automatically unfair - unfair dissmisal

[mariefab]

Yes, can you please answer the parts that Emmzzi has highlighted above?

It's important.

[legalrights]

what case is it you was going to refer to?

[legalrights]

In previous discussions reagarding the matter ,The reason i was given is that " because im a part time employee i must take my break at the end" this was also there answer to it in writing during the dismissal.

Edited November 1, 2013 by legalrights

[fletch70]

So in the instance that led to your dismissal there was or was not any conversation about breaks?

[legalrights]

I had my orders fletch

 

btw who u tellin to behave?

[mariefab]

Step 3. (please be patient)

1. After they said c you refused to carry on working because, as you had said immediately before, this would mean that you would have to work for more than 6 hours without a break.

Is this correct?

 

2. If you had carried on working until the task was finished; would you have remained at the workplace for the duration of your break at the end?

[legalrights]

1. In previous discussions reagarding the matter ,The reason i was given is that " because im a part time employee i must take my break at the end (under any circumstances , even when i had told them i was feelign dizzy and stressed ,which i was again. )" this was also there answer to it in writing during the dismissal in relation to break at the end, i had not abandoned my duties,i had took my "legal" break.I had enforced my legal rights to a break.And my rights as a part time worker.

 

2. no i dont think anyone has to do that do they? although legally and contractually the break should not be at the end anyway.

 

do u actually have an example to show me?

Edited November 1, 2013 by legalrights

[legalrights]

Btw , i am just wondering is instant unfair dismissal a 100% win or do they still take other things into consideration like if they think my conduct contributed etc.

[mariefab]

OK, so you refused to carry on working.(?)

Step 4

What did they say at the time you refused?

 

a) Fine, take off then (or words to that effect).

b) Alright, you can take a break now then carry on working.

c) We'll deal with you tomorrow...

d) Nothing, I just told them I wasn't going to continue without a break and walked out.

e) Nothing, I didn't tell them I was refusing to carry on working, I just left.

f) Something else. If so, what?

 

Yes, contributory conduct can be taken into account in an automatically unfair dismissal.

[becky2585]

OK, so you refused to carry on working.(?)

Step 4

What did they say at the time you refused?

 

a) Fine, take off then (or words to that effect).

b) Alright, you can take a break now then carry on working.

c) We'll deal with you tomorrow...

d) Nothing, I just told them I wasn't going to continue without a break and walked out.

e) Nothing, I didn't tell them I was refusing to carry on working, I just left.

f) Something else. If so, what?

 

Yes, contributory conduct can be taken into account in an automatically unfair dismissal.

 

Hi Marie - it's only "ordinary" unfair dismissal that deals with contributory fault. Automatically unfair dismissals have no defence

[mariefab]

Yes. Mr Impatient, I do have an example to show you.

However, I'd like to make sure that it will actually help your particular case before I raise your hopes.

This is why I'm asking these questions first.

[mariefab]

Oops! My bad.

I thought that they could still take it into account on remedy.

[legalrights]

f, In previous discussions reagarding the matter ,The reason i was given is that " because im a part time employee i must take my break at the end (under any circumstances , even when i had told them i was feelign dizzy and stressed ,which i was again. )" this was also there answer to it in writing during the dismissalicon in relation to break at the end, i had not abandoned my duties,i had took my "legal" break.I had enforced my legal rights to a break.And my rights as a part time worker.

 

and yes i had informed some one the job was not done who as far as i know is responsible for arranging for it to be done.Then i left.

 

legally and going by the orders given , i was not in a position to continue without damage to my health

[legalrights]

Marie can u please hurry up and show me , ill be at the tribunal by the time we get to the end of this ! thats 3 days now

[mariefab]

For now, forget about what had been said on any earlier discussions about breaks.

At the moment I'm not concerned with whether you took a break or whether you were entitled to a break.

I just want to make sure that you made your position clear on the relevant day.

 

So, on the date in question, after you'd worked for 5 hours and 31 minutes did, you actually say to whoever was in charge on that day something that has the same meaning as, " I won't carry on working until after I've had a break" ?

Yes or No?

 

I'm trying to definitely establish that, on that particular occasion, you either refused to do something, or you said that you would refuse to do something unless....

 

Because if you just said the job wasn't finished and left the case I found won't help you.

[legalrights]

i did not refuse to do anything ,i was not asked to work on

there was nothing more i could do i did not know how to finish the job they then started to lock up the office

according to the company policy if i have a problem i must return to the office and inform the manager that there has been a problem which i done

its also not my obligation to work on after this point of informing them of the problem .it was not my fault they did not train me

I then went on my break legally entitled to me , which according to them should be taken at the end because im a part timer

I was then later accused because i did not inform them at earlier time (no specific time) then that was the problem

I was also completely stressed out because i had not had a break so whatever u think i should of done or wotever u can blame the stress

[mariefab]

OK, the case won't help you as you didn't make your position clear to your employer at the time.

I'm afraid that, if anything, it shows how you'll be likely to lose your claim.

I'll post it anyway though, in case it can be of help to someone else.

 

http://www.bailii.org/uk/cases/UKEAT/2012/0464_11_0302.html

[legalrights]

It also states

 

No doubt where a collective agreement or workforce agreement is in force this will be with the appropriate parties to that agreement other than the employer.

[legalrights]

I dont really think you can compare that to the case im talking about. thanks anyway

[legalrights]

And for your information i had refused in the previous discussions, they just demanded it and lied by saying because im part time i have to take it at the end.

[becky2585]

OK, the case won't help you as you didn't make your position clear to your employer at the time.

I'm afraid that, if anything, it shows how you'll be likely to lose your claim.

I'll post it anyway though, in case it can be of help to someone else.

 

http://www.bailii.org/uk/cases/UKEAT/2012/0464_11_0302.html

 

Completely agree - there is no claim here.

[fletch70]

My gut feeling here, for what it's worth is that legalrights is hurt and angry, a very natural feeling when you lose your job however I suspect that there is more to this than has been told. Of course not knowing the full details of the work etc makes it more difficult to comment.....for example if you had half cut the grass and then left it that is one thing but if you had left a vulnerable person without heating or hot water because you had not fixed the boiler I would be a lot more concerned.

All I can suggest is try CAB or ACAS

[legalrights]

I dont really take advise from anyone that does not know the law tbh but was nice having a chat about it at least smokejumper is on my side ha haaaaaaaa

[fletch70]

I am not sure he is on your side, and when you say doesn't know the law why did you come here. It seems that you only wanted someone to confirm what you believe. BTW and it's a pet hate. I advise, you take advice.

 

How do you know who does and doesn't know the law, you obviously don't

[fletch70]

Emmzzi

I take back anything and everything I may have suggested about you. You were right to bow out