I'm not into employment, but just like reading Acts and trying to work out what they mean .... something to do in the winter evenings!

[judgemental24]

Re: Dismissal After Trial/Probationary Period

Yes i agree on the proximity and cries out unfair dismissal

But the cost of a Tribunal to the end will set you back £1200.00 with no legal aid

Legal aid is for protected characteristics, though you have suffered discrimination so unsure on that one

I know i have not got that sort of money to risk on a Tribunal

You know as well as me Tribunals always favour the employer, The most the OP can expect will probably be "Sod off" money by the employer if a claim is submitted through a consent order

That is the reality

[des8]

Re: Dismissal After Trial/Probationary Period

True, but not I think how you were arguing at the beginning!.

[vanman]

Re: Dismissal After Trial/Probationary Period

Yes that is correct

But there is a difference between a qualified and a protected disclosure

There has been no grievance procedure or any paper trail to prove the dismissal is a direct result of that disclosure

What the employee is being submittd to is unlawful detriment if proven

How do you prove the dismissal is a direct result of raising a health and safety concern?

this http://www.legalbeagles.info/forums/...3&d=1447702092

[judgemental24]

Re: Dismissal After Trial/Probationary Period

People on this thread

If i have come accross as obnoxious today i apologise

I have had raging toothache all day and cannot get to a dentist appointment until thursday unless i have £60.00 to spend.

Well i got my ESA on friday so dentist tmorrow minus £60.00, i cannot stand this for another three days

[Trigger33]

Re: Dismissal After Trial/Probationary Period

Thanks for your help everyone!

I took the points raised in this thread to ACAS, and since being contacted, the company has involved a 3rd party to act on their behalf. ACAS are due to be back in touch by the end of this week wwith an update. I'll keep you posted on what happens.

And judgemental24, I hope you managed to get to the dentist and you feeling pain-free now! Toothache is the only pain I cannot stand.