Jump to content


  • Tweets

  • Posts

    • Hi there. an update for you   1) independent surveyor report was sent to builder on 13 Dec.   2) builder only responded yesterday. They dispute the majority of the issues identified. Claiming for example: that we have influenced the expert witness surveyor, that we have caused some of the issues by undoing work, that that the surveyor is wrong,    3) through trading standards we gave them the month of nov to finish plus put things (known) right, at no point did they say a month was unreasonable, they were onsite for less than 10 days of nov,  early nov building control initially visited and highlighted issues, they claim building control have now signed off their work at the end of nov   4) building control visited last week at my request, there are still issues with their work, it has not been signed off and never was at the end of nov    4) builder now says there they didn’t have time to put known things right in nov (they are always contradicting themselves) and that they should be allowed to return to site  to fix these ‘minor snags’, the majority are not minor snags, they are building regulation contraventions    5) we have quotes from 3rd parties to do the work. We do not want the original builders back because:    a)quality of their workmanship has been called into question by ourselves, building control and a 3rd party surveyor    b) lack of trust in what they tell us - for example they’ve deviated from the plan, used different materials, refused to fix items saying nothing wrong and it’s how they always do it, refused to give deadlines, knowingly cut corners, have said work is signed off when it isn’t etc    c) their behaviour:  smoking weed on site, urinating next to my garden office, swearing, smoking, leaving the house with doors wide open and unlocked, leaving site unsafe with scaffold boards & materials lying across/over paths at end of day/week, all these things were raised with them verbally & in emails    d) they repeatedly said they hate working for us, they can’t wait to leave, none of them enjoy coming here etc   so, my question is.. do we have to allow them to return or can we say that we want a refund or for them to cover 3rd party costs?    im feeling that they have had enough opportunities to do the right thing and put things right, I’m also feeling that we aren’t being unreasonable by not wanting them back..   they say they can’t understand why we are rushing to get 3rd parties to finish the job and that the job is ‘live ‘ with them.   my feeling is that this job should have been finished in July (at no point have they provided a revised completion date despite us asking numerous times), they were given nov to finish & go, we’ve not heard from them over past 2 months so how could it still be live, and that we’ve spent 2 cold months living in a half finished house which doesn’t have heating completed, is damp & draughty, Ofcourse we want to get it finished asap! Any input would be appreciated, thank you.
    • Well, quite a change in stance from the Met after Johnson delays it   From 'We are fine with the report being released in its entirety, to effectively 'don't mention the bad stuff - which is as we first expected from Johnson and Dick before the surprising 'yeah release it'     Met Police asked Sue Gray to remove key details from report WWW.INDEPENDENT.CO.UK Force is running parallel criminal probe into potential lawbreaking at Downing Street     Wonder what self destroying message personal phones that was arranged on?
    • I were recently in an accident with another vehicle earlier this month and swapped details of both myself and the owner of the garage etc no police were contacted and both able to return as normal.   After contacting the garage they then inform me later on, in the day they required my own insurance to cover the cost only to be a named driver on the one being repaired and informed them of this.   I then requested they come collect the vehicle in which they did days later.   Didn't hear much more until recently with the owner of the garage contacting in abit of a panic for insurance details again and explained once more being a named driver on the policy, His insurance has received a '3rd party allegation' in which the garage owner has passed my details on for being the driver.   I and others have used this person for years and when we first used him I would ask him verbally how come we can swap vehicles and he informed me he had business insurance to cover anyone whilst their vehicle gets repaired and this is clearly a lie.   I did get some legal advice and one of them were to wait for a Notice of Intended Prosecution but i am concerned the owner might not be telling the truth to their own insurance or not telling them what happened??   Should I hand myself in the police and tell them the garage isn't being honest?   Any help or experience/expertises would be greatly appreciated.        
    • Tyne Tunnel rescinds 11,000 toll non-payment fines WWW.BBC.CO.UK Norris Atthey said he would "not be bullied", as new figures show 43% are successfully appealed.  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Sacked for misconduct (will appeal)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3534 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok sacked for misconduct - i have a few questions:-

 

1. The letter in which I was informed of the decision to dismiss me with the effect of the date of the letter was not officially signed by anyone from the company I worked for - does this mean it does not stand as its not signed?

 

2. reasons for dismissal are not sufficient for gross misconduct - no prior warnings etc -

reasons by company given were - failure to carry out management instruction and gross insubordination.

I worked for a haulage company who requested I picked aload up from 2 places - I was only able to pick up one in my working day - every wednesday I pick up my daughter and was not able to work overtime for which management new i am unable to as this has been the case for 6 months and I had already completed 1 hrs OT before shift start.

 

Do I have a good case for unfair dismissal?

Link to post
Share on other sites

How long have you worked there?

 

On the day in question, did you inform the employer when they asked you to drop two loads that you would not be able to do so?

