Mistreated by a Supermarket

[think about it]

I'm guessing that the requirement to be on-time was also in the handbook? Could it not be argued that by being late you broke the contract first?

[123ab]

I'm guessing that the requirement to be on-time was also in the handbook? Could it not be argued that by being late you broke the contract first?

 

As I understand, a contract starts when there is an agreement between two parties. This agreement can be verbal, by behaviour or in writing.

 

You will notice from my videos that I claim the company had destroyed evidence. The evidence would have shown you that I had not agreed (whether verbally, by behaviour or in writing) to the timetable that I was given.

[p3t3r]

how has there been a breach of contract? you were dismissed for time keeping. the only breach of contract from what i see is your own, ie - you breached contract by being late, that resulted in your dismissal.

 

id just advise to forget about this, move on, take it as a life lesson in knowing that time keeping is important for employers... otherwise... well, you have experienced the otherwise... and don't waste money on solicitors - that is of course unless you can show the reasons your solicitor has stated that there has been a breach of contract

[123ab]

how has there been a breach of contract? you were dismissed for time keeping. the only breach of contract from what i see is your own, ie - you breached contract by being late, that resulted in your dismissal.

 

id just advise to forget about this, move on, take it as a life lesson in knowing that time keeping is important for employers... otherwise... well, you have experienced the otherwise... and don't waste money on solicitors - that is of course unless you can show the reasons your solicitor has stated that there has been a breach of contract

 

I have already explained my reasons for believing that the contract was breached by the employer in my videos.

 

I have also explained in the post above that not all term of the contract were properly agreed. So it is unfair to say that I breached the contract first without knowing all the circumstances.

 

I have tried to explain everything in my videos.

[think about it]

So, in effect, you didn't like / didn't want to work the rota - decided not to go in and subsequently you were dismissed?

 

To be fair, I don't expect the team I work with to agree with the rota. I schedule based on their contract of employment and business need. Working for a supermarket there has to be an expectaion of flexibility in times, otherwise why would you go for it?

 

If I may, let me edit your first post for accuracy...

 

"A few years ago I was dismissed by SUPERMARKET for being late / awol within the first three weeks of being there. They moved straight to Gross Misconduct (which not turning up for your shift probably counts pretty highly) and dismissed me. Is there anything I can do?"

[123ab]

So, in effect, you didn't like / didn't want to work the rota - decided not to go in and subsequently you were dismissed?

 

To be fair, I don't expect the team I work with to agree with the rota. I schedule based on their contract of employment and business need. Working for a supermarket there has to be an expectaion of flexibility in times, otherwise why would you go for it?

 

If I may, let me edit your first post for accuracy...

 

"A few years ago I was dismissed by SUPERMARKET for being late / awol within the first three weeks of being there. They moved straight to Gross Misconduct (which not turning up for your shift probably counts pretty highly) and dismissed me. Is there anything I can do?"

 

I have clearly explained in my videos that it was not gross misconduct.

 

My video even shows part of the email where the supermarket solicitor says that although my dismissal meeting engaged the disciplinary process, and hence could be referred to as a disciplinary meeting, that it is more correctly a non-confirmation meeting.

[p3t3r]

I have already explained my reasons for believing that the contract was breached by the employer in my videos.

6 minutes of a video equates to about 10 or seconds of text.

 

I have also explained in the post above that not all term of the contract were properly agreed.

You explained you didn't agree to your work rota/ timetable. You didn't want the work, so you didn't turn up.

 

So it is unfair to say that I breached the contract first without knowing all the circumstances.

You were given your timetable, you failed to stick to your work timetable. Are you saying that it is unfair that because you didn't know the circumstance of not sticking to your timetable would result in your employment being terminated?

 

I have tried to explain everything in my videos.

 

Nevermind your videos. There seems to be a lot of irrelevant information in them. Can you explain what the reasons are in which your solicitor said that 'supermarket' has breached the contract?

..

[tobyjugg2]

I have clearly explained in my videos that it was not gross misconduct.

 

Hardly, It seems to be some boring waffle about something that happened 3 years ago which is as far as I got before boredom had me hitting the stop button.

 

From your posts here you also seem to be implying that you have taken issue with solicitors and complained to the Ombudsman.

All over you being sacked for crap timekeeping from the start of your employment it would seem.

 

Deluded comes to mind. Solicitors won't mind as long as they are getting paid for 'progressing' your 'grievance.

 

It really looks to me like you are potentially setting yourself up for a big bill and retaliation/recompense claims from the other parties involved.

 

If it was 3 years ago - what are you playing at or hoping to gain?

 

If what p3t3r says is right that you wanted to work what hours you wanted, rather than when they wanted you too work, so you didn't turn up because the hours didn't suit you, then that really is nothing short of ridiculous.

