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#1 |
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Damn
![]() No warnings, no procedure. I had to meet my boss in a pub carpark and hand over the car keys. Not to worry I'll be getting a weeks notice pay... If I'd only been there 3 months can I claim unfair dismissal or do you have to be at a job for longer? |
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#2 |
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Sorry to hear that, hope you're ok.
I think they can do anything they like at that length of employment. |
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#3 |
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I know that at the firm i work for, all new employees are subject to a three month probation period, during which time they can basically be let go for pretty much any reason. After that there's a fairly long disciplinary process so you'd have to seriously mess up (i.e. gross misconduct) to be fired straightaway.
Sorry to hear of your troubles Razor, hope you get something sorted. |
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#4 |
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http://www.direct.gov.uk/en/Employme...ob/DG_10026692
And..... http://www.direct.gov.uk/en/Employme...ob/DG_10026689 try that link for the law - that might help - essentially they need to have stuck to contract. Hope that helps. They are entitled to give you one weeks notice for the length of time you worked there, and of course, they could give you pay in lieu, provided it was in the contract. What did you do to get fired? Last edited by hoodlum; 02-08-07 at 06:49 PM. Reason: added more info |
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#5 |
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Aw, that sucks! Been there a few times myself and its never nice so you have my sympathies mate.
And i think you have to be in the job for a min 1yr before most emplyment law applies or kicks in.
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#6 |
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Hi, sorry to hear you got the sack.
I'm an employment tribunal representative. You can't claim unfair dismissal unless you have more than one year's service or you are in a "protected category" and you were dismissed in relation to that category. E.g. because of your race, sex etc this list is not exhaustive. Or if you had raised any issues about work, e.g. complained about a health and safety risk, hours of work etc again, this list is not exhaustive. It would be helpful to know what was said to you when you were sacked. For instance (if an employee has no unfair dismissal rights, most employers can let the employee go on the basis that "things haven't worked out" or words to that effect). It's not like that for employees with more than a year's service, not only do they have unfair dismissal rights, but they also have the right to ask for "written reasons" for dismissal. In addition, an employer has to have a term in the contract which permits him to summarily dismiss an employee with less than one year's service without regard to formal disciplinary procedures. If there is no term in the contract, then you could have a "wrongful dismissal" claim. This is not as impressive as it might sound. You're argument in respect of wrongful dismissal would amount to the amount of pay you would have received had your former employer followed the contractual disciplinary process, e.g. the time it would have taken to arrange a formal meeting and to allow an appeal against any dismissal. Normally about a week or one week's pay. Can you let me know what was said to you when you were sacked and if you had raised any issues before hand? Finally, you are entitled to receive all outstanding wages, these are lying time (if you worked lying time when you started), one week's statutory notice (or one week's pay "in lieu" of notice if your former employer doesn't want you to work your notice, also, check your contract to see if the notice period is more than the statutory entitlement) and accrued holiday pay. Last edited by Gavin; 02-08-07 at 07:52 PM. |
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#8 |
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oh bummer!
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#9 |
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Their probation period was a year.
I'd had some time off because my Dad died. I sent him a text in the morning saying I was going to the Doctor for some sleeping pills and then when I got back he told me to meet him. He turned up with his brother and I kind of knew. The brother would drive my car back to the office. He ranted for a bit saying I hadn't been doing a few things right regards paperwork, but that was the first time anything was mentioned to me. |
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#10 |
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Sympathies mate, on both counts.
Not a lot you can do, Gavin is right. Screw therm I say! Burn them at the stake (oh and get looking for a new job) Best of luck, and I always find something better comes up. |
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