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  1. I had to go to a meeting with a manager due to me exceeding the permitted level of sickness. I have already been given a written warning for this and now I have been told my case has been referred to a decision maker (senior manager) to see if my sickness level can be supported. I have passed the mandatory period of 6 montghs without any sickness, but my employer has what it calls a ''backsliding period'' of 12 months. During this time if I exceed the permitted period of sickness, the next stage comes into play. Which is what has happened to me. I have suffered with depression for the la
  2. All, I have read this thread with interest as it seems very relevant to me. One big difference is that the respondent has asked for me to consider JM and the CMD (by telephone) is scheduled to last 15 minutes. I have already said that I am in agreement (really good things to do with my life, still, but very annoyed with the company who sacked me). I will ask for a statement of position and expectations from the other side and also for them to meet the cost of legal representation on the day to approve any eventual agreement. Or the cost of it afterwards, to sign it off but I am wary
  3. Hello there, just looking for some advice on the situation I've been placed in, My apprenticeship was recently terminated due to not completing my coursework, for a Level 3 course which I should never of been on, as my contract states intermediate apprenticeship meaning Level 2, I had no warnings prior to the termination, and was literally put into a meeting with a HR manager and she made reference to the apprenticeship agreement I had signed, which she only made reference to the a agreement I did not comply with, which was not completing the college work, I told her this must be irrelevant be
  4. Hi all, I am gathering information on behalf of my 17 year old son. He is 9 ½ months into an apprenticeship. As part of his apprenticeship he is on college day release. He has just received his second quarterly review and has been told that he will be dismissed if his performance at his work place does not improve. His quarterly pay increase was held back. Through out his apprenticeship, and as parents, we quiz him on his day at work, and what he has been doing and taught. It is hard to get information out of a teenager at the best of times. He has said that he is been doing the
  5. Hi All, my OH has been working at a small shop/deli beginning 14th oct, 2011; she was called on Monday morning and told she was no longer needed and not to come in the next Friday, Saturday and Sunday (the days she works), but she'd be paid for them as it was her one-week notice from the company. There has been no warning / disciplinary, and she has a full contract with the company. We wrote an email to the company owner asking for a reason (and a formal letter of dismissal), which we received and which stated my OH was aware "there would be a probationary period" and that her work had
  6. Some help would be appreciated in the following circumstances... I work in tech support call centre and have been charged with Gross Misconduct but due to my performance over the last 12 months my employer has chosen not to terminate my contract; I disagree with this being gross misconduct and while partly being my fault it is not all my fault. I shall outline the situation below. Business A calls for some configuration details to be added to their marketing program which I cannot find anywhere so I check with some body in the department who specialises in this side of the busin
  7. quick question need answered people. partner employed for 49 weeks, dismissed for time off (ill health).been given 4 weeks payment in leiu of notice.would the 4 weeks notice take her over the year for unfair dismissal or will her empolyment be terminated on her 49th week and the 4 weeks just to pay her off.look all over the web and can't find and definate answer on this one.
  8. Hi Briefly I have submitted a lengthy formal grievance to my employer. They have sent acknowledgment and said they will deal with it when they return from travelling. A week has passed and the thing is I am not prepared to be in this position anymore and need to resign immediately as the last straw has happened and I have lost all mutual confidence and trust for my employer due to the aspects of my grievance. Anyway can anyone throw any light on this..... Do I wait for the meeting whenever that may be? Do I resign and threaten an ET1 and coverage? Do I send a Without prejudice letter sayin
  9. hi im hoping for a bit of help 15mths ago i was diagnosed with copd i informed my place of work in the last few months my symtoms have got worse i have problems with chemicals we use in work and stairs are a problem for me once again i informed work and they put me on restricted duties which have been working for me now after seeing a oh doctor who has advised that i could continue to work for yrs with the restricted duties in place now some people i work with have complained that they are having to do extra work with me on the shift it now seems work want to finish me on what they call ill he
  10. It is my belief that soon I am to be Capability Dismissed by my company. They are coming down on me very hard and wanting me to return to work after being off since January of this year but I cannot give them an answer as to when I can come back to work as I simply don't know. I am classified as disabled and have been for some time. I have Spinal Stenosis and my consultant asked me last week if I worked and I said that I have been off sick since January and he said that was good because he is now sending me to the Pain Management Clinic. He said it was better I did not work and will ope
  11. Hi Guys, I’d really appreciate your help with this.- sorry to blab!!!! I have just been dismissed from my job after 12 months (first 6 months was through an agency), for Gross Misconduct. The background is this: I When I started with the company, I filled in an application form for the agency so I could start. I now know that I made an error on my paperwork. I wrote “redundant” instead of “resigned” as reason for leaving one of my employers. I didn’t notice at the time and it wasn’t brought to light until 2 weeks ago. Anyway everything was fine, my attendance, working practice, time
  12. If an Employer dismisses an employee at a disciplinary hearing, without informing them they had a the right to be accompanied by a Trade Union representive (he was told once in writing and once verbally that he could ask a colleague to be present), would an Employment Tribunal automatically find this dismissal unfair ?
