laid off after 27years unfair dismissal

[steven3367]

my friend has worked for the same firm for 27 years and was getting bullied for the last couple

he went to see the owner and told him various times that he could not work with the person involved

 

 

it came to a head last week and he told the boss on the Wednesday he couldnt carry on

the boss told him to go home and think about it as as far as he was concerned it was all in my friends head

and if he wanted to fetch someone in he would discuss it further.

he worked that day and

 

 

on Thursday decided to go home after turning up for work and think about things,

 

 

that night his boss put a letter through his door terminating his employment stating that he was no longer doing his job properly and he was finished.

 

 

He went to see the boss on the Fri morning and the boss wouldn't see him

 

 

is this unfair dismissal

 

 

he was also told he wasn't entitled to anything either.

 

 

do you think he has a claim for unfair dismissal

[SabreSheep]

HI there

 

From the information you have discribed there may be scope for wrongful dismissal as well as maybe unlawful dismissal.

 

Contact ACAS and see what they say.

[Sidewinder]

Not turning up for work, or speaking in terms that may be considered a resignation are rarely a good idea.

 

However, from the limited information available, there certainly appears to be scope for your friend to take this further. As above, a call to ACAS may be a good idea, as would a free initial consultation with a solicitor specialising in employment law.

 

Any chance your friend might consider registering and posting himself - it is always easier than dealing with a third party.

[GrumpyToSayTheLeast]

The end of the post sounds like you are saying he turned up for work and then just went home. Unless hr had proof to back up his accusations of bullying, he may just been seen as trouble maker and then walking off the job may be classed as gross misconduct depending on the type of job.

 

As said before though, if your friend could post up, we might be able to offer more advice.

[steven3367]

he went to see a no win no fee solicitor as he isnt in a union they told him to write to his ex employer and state the fact that he thinks he was unfairly dismissed and send reg post he followed the advice and received a letter from the employers stating a tribunal will take place next tues at the office with the owners dad (who used to run the firm) and the owner he is allowed to take someone in but they need to know who he is taken and they are not allowed to ask questions or speak to the panel the dad will then decide if he has been unfairly dismissed or not if he dose not go they say that means he has accepted that he is in the wrong and thats the end of the case. he can postpone the hearing if he wishes.

 

I cant believe that they think this is legal what are peoples thoughts

[Emmzzi]

I think you should answer the question about whether he just walked off the job!

[SabreSheep]

erm this does not sound right. The employer does not invite the claimant to a tribunal

[steven3367]

as i said the day before he was told to go home and think about it he didnt but the next day ehen he went in and found nothing had changed he decided to go as the boss had told him the day before to do it and he hadnt even if he had walked off and returned home the boss should have contacted to see why he before shoving a letter though his door that night dismissing him remember its a small family firm and he had been there 26 years no verbal warnings no writing warnings nothing just dismissed

[Emmzzi]

walking off the job is simply not on and weakens any case he has.

 

I suspect the boss means they are having a hearing, not a tribunal, and is using the language cackhandedly. The employer is now covering their butt in case it does go to tribunal.

 

Has he actually put a claim in yet? Clock's ticking,looks like it has been 2 months and he only has 3. Did the lawyer offer to take the case on?

[steven3367]

Yes the lawer will take it on they had to wait for the letter from the employer before taken it further he is now on the sick wirh depression

[Emmzzi]

So, I would let him be guided by the lawyer now; they will have all the details. Safer than us advising second hand?

 

Very interested to know how he gets on though!