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?

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.

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.

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.

 

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?

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.

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

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..."

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

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.

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.

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.

So why haven't you sued them yet? If a solicitor is so sure, then why haven't they gone for it.

I have answered this in my videos.

To win a breach of contract case in a county court you have to show that you suffered financial damages. It is not sufficient to show that your contract was breached.

This is the only thing that held me back from suing the company.

 

what is written on paper that the supermarket has denied?

 

For example, the supermarket has denied that the employee handbook formed part of the contract whereas the employee handbook clearly states that parts of the handbook make up the contract of employment.

You were dismissed after three weeks of employment. You say yourself on digital that it was because of poor tine keeping etc. I'm sorry, but there is no comeback. It was within probation and clearly within the 2 year period. You have no grounds to do anything.

Just be careful you yourself don't become the one being sued for defamation or slander. They, nor the manager, appear to have done anything wrong.

I have already seen lawyers about this case. Not all the lawyers agree with your opinion that the company nor the manager had done anything wrong. In fact, the only lawyer that agreed with your opinion made some errors which have been acknowledged by the solicitor herself as well as by the legal Ombudsman.

There are clear terms of the contract which I claim they breached in the way they dismissed me.

I have not named any individual or company in public. I am aware that I need to be careful to avoid being sued for defamation.

This does look like a clever way to collect email addresses for spam lists.

I struggle to see why the need for such requests.

The email address is needed to send the information.

The name is needed so that I know what to call you when giving the information.

This form has nothing to do with spam.

Has anyone watched the two videos? Why would I make those videos (in the longer video I also show screen shots of emails) just to collect data for spam?

What else would the for ask for instead ?

I've changed the form now.

No need to enter personal details other than name and email address.

Im sorry, but i wont be putting my personal details in the form, to find out which supermarket is

 

I really don't see why they are needed

Would you fill in the form if your personal details aren't requested?

If so, I might change the form.

I was treated very badly by a major UK supermarket. To see more of my story, to help me and to find out which UK supermarket I am referring to, please see this link where you can watch a very short video (1:46 minutes long) and fill in a short form (less than one minute).

Please fill in this form and share it with your UK contacts.

https://docs.google.co

In a nutshell, my story is that the supermarket appears to have destroyed evidence that would have proven that it breached my contract and that it has made claims to have addressed the issues I raised but has never shown me any evidence to support its claims.

The human resources manager (in training) that I was instructed to see for further information about a forthcoming meeting openly declared on his personal Facebook page that he is "fluent in buls""t and sarcasm"

The supermarket has still not answered some important questions.

The supermarket still insists that it did not breach my contract.

My case has been brushed under the carpet and the company has denied even the things that are written on paper. The company seems to be pleased that I have so far not been able to do anything about the matter.

I feel forgotten and feel that I can easily be mistreated by big companies with near impunity. I feel my life has been a joke.

Yes, you should write to them stating that you intend to take the matter to court if they don't pay by the stated date.

You should try to get your mail redirected to your new address.

If you have registered online you should be able to update your personal details.

Make sure she brings evidence with her of her being at hospital.

I have joined a company recently carrying out deliveries multi drops, I have been told I'm self employed but I use there van, diesel and insurance, I have been told I get 80 a day and 40 for Saturdays, now here is the bit I am more confused by, they have set routes all planned out with eta times, now most of the time I can get finished before it or on time only by breaking half the speed limits, but when I do finish late ie today saturday where I started at 6am and only finished now 3pm they told me I get no extra because of traffic and still get the flat rate which would put me below minimum wage, where do I stand legally on all this, as I think the company is breaking the law heavily, including being in at 6am and not getting back to the depot till 8pm and then having to go back in at 6am which I'm sure is against the law again because your meant to have a 12 hour rest or so I have been told, can anyone tell me what I can do

Doesn't seem right to me. Perhaps you should visit a local law centre and seek legal advice.

I also have had a bad experience with the Legal Ombudsman. I felt their judgment was not impartial.

so they have not stated in letter to you! then as I suspected you have to assume they are either looking into it or not, and follow and de;liberations on their site in the hope yours appear as I am doing on two counts.

The letter the SRA wrote to me clearly states that they have closed the matter and will not be making any further investigations.

The SRA only wrote to me because I asked my MP to contact them and ask them what they have done/are doing about my complaint about the solicitor.