 

As far as I am aware, whether the letter is signed or not is largely irrelevant - you could point it out to them but they would probably just reprint and sign it!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

ok ty for reply - I have worked with the company 4 years and on the day in question I had not informed him in the morning but as this has been the case for 6 months and have not been required to inform him as i had previously informed him every wednesday i am unable to work over time at the end of my shift.

Link to post
Share on other sites

sorry also - i am required to do a reasonable amount of overtime as long as i have recieved reasonable notice - I had already worked 14.5hrs by the wednesday. There are some other deeper issues with regards to contract also which i will have to discuss with CAB as our contracts have not been updated or signed by me since payscales have changed 2 times negatively and 1 time positively but still less money than the original contract i signed 4 years ago.

Link to post
Share on other sites

Hi Mate

 

Have you ever sat down together and discussed this in a review or better yet put it down on paper?

 

Tom

 

only discussed verbally with manager to inform him of my requirement on the wednesday of which he had no issues with.

Link to post
Share on other sites

It was never an issue and was not re discussed by my manager until the dismissal.

No not at the beginning of employment only when my childcare needs changed 6 months ago.

Link to post
Share on other sites

I think before any consideration of Unfair Dismissal you need to go through the formality of an appeal against your dismissal. This needs to be constructed around the fact that you had an agreement with your employer that you were not required to work overtime on a Wednesday due to childcare commitments. This agreement had been in place for six months without any complaint by the employer and you had not been notified that the agreement was under review or had been revoked in any way.

 

You should also stress that in your four years of service you have never been insubordinate, nor refused any reasonable request to carry out extra duties and that the employer's actions in dismissing without warning are, you feel, unfair in the circumstances.

 

This may work, but there are no guarantees. You will notice that I use the word 'agreement' and this is the seed that you need to plant. If this were to have been a formal flexible working arrangement to allow you to care for a child, then you would be on stronger ground, but with only an informal, verbal, agreement this is harder, and it is entirely possible that the employer would be entitled to dismiss for the grounds stated in the absence of a specific conversation about the workload on that particular day.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Ah right ok, so you have been employed for 4 years with them, but 6 months ago, you made them aware that you need flexibility around your shifts and in return you would work overtime?

 

There is always an argument of an 'Oral Agreement' in a case like this however it can sometimes be very hard to prove.

 

Is there a possibility to get a copy of your last 6 months or as much as possible of your work rota's? because this would show that the Employer has acknowledged the need to help you and has adjusted there rostering around your child care needs

Link to post
Share on other sites

This may work, but there are no guarantees. You will notice that I use the word 'agreement' and this is the seed that you need to plant. If this were to have been a formal flexible working arrangement to allow you to care for a child, then you would be on stronger ground, but with only an informal, verbal, agreement this is harder, and it is entirely possible that the employer would be entitled to dismiss for the grounds stated in the absence of a specific conversation about the workload on that particular day.

 

the quote in red - sorry I had informed my manager that to pick up from the second location would incurr overtime of which I was unable todo due to childcare.

 

thanks for the reply sideinder I will use this as my main defence in the appeal - I should have gone to spec savers and got a formal written agreement. but at the time my manager had not indicated there would be a requirement for this.

Link to post
Share on other sites

Ah right ok, so you have been employed for 4 years with them, but 6 months ago, you made them aware that you need flexibility around your shifts and in return you would work overtime?

 

There is always an argument of an 'Oral Agreement' in a case like this however it can sometimes be very hard to prove.

 

Is there a possibility to get a copy of your last 6 months or as much as possible of your work rota's? because this would show that the Employer has acknowledged the need to help you and has adjusted there rostering around your child care needs

 

the overtime was already a requirement not a bargaining tool - we only had a clocking in system installed 3 months ago so i could request this data for the appeal.

Link to post
Share on other sites

Yes definitely get the data for that, because that would be a great for you to have, So your able to question them on why for 3 months they hadn't a problem with it but all of a sudden you do 1 thing 'apparently wrong' and they think they have grounds to dismiss you straight away, its laughable.

 

Like Sidewinder says appeal the decision first and when you get a chance to, talk to them face to face re illiterate to them your position argument, and then they may reconsider there stupid mistake.

Link to post
Share on other sites

It seems a very over the top response by your employer - perhaps it might have more to do with how important the customer is to your employer (that you had to pick up the second load from) than you yourself. Is there any chance of your employer cooling off and discussing reinstatement? Erm, might be worth 'googling' about explicit and implicit terms of employment which might help clarify things a bit for you - in that your contract of imployment isn'y just what is always just what is written down in your contract (explicit terms). There may be implicit understandings as well - perhaps what we used to call 'custom and practise'? (I'm no legal expert by the way - but there are certain informal agreements/work patterns that employers can't simply ignore if things go pear-shaped at a later date in the employment relationship). Are there any trade unions you can refer the matter to?

 

I know at this point in time your may be furious - but do be careful (in the heat of the moment) what you may say to your employer or put in writing right now.

 

All the bast

Link to post
Share on other sites

  • 1 month later...
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...