Hey there! Sign in to join this conversationNew here? Join for free
    Offline

    18
    ReputationRep:
    (Original post by yungaheartz)
    the girls were about 22 and he was in his mid 50s
    So what?
    Offline

    14
    ReputationRep:
    (Original post by plasmaman)
    So what?
    ...you must be a man.
    Offline

    13
    ReputationRep:
    (Original post by Magic Streets)
    The only reason given was persistent lateness.
    Persistent lateness is adequate reason for dismissal. That other employees were also doing so is inadequate grounds for challenge via tribunal.
    • Thread Starter
    Offline

    3
    ReputationRep:
    (Original post by CCC75)
    Persistent lateness is adequate reason for dismissal. That other employees were also doing so is inadequate grounds for challenge via tribunal.
    On appeal, the decision would likely be overturned by a director, since it cannot be the case one employee is dismissed for punching someone, whilst 10 other employees guilty of the same offence get away with it.
    Offline

    13
    ReputationRep:
    (Original post by Magic Streets)
    On appeal, the decision would likely be overturned by a director, since it cannot be the case one employee is dismissed for punching someone, whilst 10 other employees guilty of the same offence get away with it.
    In a fictional world maybe. Not in the real life workplace.

    You would be laughed out of a tribunal hearing with your evidence for unfair dismissal being that other employees presented the same sackable offence as you, therefore you should be reinstated.

    Please put down the remote and stop frying brain cells with Hollyoaks viewing!
    • Very Important Poster
    Offline

    19
    Very Important Poster
    (Original post by Magic Streets)
    Having done some research on UK employment law, there are some things which an employee can do in this situation:-

    1) Reject the terms given for the termination of contract by the employer (yes, an employee can do this, it is a two way process with the employer);

    2) Appeal the decision if there are reasonable grounds to do so (the appeal meeting has to be done by a more senior manager than in the termination meeting);

    3) Make it clear to the employer that the employee is available to work until a final decision is made by the employer, meaning that he/she remains on the payroll until the appeal meeting has been completed.

    Also, an employer cannot treat an employee less favourably than anyone else, otherwise it becomes a breach of trust and confidence between the relationship of the employer and employee in question, and a case for constructive dismissal may be made by the employee.
    This is great dont forget to tell them how the directors come in late all the time and maybe mention how its unfair they are paid more than you as well.

    Your terms will be take it or leave it.
    You can appeal the decision, in which case they will just ring upstairs and then sack you. That will take ten minutes.

    Dude you dont really have any employment rights as you havent been working long enough. They can just terminate you, unless there were some equality issues..
    • Thread Starter
    Offline

    3
    ReputationRep:
    (Original post by CCC75)
    In a fictional world maybe. Not in the real life workplace.

    You would be laughed out of a tribunal hearing with your evidence for unfair dismissal being that other employees presented the same sackable offence as you, therefore you should be reinstated.

    Please put down the remote and stop frying brain cells with Hollyoaks viewing!
    You are wrong because an employment tribunal once awarded a verdict of unfair dismissal against an employee who was sacked for swearing. The panel found that it was very usual amongst the company culture for employees to swear, and not be reprimanded. Hence the behaviour was deemed acceptable, and not a sackable offence.

    You cannot just read a few websites or rely on hearsay to get to grips with how complex employment law is. The best way to learn is to read up on hundreds of previous cases.
    • Thread Starter
    Offline

    3
    ReputationRep:
    (Original post by 999tigger)
    This is great dont forget to tell them how the directors come in late all the time and maybe mention how its unfair they are paid more than you as well.

    Your terms will be take it or leave it.
    You can appeal the decision, in which case they will just ring upstairs and then sack you. That will take ten minutes.

    Dude you dont really have any employment rights as you havent been working long enough. They can just terminate you, unless there were some equality issues..
    A few points:-

    1) ALL employees come in late frequently, from junior staff though to the MD. And all but two members of staff are allowed by their contract to come in late.

    2) An employee must reject the terms of the termination or he/she will not be able to appeal. The appeal meeting will take place a few days later when the matter has been investigated by a senior manager, who will be liable to do it fairly. This is especially important if the employee brings a witness, such as a solicitor or a trade union official, to the appeal hearing.

    3) All employees have basic employment rights at the start of employment, and if anything serious is done to breach the trust and confidence in the relationship between the two parties, then constructive dismissal is an option.

    Unless you have extensive experience of employment law, or have at least read a comprehensive guide on the subject, I think you should not get involved in this topic, you sound too amateurish.
    Offline

    13
    ReputationRep:
    (Original post by Magic Streets)
    You cannot just read a few websites or rely on hearsay to get to grips with how complex employment law is. The best way to learn is to read up on hundreds of previous cases.
    (Original post by Magic Streets)
    Unless you have extensive experience of employment law, or have at least read a comprehensive guide on the subject, I think you should not get involved in this topic, you sound too amateurish.
    Please stop it's laughable! You are spouting text book law and sound like you have minimal real life experience within the workplace.

    In reality, particularly if the company is a small private firm, the director(s) will be in agreement with the dismissal of 'your friend'. Maybe simply because he made the wrong impression and they don't like him. The reason for dismissal will be recorded as unsuccessful completion of the probationary period, or simply due to persistent lateness. If the decision is appealed the company can even argue that they are beginning to stamp out widespread bad practice within the company.

    The likelihood of a tribunal judge intervening to reinstate this person is extremely low to zero. Real talk from real life observation within the workplace!
    • Thread Starter
    Offline

    3
    ReputationRep:
    (Original post by CCC75)
    Please stop it's laughable! You are spouting text book law and sound like you have minimal real life experience within the workplace.

    In reality, particularly if the company is a small private firm, the director(s) will be in agreement with the dismissal of 'your friend'. Maybe simply because he made the wrong impression and they don't like him. The reason for dismissal will be recorded as unsuccessful completion of the probationary period, or simply due to persistent lateness. If the decision is appealed the company can even argue that they are beginning to stamp out widespread bad practice within the company.

    The likelihood of a tribunal judge intervening to reinstate this person is extremely low to zero. Real talk from real life observation within the workplace!
    Are you an employment lawyer? No. Goodbye.
    Offline

    13
    ReputationRep:
    (Original post by Magic Streets)
    Are you an employment lawyer? No. Goodbye.
    No, just someone that has managed staff teams and delivered disciplinary and dismissal procedures. Your experience?

    Please come back and let us know how 'your friend' gets on with being reinstated.
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Would you like to hibernate through the winter months?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.