automatically unfair - unfair dissmisal

[smokejumper]

Hey hands off Emmzzi, besides there's probably a que ;-)

 

 

ok now get emmzzi back to write out a structured claim for me.

 

emmzzi come back we luv uuu

 

i will love u forever if u do this for me

[legalrights]

emmzzi burned out early stomped her feet and didnt wait for big finalie , in contempt of thread.

[smokejumper]

Emmzi is cool, but if you upset her you won't get much help.

[legalrights]

she said she wont post and she wont but its not like its my fault if she reads this now then she has more info , she just hates not getting the full info

[becky2585]

she said she wont post and she wont but its not like its my fault if she reads this now then she has more info , she just hates not getting the full info

 

With a valid reason - how are people meant to advise without the full picture?

 

I note that many of the more helpful advisors on here have bowed out. For future reference, you may get more assistance if you are more structured and cooperative in your approach. I don't blame Emmzzi for leaving this one alone - and she has had many people try her patience in the past...

[legalrights]

i dont really care i think .. well i hope smokejumper has agreed with me its a vailid reason for unfair dismissal and a valid argument at ET thats all that matters to me.

 

theres no obligation to admit full details on here. But i understand , no need to throw a strop wen u dont get your own way tho

[fletch70]

Becky

With respect I have noticed that on occasions Emmzzi has a rather short fuse and does a queeny strop very well. She puts all the queens I know to shame:lol:

 

I do not doubt her knowledge and frankly on this occasion I can't say I altogether blame her.

 

I do not know which company the OP worked for but i am guessing Emmzzi does. I also admit that it took some picking through to find out exactly what the grievance is.

 

Can you please enlighten us all as to who the many more helpful advisors are who have bowed out?

[fletch70]

Legalrights

 

I personally have my doubts about unfair dismissal being a valid claim however as you haven't posted the full story , not even a complete version of your side of the story how can anyone really help. I have a suspicion that you were an architect of your own demise , you got a notion into your head that something was wrong and pushed and pushed.

Again I suspect that any decision , even in your favour will not be helped by your own behaviour.

 

I may well be wrong (it has been known)

[ims21]

Let's not take this thread off track.

 

Emmzzi will decide if they wish to contribute to this thread and there is no compulsion to do so and her consideration may not just take into account this thread.

[smokejumper]

What I'm saying is I think I would have said at 5 .30 that I'm having a brew now and then I will carry on until 7. But then I don't know the circumstances of your job, I do think being told to have the break at the end of the day is not right unless it has has been put to a vote or local agreement.

 

Now I don't know if thats enough to take it to an ET, I don't have enough experience, but I do know from reading/studying that even strong cases don't succeed.

 

Don't take out a case on my answers, have another read of fletchs link and see if your still confident.

 

Don't upset Emmzzi she's not the enemy ;-)

[legalrights]

Well i hardly think it would warrent any claims against me . i certainly have a valid case for the tribunal .

[fletch70]

I was not saying that they have a claim against you, however when it comes to the awarding of costs and compensation your own conduct COULD have a negative effect. It is not unknown for someone to win at ET but end up being out of pocket. I stand to be corrected if I am misinformed.

 

Maybe Emmzzi could confirm or deny that

[legalrights]

possibly .. depends on the bills youve racked up ie rent

[fletch70]

possibly .. depends on the bills youve racked up ie rent

 

Not sure what you mean. You can win and not get a costs order for example. What do you mean about rent?

[Sidewinder]

Fletch is correct - you could win the case technically speaking, but the Judge could consider a 'Polkey' reduction to any award to take into account to what extent the Claimant contributed to their own demise. You wouldn't face a costs award as the case was found in your favour, but the net award could be nil if the Judge reduced the award by 100% because, for example, you did not lodge a grievance, or in some way caused your own downfall.

 

An ET is certainly not a straightforward matter of black or white - there are many shades of grey in between.

[smokejumper]

Emmzzi also mentioned you might get sixpence.

 

Explain about the rent for us.

[smokejumper]

Still wondering what you meant by the rent?

[fletch70]

Just to clarify what i said, you can win but not get your costs paid (or so I believe) and as said by sidewinder compensation can be 0

[smokejumper]

Perhaps he is under the misconception, they will pay his rent.

 

He might have been supplied housing by the company and now he has been dismissed he has to rent somewhere.

[fletch70]

Behave:mad2:

[mariefab]

I think that I've found a case that might help you.

 

But before I raise your hopes, can you confirm that all 3 of the following apply to your particular circumstances?

Let's do this step by step because whether, or not, the case helps you depends on a very precise series of events.

 

Step 1.

1. You had worked without a break for 5 hours 31 minutes.

2. You were asked to continue working in order to complete a (or another) task.

3. At that time you clearly stated that if you continued working without a break until the task was completed your working period on that day would be over 6 hours.

 

Are these 3 statements an accurate account of the first part of your dispute?

Can you prove this? i.e. Do the documents of the disciplinary/dismissal/appeal confirm that these 3 things happened in that order?

[legalrights]

ye marie pretty much , what do u have for me?

[mariefab]

Step 2.

What was the response when you said that continuing to work would take you over 6 working hours that day?

a) No it won't, you'll be finished before 6 hours.

b) Take a break now (at 5 hours 31 minutes) then continue until the task is finished.

c) Even though the working period will be over 6 hours, finish the task then take your break after you leave at the end of the shift.

d) Something else.. If so, what?

 

Were you given any reason in justification of the response?

Can you prove that you received the response that you claim?

[legalrights]

c mam

[Emmzzi]

Were you given any reason in justification of the response?

Can you prove that you received the response that you claim?

 

..