I wouldn't have waited 3 weeks to sack you, if you ever were actually what could be considered employed by them.

[123ab]

Can you explain what the reasons are in which your solicitor said that 'supermarket' has breached the contract?

 

I have attached a letter which shows that a solicitor believed that my case was worth being referred to the Free Representation Unit. This would mean that the solicitor believed my case had merit.

 

image share

[p3t3r]

it does not mean the solicitor believed your case had merit. due to their lack of expertise, they referred you to someone else - that is not saying that they believe there is any merit in your case.

 

you did say your solicitor gave you reasons as to why the contract is breached and i've asked you 2 times already to provide the reasons.

 

if all you can provide is that letter, then that is not a reason! it is just a referral.

 

Sometimes, people can believe that they are in the right when they are so in the wrong and no matter what anyone else says they would always believe they are in the right. Ive experienced this myself and I think you are experiencing it right now. I think that even if 1,000 people were to post in this thread each saying you don't have any chance, you would still live in the belief that you are right and the supermarket is wrong.

[tobyjugg2]

referral as he requested ....

[123ab]

it does not mean the solicitor believed your case had merit. due to their lack of expertise, they referred you to someone else - that is not saying that they believe there is any merit in your case.

 

you did say your solicitor gave you reasons as to why the contract is breached and i've asked you 2 times already to provide the reasons.

 

if all you can provide is that letter, then that is not a reason! it is just a referral.

 

Sometimes, people can believe that they are in the right when they are so in the wrong and no matter what anyone else says they would always believe they are in the right. Ive experienced this myself and I think you are experiencing it right now. I think that even if 1,000 people were to post in this thread each saying you don't have any chance, you would still live in the belief that you are right and the supermarket is wrong.

 

I said that solicitors agreed with me.

 

The solicitor's letter that I attached above is from a free legal advice centre. They don't represent clients. They just offer a one-off free written advice letter and a referral where they believe a client's case has merit.

 

Th solicitor wrote: "Due to lack of expertise in conducting litigation and restriction on our professional indemnity insurance..."

[123ab]

The solicitor isn't saying that he has a lack of expertise in legal knowledge.

[123ab]

referral as he requested ....

 

You have to ask for a referral to get a referral.

 

If you just ask for advice without a referral then you will just get advice.

[tobyjugg2]

You have to ask for a referral to get a referral.

 

If you just ask for advice without a referral then you will just get advice.

 

The letter you posted appears to be the solicitor/advice centre you spoke with washing their hands of you, claiming ignorance, and it quite clearly says they are referring (passing the buck) it 'as he (you) requested'.

 

Looks like an ass covering exercise on their part to me, but good luck with your claim.

[think about it]

i think the thing we've tried to impress on you is that there can be no surprise when through lateness/not turning up/being obstructive that your employment didn't continue throughout the assessment period. Did you really need a meeting to tell you to turn up, on time for your rota'd shift? Why would even the best willed employer be expected to tolerate that so early in the relationship and not think 'hmm, hang on - he's not really right for us.'

 

Indeed, it would seem that if the effort you're putting into complaining about your treatment had been applied during your probation you'd never have found yourself in this situation.

 

It seems that you have, subsequently, managed to scrape through an assessment period with another employer. Congratulations.

 

Now, seriously, walk away and get on with your life.

[p3t3r]

you say your solicitor said there are instances that supermarket has breached contract.

ive asked you for the reasons 2 or 3 times and you show a referral letter that doesn't contain one single reason as to why the solicitor thought your contract had been breached.

 

you dont need to show a letter or make a video. all you need to do is to type.... and type the reasons as to why your solicitor believes the contract has been breached. i feel only after you do this that people can help you further. but i also feel that there are no reasons other than what you believe in your own mind (you believe you are right and they are wrong)

 

unless you TYPE the reasons, then i think there is nothing anyone can say further which will help you!

[123ab]

 

It seems that you have, subsequently, managed to scrape through an assessment period with another employer. Congratulations.

 

.

 

I don't know where you got this information from.

 

Now, seriously, walk away and get on with your life.

 

So are the issues that I raised (which the supermarket solicitor has never told me what they are specifically but claims that they have been addressed) not so important that I should leave the matter altogether?

[123ab]

so the reasons... the reasons the solicitor believes there to be a breach of contract ???

 

that is my third time of asking. i guess now that there are no reasons other than what you believe to be reasons in the referral letter. (which there are none)

 

You have to argue your case at court and show that your contract was breached and that you suffered damages.

 

The reasons for believing that a contract is breached will be in your statement which you provide to the court. I shared some of those reasons in my videos.

 

Getting a referral for a "Breach of Contract" case by a solicitor, as I did, shows that that solicitor agreed that there is merit to my claim.

