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elpulpo

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elpulpo last won the day on January 15 2011

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  1. You're welcome. Congratulations.
  2. Aye. There'll be a chap called Teaboy along in a bit who'll tell ya that they're in breach of contract and ya can sue em for every penny they've got. Ignore him.
  3. We shouldn't lose sight of the fact that it doesn't appear at all like your OH has done anything so serious as to warrant his dismissal. And, having 2.5 years service, he has statutory employment rights. It may not be that he'll be dismissed, and properly prepared he's got a good chance at least of putting such doubt in their minds that they'll back off. Then, in good time, he can find something else. Does he have a copy of the company's disciplinary & grievance procedure? He needs to scrutinise that and find as many failures in their procedure as possible. If the employer doesn't have such a procedure, or has failed to provide him with it, refer to this http://www.acas.org.uk/index.aspx?articleid=2174 The investigation argument really depends on the facts of the situation. In some circumstances, the facts of the accusation are such that it's not really necessary to hold an investigation, and the employer can proceed straight to the disciplinary procedure. Well prepared, he should be able to contest this. They might dismiss, but I think then he'd have a clear case in the ET. Obviously, I don't know the ins and outs of this situation or of the care industry, but it simply doesn't seem that he's guilty of GM. I'd strongly advise against trying to come to some agreement with them where he resigns in exchange for a reference. That could backfire.
  4. I'd write and say that you are no longer in the probationary period, you weren't informed that it was being extended, so they can't legitimately hold a probation review. If they have issues with your conduct, performance or capability they should instigate their disciplinary procedure. Don't attend a meeting without clear prior notification as to what exactly the meeting is about, or they will ambush you with accusations and you won't be prepared to defend yourself. And if ya get an opportunity to kill one of the HR monkeys, take it.
  5. Right. He should be allowed to be accompanied by either a colleague or a TU Representative. They are allowed to speak, if it is to address the hearing regarding the matter or to advise the colleague/union member. What the rep can't do is answer questions on his behalf. If they're accusing him of offence(s) that could amount to GM, then they should warn him of that in their letter inviting him to the DH. Arguably, someone who is facing an accusation of GM should be suspended. If he were to be allowed to continue working, it could undermine their argument that the misconduct amounted to GM. I wouldn't write to them about their lack of investigation-it might prompt them to make one! This is something that can be used a tool at the DH.
  6. Paragraphs. still. I'm not that drunk, and yet I can't follow. You need to calm down.
  7. Mine is. Sowerby Bridge. Replete with disproportionately expensive 241 offers that seem so good at the time, yet 4 days later your entire kitchen is a compost heap. Dear old Shirley Porter. How soon we forget.
  8. It's Easter Sunday tomorrow. Such a special time. Thank God (comma) Tesco's open.
  9. Right. If he resigns whilst under investigation for a disciplinary matter, his employer can refer to that fact. The TU Rep is wrong. And, if his employer refers to him having resigned whilst under investigation, many potential employers will see that as a strong indication that he was guilty. He needs to face the accusation, if he's being wrongly accused. He needs to get onto his union and tell them to buck their ideas up too. Most of them are bed-wetting gimps who live with their mothers. Set out the full situation, and we'll have a look. Use Paragraphs. That way we can read what you have to say Easily. No more mono-block posts Please.
  10. For using a hand fan? Do you think the employer would dismiss a woman doing the same thing? In fact, that's a point. How are women employees required to dress? We might have a case of there being indirect sex discrimination here.................
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