Number of posts : 2735 Age : 43 Karma : 17 Hermit Points : 4360
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 2:05 pm
Sound Foundry wrote:
OK, he hasn't been dismissed but that doesn't matter - if it can be shown that an employer is deliberately creating the circumstances for a future dismissal (thereby saving himself a few quid in redundancy pay) then he is guilty of constructive dismissal.
This also applies to changing your conditions of work i.e. your job responsibilites, hours of work etc or demoting you etc etc without going through the correct procedure in order to agree changes to your conditions with you.
He's in a bit of a minefield really
Rig Stalker
Number of posts : 1493 Age : 104 Karma : 7 Hermit Points : 1628
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 2:15 pm
my missus took her last employee to a tribunal and won a princely out of court 5 figure fee for unfair dismissal.
not saying Dale is gonna get the sack like but just saying that sometimes you can take on the man and win
Jimatay Mod
Number of posts : 3341 Age : 40 Karma : 12 Hermit Points : 5333
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 2:33 pm
Had the urge to post this
Muldoon Dangerous
Number of posts : 2504 Age : 42 Karma : 19 Hermit Points : 4082
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 2:57 pm
Dale Admin
Number of posts : 5959 Age : 41 Karma : 50 Hermit Points : 12391
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 7:18 pm
So yeah, written warning.
Was a real short meeting and he basically said I was in the wrong to which I appolgised and he accepted, so not as bad as it sounds but still a little annoyed it's written and not verbal (never had a verbal)
But I'm joining a union as of tonight and I'm gonna speak to some legal people and find out what's what. In the mean time i'm gonna keep my head down and just work.
Thanks for the support though.
Danny Number 1 fan
Number of posts : 946 Age : 41 Karma : 6 Hermit Points : 2771
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 7:20 pm
Albeit it in retrospect, should've been with a union from day 1, although i understand you were like 16 or so when you joined them and it wasn't a priority. Manual workers unions have a good track record of working for their members, so yeah jump on it man.
Dale Admin
Number of posts : 5959 Age : 41 Karma : 50 Hermit Points : 12391
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 7:22 pm
Yeah my old man just emailed me the one he uses so it's on like Donkey Kong.
Sound Foundry Dangerous
Number of posts : 2735 Age : 43 Karma : 17 Hermit Points : 4360
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 11:32 pm
Dale,
You absolutely must NOT leave this and "keep your head down". This situation is so fucking unreal - it's obvious he is just setting you up. What next? You blow your nose in work time and you end up losing your job over it because "YOU'VE ALREADY HAD A WRITTEN WARNING"?
The company is on short time, redundancies have been made and if this guy can trim the workforce even further without it costing him a bean by finding a soft target to pick on, that's what he's going to do. Don't be his easy option. If he gets the idea you're no pushover he'll back off - he's on a loser and if you make him think about it for two minutes he'll realise that. And if he doesn't, it's gonna cost him.
Keeping your head down won't protect your job - if he wants you out, you're out regardless (and right now he's half way there). If that's the case all you can do is make it hard and make him pay.
First thing to do right now is sit down and write a very detailed account of the whole situation from start to finish, including every word he has said to you and your responses and all the circumstances surrounding the situation. Go into every last tiny, boring detail - dates, times, who was there etc. Also, continue to keep a record of every contact you have with him which could back up your case should you have to bring one against him. This could be invaluable later on as you will have accurate chronological information and he won't. Play it sharp.
Then for fuck's sake GET SOME LEGAL HELP!! Do it now and don't hesitate.
I'm serious mate - this is your livelihood and sometimes you got to fight to protect it.
Sound Foundry Dangerous
Number of posts : 2735 Age : 43 Karma : 17 Hermit Points : 4360
Subject: Re: Am I gonna get fired? Tue Jul 06, 2010 11:42 pm
Just out of interest, has he issued you with your written warning yet, or just told you you will be getting one?
emsarmusic Follower
Number of posts : 128 Age : 57 Karma : 0 Hermit Points : 238
Subject: ?? Wed Jul 07, 2010 8:22 am
I have a copy of the employment law handbook, as you know Dale I got screwed over last year and got a very good payout, I know one of the best employment lawyers around. Drop a copy of my handbook on your desk at work and get a letter from The Oxford Employment Law firm and they will be writing a chq quicker than you know it!
Stew
Sound Foundry Dangerous
Number of posts : 2735 Age : 43 Karma : 17 Hermit Points : 4360
Subject: Re: Am I gonna get fired? Wed Jul 07, 2010 8:39 pm
^^ what he said
Dale Admin
Number of posts : 5959 Age : 41 Karma : 50 Hermit Points : 12391
Subject: Re: Am I gonna get fired? Wed Jul 07, 2010 10:43 pm
Drivdac wrote:
I'm gonna speak to some legal people and find out what's what.
Dr Brackish Okun Stalker
Number of posts : 1322 Age : 39 Karma : 3 Hermit Points : 2628
Subject: Re: Am I gonna get fired? Thu Jul 08, 2010 10:00 am
Jesus. That's as soft as Alan sacking someone for leaving a dirty coffee mug on the desk! What a joke.