Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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This is not the first time this company has gone through the wrong procedure, last time I got thanks to people on here my wifes job back after she was sacked wrongly. This time it is another member of staff there.
Has told today he was going to be let go, the reason being he attitude (not showing enough committment), and taking too much time off.
1) Taking too much time off, he was employed from DECEMBER 2008 and has had 1 day (which was overtime not a normal working day) off and when he broke his wrist had a 5 weeks off which a medical certificate from the doctor was supplied.
2) Showing committment, he was supposed to be off for 7 weeks but wanted to come back early whilst still in pot.
There was also rumours that the company was TRYING to get rid of him!!
I have asked him to get copies of all correspondance to date on his file.
his inital TRIAL period was 3 months (YET they say he was still on a temporany), he has never been given a full contract even though he has been ther 6 months!
According to there own policy, a verbal warning states he had to told of his conduct or performance, then this put in writing. However until he was told he was gitting rid of he had no prior warnings of bad performance.
I am at a loss here how to proceed, but Im sure the members on her know i little bit more than I do.
Should he put in a greivance???? What steps need to be taken?????? Is the company wrong????
There is I'm afraid very little that can be done here. This person has very few employment rights due to the length of service involved and also that as you say his position has never been confirmed (Still on Trial).
Unless there is, or can be prooved that there is discrimination of a Sexual or Racial nature then he needs to have been employed for 12 months to gain further rights regarding disicplinary procedures.
Beau
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
I agree with Beau in essence but correct procedures should still be followed - and if this person was having their trial period extended they should have been notified of this in writing and had a meeting with their line manager to discuss the reasons.
No warnings of bad performance doesn't mean much in itself - how the letting go actually happened may not have followed procedure - where they notified of this meeting formally - allowed to bring a representative etc.
As Beau says under 12 months service really means little ACTUAL rights but it doesn't make what the company is doing morally right and they (i believe) have every right to bring a grievence about this.
It probably ina ll honesty may not do anything but I am a worker of principle and I would just HAVE to say something - I'm awkward like that!
I am a layperson and have no legal training but I do have an iota of common sense (sometimes)
Welcome Finance PPI -----> over £3k court case filed SETTLED
Park Motor Finance -----> incorrectly logged default on credit file claim for compensation
Lloyds Tsb ----> plenty of things all filed with Financial Ombudsman or Small Claims ----> settled by paying me full amount sought 02/05/09
ive worked at a company for 4 years, they have just sacked my brother and now i think its my turn, what signs can I tell this is happening because im scared, my supervisor constantly asks me to do meanial jobs, and as line leader in a factory I do have to offer suggestions which she is saying is not doing as im told im constantly in the office being told off, yet i consider myself the hardest working employee, most are temps so i have the most experience. I even got promoted a year ago, and im wanted on nights by another supervisor who isnt like my currrent supervisor who has come in 6 omnths ago and to be fair she wants to make her mark!
However, almost a year ago i was sacked for gross misconduct for swearing at a supervisor, BUT there were circumstances involving miscarriages, doctors etc, and the company were found to not follow procedure so I was reinstated on a final written, knowing this i have had had to try to calm down which i feel i have, but i just feel before the year probation ends they now want to get rid of me, and any slight disagreement will be deemed as not following managament instructions.
Yesterday I was asked to change some print cartridges, but my experience made me question it as I thought it would last the day out as its colour coded for this reason. It didnt and a few batches didnt have any labels printed, yes I hold my hand up, the batch was caught and rectified thus no harm done.
Then today i was aked tofill in a statement of the incident, i was not told why i had to do this, but i suspect i will have a disciplinary regarding it, as i was told they have seeked advice from MENTOR on the issue which they will be charged for, so because they got it wrong before they will pay to get it right.
I feel i just made an error in judgement, but also feel im going to get hammered for it. I really dont know what to do at the moment im dreading it if i do get sacked!
Sacked - Please Help !!!!!!
wrongly. This time it is another member of staff there.
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