[p3t3r]

You haven't raised any issues other than your own belief that you are right and supermarket is wrong.

 

Again, I ask, can you name the instances as defined by your solicitor that the contract has been breached? You don't seem to be able to supply that information.

[think about it]

I don't know where you got this information from.

 

 

Here: http://forums.digitalspy.co.uk/showthread.php?t=2071175&highlight=

 

11-05-2015, 22:30 #6123ab

Forum Member

 

Join Date: Sep 2013

Posts: 26

 

 

Quote:

Originally Posted by ba_baracus

You should probably focus your efforts on finding a new job, instead of wasting time making videos which will achieve nothing.

 

I already have another job.

 

In fact, I have done a few jobs since.

 

 

and here: http://www.worldlawdirect.com/forum/miscellaneous-topics/74484-supermarket-dishonesty-please-sign-petition.html

 

It would seem that regardless of wherever you post this you're getting the same advice...

[p3t3r]

You have to argue your case at court and show that your contract was breached and that you suffered damages.

 

The reasons for believing that a contract is breached will be in your statement which you provide to the court. I shared some of those reasons in my videos.

Well I must have missed them. Like you have missed the many times I have asked you to write or TYPE the reasons. Can you? Can you type the reasons as to how the contract has been breached as defined by your solicitor?

 

Also, how can your solicitor say that the contract has been breached when the letter shows that they were unable to provide you with advice and provided only a referral letter? That in itself is no reason, it is simply a 'go away'

Getting a referral for a "Breach of Contract" case by a solicitor, as I did, shows that that solicitor agreed that there is merit to my claim.

No it does not show that there is merit to your claim. You requested the referral yourself, they just provided you with a letter confirming that. Letter clearly stated they were not able to help you due to lack of expertise in litigation.

 

anyway, good luck... im out of this thread... its just going to go round and round in circles with you believing you have merit in the case, that you are right, when the facts are that there is no merit and you were not right as you breached contract by not following works rota.

 

please dont say the merit and reasons can be found in your videos. ive asked you a few times to type the reasons given to you by your solicitor but you cant or wont.

[123ab]

Here: http://forums.digitalspy.co.uk/showthread.php?t=2071175&highlight=

 

 

 

and here: http://www.worldlawdirect.com/forum/miscellaneous-topics/74484-supermarket-dishonesty-please-sign-petition.html

 

It would seem that regardless of wherever you post this you're getting the same advice...

 

What you have quoted doesn't show what you claimed that I managed to "scrape" an assessment period with another employer.

[123ab]

You haven't raised any issues other than your own belief that you are right and supermarket is wrong.

 

Again, I ask, can you name the instances as defined by your solicitor that the contract has been breached? You don't seem to be able to supply that information.

 

I presented my case to a free legal advice centre. They agreed that my case has merit.

 

These are some of the points I presented.

 

Details

 

SUPERMARKET employee handbook stated : “Your offer letter/contract will refer you to the handbook for more details, that’s because parts of the handbook make up your contract of employment.”

The main contract document between me and SUPERMARKET stated: “Details of the formal Disciplinary Procedure are contained in your Employee Handbook.” So it appears that SUPERMARKET disciplinary procedure detailed in their handbook was contractual.

My understanding is that neither the employment contract nor the employee handbook (which contained further contractual terms) state that probationers are excluded from the disciplinary procedure or that probationers have a different disciplinary procedure from colleagues who are not in probation.

 

 

What SUPERMARKET Employee Handbook Stated Regarding the Disciplinary Procedure What Actually Happened in my Case

(According to Me)

“The aim of our disciplinary procedure is always to alter behaviour rather than punish wrongdoing.” There is no reference in the invitation to the meeting letter of me being given a formal warning to alter my performance or conduct prior to my disciplinary hearing. I was dismissed at my disciplinary hearing.

 

I was not given an opportunity to alter my behaviour, which is what SUPERMARKET handbook states is always the aim of their disciplinary procedure.

Regarding the disciplinary procedure, SUPERMARKET employee handbook stated:

 

“One or more of these stages may be omitted if the issue is sufficiently serious, however a colleague will not be dismissed for a first breach except in cases of gross misconduct.” I was dismissed for an alleged first breach.The reason for my dismissal was not gross misconduct.

[123ab]

anyway, good luck... im out of this thread... its just going to go round and round in circles with you believing you have merit in the case, that you are right, when the facts are that there is no merit and you were not right as you breached contract by not following works rota.

 

please dont say the merit and reasons can be found in your videos. ive asked you a few times to type the reasons given to you by your solicitor but you cant or wont.

 

Are you a solicitor?

 

Have you seen all the relevant facts to make such claims?