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  1. Hi All My son left sixth form 3 weeks ago to start an Apprenticeship with a local established company. At the end of the day yesterday, he was told that his apprenticeship was terminated with immediate effect as he was "under performing". This has come as a total shock. He has only been there three weeks. He has had no issues/warnings etc. He has no time keeping issues, no days off, nothing. He was even paid a bonus this week for recruiting new clients. They would not elaborate on the "under performing", just that they are a professional company and he is not working to t
  2. Hello there! Last month, the day before pay-day, at 23:30 I, and all of my colleagues got a message from our employer to check our emails urgently. So we did, and that’s stated, that the company has ceased to exist, we should not go to work tomorrow, and ever again, and we wont get paid, only a small portion of our original payment to "help with the expenses". (So from one day to an other, we lost our job, and found out, that we wont get a months payment as well - is this even legal?) We wrote an email to him, to try bargain, with no avail nor response. We also got a letter for BM
  3. Perhaps Emmzzi can shed some light on a question I've had for a while on TUPE. In the rail industry, tends of thousands of employees are TUPEd over every few years as franchises are lost and won by the different companies. A lot of staff leave and join other Train Operating Companies (TOCs), sometimes to seek better working conditions, sometimes because they are effectively forced out, or sometimes just blatantly dismissed. Occasionally the "area/station boundaries" of each TOC are re-drawn by the government. This may get a bit complicated so I'll paint a fictitious example: Ja
  4. Hello everyone, I`m in need of some advice please! I was sacked yesterday at a disciplinary hearing at my work place, I was given a summary dismissal for gross misconduct. Before the disciplinary hearing I was suspended with pay for two weeks. As I was fired do I still get paid for the two weeks I was suspended? I know that I will be paid for outstanding holidays I have accrued and I am not entitled to "notice pay". Also what is notice pay? Thanks, Confused kid
  5. Hello. I am a call center representative and been working for about 4 years in the industry. I am on a sales account respectively. On Oct. 28, 2013 I received a call from a customer asking for help to access his online account, therefore, I walked him through the process by using his email address so that I can generate a new password (Usual process to provide the customer a password is by getting the email address). In that case, customer receives the password through an email confirmation, however the password he receive did not work, so I asked for another email if he has and he ga
  6. Greetings to everyone! I have read some very helpful threads on this forum on constructive unfair dismissal (CUD) in preparation for my own case. I am keen to share my ongoing case so that, hopefully I can get help and support from you guys, and at the same time, other people might find my experiences with ET useful. Some basic info first: I had been employed FT in a uni in Scotland as a lecturer for over 7 years. I had to resign from my job in Feb 2013, essentially due to bullying by my Head of School aggravating my stress/depression, and the failure of the snr management to de
  7. I am due to leave my employment and want to file constructive dismissal or/and discrimination. Can I represent myself, if so, how do I find out the way to proceed? Can anyone help me?
  8. I would appreciate any advice on behalf of my 19 year old son, briefly: He is an apprentice, has been trained in any skills, used as a labourer. Has had his days cut down from 5 to 4 Was told he had a disciplinary meeting 2 months ago it was cancelled at 15 mins notice, told him it would be rearranged but it was n't , he has had this hanging over him since then. Was using company van told to hand keys and sat nav back, and had to travel about 8 miles to a job ( he is an apprentice joiner) He says its making him ill and cannot face going back, Has anyone got a suitable
  9. Unfair,dismissal,need,help,appeale been dismissed from work and need help with what to do for an appeal. The reason for dismissal is my capability to fulfil contract in a safe environment due to I'll health .by safe environment they mean my condition being controlled ( unfortunately no medication to help with my condition) To give some background I was I have been diagnosed with an condition with causes me to have a seizure at least once a day. Non epileptic attack disorder. With reasonable adjustment I went back to work and worked with my condition for 8 months. I have worked there i
  10. Looking for a little advice. First post, but this has been playing on my mind for a few days. Story. Got a perm job through an agency. Not a bad number. Job was sold as accountant PLUS review and improvement duties. The team i joined, long standing small team been there for between 15 - 6 years. I am the first new person for all that time. One line manager. One Director. Director wants improvement, that why i was picked, he calls staff meeting to tell everyone. Line manager does not, and states that his way is perfect and i must not attempt to do what employed to d
  11. Hi everyone Sorry to be the newbie posting only for the first time! I would really like some advice on what to do with regards to an employment situation. I work for the NHS and have 4 years accrued service. I have always been a loyal, hardworking employee, and have rapidly progressed through the ranks. I started a new job a few weeks ago, and after 2 weeks, I had burnt out and was signed off work for depression and anxiety - I've not been well at all. The role was not right for me, i.e. I could not do it. I was sent to occupational health yesterday who wrote on the report
  12. Hello All, I am really looking to make sense of all of this so constructive and factual feedback is what i would value... I work at a construction company as a site based manager and have been there just over 6 years to date. Back in April `11 i was suspended and subjected to an investigation and disciplinary hearing over an incident that happened on my site at the time. A member of the senior management team, the head of the department that i was part of, had become exceptionally attentive towards a female member of staff that was part of another department. As time went on it