  13. I believe my employer has unfairly dismissed me. The events: A work mate at the time took two drinks from the shelf at work, then went to the back of the store were no cameras could see. I then went out the back and chatted with him, he drank both of the drinks then put them in the bin, the security guard then came down seen the two empty drinks in the bin. We were both then called up stairs to have separate meetings about the incident, during this I told them that I didnt see the work mate drink them and said they were just placed on the side then we left. Following these meetings w
  14. I was made redundant last year due to an alleged restructure of which i maintsined i did not understand why the company needed to do. Out of 6/7 employees i was the only one put on garden leave. The newdirector whom advised the restructure and his managers have been sacked for curruption. I was the longest serving member of dept, as well as being the best performer. I be,ieve the reason for my redundancy was to ensure expeirenced staff who would not turn a blind eye were managed out myself included. Nothing much has changed in the dept iworked in, the restructure did not really
  15. My partner holds a management position in his company and in the last four months had been being shut out from major decisions and meetings directly affecting his role. He has come to suspect he was being constructively dismissed. He was pretty worried about his future but thought he might be able to startup his own business if he could get a sensible severance package. He had spent a bit of spare time thinking up a name and logo for said business but he had never done anything to turn it into reality--no clients, no product, no financial transactions--and at work he continued to market his co
  16. Hi All Thanks so much for the information on Redundancy. I thought I'd post the full story so you could give me some advice as I'm writing my final grievance letter and I'm sure you'll have points I should raise. I've been in communication with my employers about my workload since April 2011. At the time they agreed it was excessive and not evenly spread but that the other person in the department wasn't up to the job. I was asked to give them time to resolve it...I did. June 2011 I have am exemplary review. Another employee was recruited but the other member of the departme
  17. This is a question for a friend. She has been in her job 10 months as a temp then on a 12 month contract with the company itself but she has only done 4 months of the 12 month contract. As a temp she was with an agency not direct like she is now. Can you tell me if she has got enough service to put in an unfair dismissal claim please?
  18. I was employed to work as a kitchen manager for a newly opened franchised business. The franchisee's put into place by head office had invested a large sum of money into the business which was packaged as a stand alone, freehold opportunity. My contract of employment was drawn up by the franchisee's which I agreed with and signed. However, it became apparent that the owner of the franchised company had other ideas for the business and decided to remove the franchisee's from the business, rendering every bodies contracts null and void and ultimately without a job. No offer of pa
  19. Hi everyone, This is my first post on here, and the first time I am sharing this news with anyone, but I need some assistance. I am a Canadian immigrant to England, I moved over in July, so my knowledge on employment rights in UK are a bit foggy. I started my employment with a company, as assistant manager, in mid-November 2011. Fastforward to 3rd December 2011, the store manager realised there had been a theft (approx. 3pm) from the store's safe. It was only the previous nights deposit, all the floats were still there (heavy coin). I closed up shop the 2nd December 2011, with another a
  20. Let me give you some background, I hit a trigger point when I was off for an extended amount of time due to stress, I returned to be told I was due a capability hearing - 7 month down the line this capability has still not been carried out and I have been off sick twice since then. What I'm concerned about is that could they use the 2 recent illnesses against me if the capability does go ahead? And how long is a reasonable time to delay a hearing? This is causing me more stress now having to think about it!
  21. Hi, I work for xxxxx and feel as though I have been unfairly selected for redundancy. The business plans were to reduce the headcount in my department by 13 people and I am now confirmed as one of the 13. The selection process was based on the performance rating for 2010 and an interview. The rating for 2010 was on a scale from 1-6, where 6 is the best. I achieved a rating of 4 (above average) I was told in a 1-2-1 meeting with my line manager at the beginning of that period (early 2010 before any targets had been set or work completed) that a 5 rating would not be possibl
  22. I work for a very large company with an archaic sickness procedure. "Stages" are issued for each absence that occurs. Basically, I have had a couple of odd days off recently due to migraine. It's a pre-existing condition but it's been getting worse recently. A few months ago I actually ended up in the EAU of my local hospital after being referred by my GP, but nothing was done as the hospital were having a busy day... Today at work I've been told my last absence has triggered a stage 3 warning. This is the highest stage and generally results in dismissal. Nobody survives, t
  23. Hello im seeking advise.....a few days ago i got a risk of redundancy letter from work....now im one of two receptionists at a hotel that between now and xmas is busy my letter says that due to a turn in business my role is no longer financially sustainable! ( wtf ) i will make every effort to find suitable alternative position blah blah so then it went into consultation period and i was told at my second meeting that one of us has to go and then he scored me on a matrix chart thingy. i have found out 2 other girls are being trained on reception that work in the hotel and i am one of few cros
  24. Hi, I hope that someone can offer me some advice. I am facing dismissal from work for viewing pornographic material in works time. I am currently suspended, and have not yet been disciplined. Although I have been informed verbally that a letter will be dispatch soon starting formal disciplinary proceedings. It started when a workmate was witnessed watching porn during works time on his company issued laptop. He was working alone on the day in question and no one else from the department was present. As part of the investigation the company suspended all 4 members of our department, leaving
  25. Experts of CAG, I hope you can assist ... I'm embroiled in a ET claim against a former employer for unfair dismissal. But, I'm encountering significant resistance from the Respondent's representatives. Their solicitors were ordered by the ET to prepare the Bundle. However every piece of incriminating evidence I have against their client that I want included, they challenge the relevance over. Even after I explain the relevance, they still reject the explanations and refuse to include them. Plus, their male solicitor has been incredibly condescending to me as well, making me feel
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