Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


style="text-align:center;"> Please note that this topic has not had any new posts for the last 2938 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

A friend of mine is having a dispute with his ex-employer and is taking them to an Employment Triunal.

He wrote to them last week asking for a copy of his "Employment Contract" and "Statement of Particulars". The copy of the Employment Contract they supplied (they did not supply the SoP) was dated 2003. Whilst he was indeed working for the company on that date, he left the company in 2006. He did not return to the company until 2009 AND IN A DIFFERENT ROLE. In these circumstances, should they have issued him with a new contract ?

Share this post


Link to post
Share on other sites

simple - yes they should.


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

Share this post


Link to post
Share on other sites

They are trying to use the "Terms and Conditions" in that contract against him in a disciplinay matter. Are you saying they can't ?

Share this post


Link to post
Share on other sites

well, depends if he signed them when he came back to them.

 

When he resigned the first time, the contract he had signed was ended. When he went back in 2009, a new contract and terms and conditions needed to be signed. If he did not, then although he knew what the terms and conditions of employment were, he hadn't agreed to them as of 2009.

 

I would tread carefully, because if there is no contract, then technically he has very limited rights as well.


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

Share this post


Link to post
Share on other sites

Thankyou for your advice. He did not re-sign the contract in 2009.

Share this post


Link to post
Share on other sites

then approach it very carefully,

 

in the disciplinary i would ask to see the evidence of what has happened, where in his contract it said he shouldn't do it, where he had signed that he said that was agreed, if they refer to 2003, then i would say that isn't my start date.


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

Share this post


Link to post
Share on other sites

There can be a contract in place albeit not a written contract, created by one person turning up and the other paying them.

 

What point of the contract is relevant to his ET case? Just so we can rule out if other points of law would over ride the implied contract.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites

agreed

 

you can have an implied contract, custom and practice etc

 

but you should still have been given a statement of particulars (employee hand book) within 60 days of starting employment listing statutory perscribed and implied terms of that contract

Share this post


Link to post
Share on other sites

He is taking his case to an ET to argue his case against gross misconduct. Under ACAS guidelines his offence is not serious enough to be considered gross misconduct. They are arguing that because it is considered gross misconduct in the "Employment Contract" they have that right. I am just wondering that because he did not sign any contract, when he returned in 2006, can they enforce it ? By the way, before theis incident he did not have any varbal/written warnings on his record.

Share this post


Link to post
Share on other sites

has he seen the contract of employment the employer is relying on

 

just because he did not sign the contract, does not make it relevant. if the contract of employment is being changed then the staff would need to be informed and offer objections then

 

if he did not object then over time it would be deemed he has accepted those terms but was a consultation period done on the change of terms in the employment contract

Share this post


Link to post
Share on other sites

probably clutching at straws. was it in a staff handbook? on the corporate intranet?

 

would a reasonable person have been able to remember it was a bad thing to do?

 

Also, what outcome is he looking for?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites

No re-instatement !!. He feels that they did not take into account he previous good character and work record as they dismissed him immediateley at the Disciplinary Hearing. This infers they they had already made up their minds to dismiss him and did not consider a "Range of Reasonable Responses" (Burchell Test) e.g. written warning.

Share this post


Link to post
Share on other sites

did he have a fact finding interview prior to the formal interview where he was dismissed

Share this post


Link to post
Share on other sites

No real fact finding interview. He was told of the alleged offence, which he admitted immediately, and was then suspended. He's not denying the offence but the severity of the punishment

Edited by DEEJAYEMM

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...