  13. Hi All I do intend to "seek proper legal advice" but while awaiting appointment, would be interested to hear any experiences/feed back on the following situation. Company wants to push through Variation of Contract (less favourable terms for employees, ie less cash bonus which is contractually part of total renumeration, not a stand-alone bonus, so essentially a wage cut). Not because the company is losing money as it has always been in profit, gaining market share, expecting record orders and made recent aquisitions. Just doesn't want to pay out more to staff considering a lot mo
  14. Can anyone please advise on a template for a letter asking for reasons for my dismissal, before I go towards a tribunal for unfair/wrongful dismissal I want to ensure it is correct. Thanks
  15. I worked for a large DIY chain and have just been dismissed for sending out a customer delivery with out paperwork.I was instructed to do this by a manager who then denied giving me permission.CCTV evidence was used but only shown to myself to prove there case during the step 2 but when I asked for them to view my approach to the manager on the day of the incident they refused to view it this would have shown I got permission.Even worse my son was working on a temporary contract along with 2 others and done o/t etc for them whenever they needed never had a day off in 5 months and received a
  16. Hey , I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed that wrongful dismissal is more inline with my claim. So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for? What can i do Carl
  17. hi, my girlfriend was sacked today only after she got a contract of employment yesterday! (she has worked there for 9 months), the reason the company stated is that "shes not right for the company" which is rubbish because she excelled in her job and was told many times by her directors, however it appears that a manger took a disliking to her because she reported that a fellow worker was under the influence of alcohol in a company that operates fork-lift trucks, heavy press and cutting machinery and 40ft trucks in and out all day, when after a few days she reported it to this manager she ask
  18. I am analysing my employment contract and there is a section in it that raises an eyebrow. The contract is for a simple employee on a modest salary (i.e. not a director). The employer is a small business. Specifically, is point 13.1(b) legal? Below is section 13.1 13 TERMINATION 13.1 This Agreement and the Employee's employment with the Company hereunder may be terminated immediately by the Company without prior notice if the Employee at any time: (a) has a bankruptcy order made against her or if she makes any arrangement or composition with his creditors or has an i
  19. my employer over the past 4 years has carried out two enhanced CRB checks on me and all has been fine. My employer has never had a complaint about me and I have been an outstanding employee. Recently after a meeting with an external agency they have been made aware I had two allegations of assult on my CRB and these go back 4 plus years. Both cases were dropped and not proven. They were false allegations against me. My employer was never concerned before and had the information but now that some external agency i.e police or social services have raised it with them they are pursuing it and I a
  20. I have been full time employed for the past 20 months as an office worker. The first 12 months of my employment went relatively well as I was an absolute beginner and had never worked in a similar role before. It was not until I started to gain confidence and ability to do my job unaided the problems started. My line manager would pick up on every little thing I had not completed to their satisfaction. Then gradually things got worse as my confidence grew and I started taking on new tasks. My manager would obstruct me at every possible opportunity and never ever gave feedback when I
  21. Hi there, I am posting regarding my nephew (MN) who has been employed as at a Stone Masons for twelve years. In March this year he was off work for several weeks as he had to have an operation for a double hernia, caused incidentally by the heavy lifting at work. Upon return to work he was told by the Boss that there was very little work and he would have to "let him go" he then offered £1000 cash if he would accept and leave. MN refused the offer and although in a state of shock intimated that he would not leave voluntarally and if sacked would seek to take action, he then left for home.
  22. hello, i am looking for some advice on my husbands behalf, he was dismissed from work today due to pulling his phone from his pocket to check it as it was vibrating. as there are no cameras, radios or any other means of contact in his job (bus driver) the company have always contacted him on his mobile phone should they need to. on this occasion he was not using his phone, ie, texting or making calls he simply checked it as he was approaching a bus stop as it was vibrating and he thought it may have been work. turns out, it was just his low battery warning but he was taken off his bus
  23. Hi I have been dismissed from employer recently on ground misconduct for harassment. That I think it's not fair this was my first time in this situation. One day i came on work place and see manager and my colleagues asked me why you come here I told them to see manager and one of them she asked me and I said to her to see you and after that she finished and met her on bus station and asked her to join her on bus as fun and didn't join her then I called her she replied me call you later. Then in the same evening we have chating but suddenly she asked me to stop texting and asked her what re
  24. Hello all. I'm new here and looking for some advice please. I am going to have a few questions I expect but to start off, here are a couple. I am just filling out my ET1. I have been dismissed for medical inefficiency and am claiming sex discrimination as my main reason for unfair dismissal. I intend to post a full description of my case at some point over lunch but I just wanted to see if I could get a couple of quick answers please. At the stage of filling out the ET1, how much detail do I need to go into with regards to my ex employer not following policy? The thing is, there a
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