Hello there! Last month, the day before pay-day, at 23:30 I, and all of my colleagues got a message from our employer to check our emails urgently. So we did, and that’s stated, that the company has ceased to exist, we should not go to work tomorrow, and ever again, and we wont get paid, only a small portion of our original payment to "help with the expenses". (So from one day to an other, we lost our job, and found out, that we wont get a months payment as well - is this even legal?) We wrote an email to him, to try bargain, with no avail nor response. We also got a letter for BM Advisory, that states, that the company ceased to exist due "bad financial circumstances", and we could claim our payment, but they don’t believe that in excess of 750£ to petition would actually work, since the company does not have any material assets. Any advice would be much appreciated.

Perhaps Emmzzi can shed some light on a question I've had for a while on TUPE. In the rail industry, tends of thousands of employees are TUPEd over every few years as franchises are lost and won by the different companies. A lot of staff leave and join other Train Operating Companies (TOCs), sometimes to seek better working conditions, sometimes because they are effectively forced out, or sometimes just blatantly dismissed. Occasionally the "area/station boundaries" of each TOC are re-drawn by the government. This may get a bit complicated so I'll paint a fictitious example: January 2013 - A ticket office employee is employed by Green Trains at Birmingham Station May 2014 - The ticket office employee above is dismissed for gross misconduct. June 2014 - That ticket office employee finds another job quickly and is now employed further down the road with Red Rail at Wolverhampton Station and is an excellent employee. March 2015 - The government decides to redraw the railway franchise boundaries, and Green Trains will now run Wolverhampton station too, with all staff at Wolverhampton TUPE'd over from Red Rail to Green Trains. This means that the ticket office employee who was sacked from Green Trains would now be working for Green Trains again, despite previously being dismissed. Is Green Trains legally obliged to retain the employee because of TUPE legislation? Does their HR File from their original employment with Green Trains become active again or should they be given a clean slate and treated as new? Purely theoretical post, but I imagine this happens occasionally.

Hello everyone, I`m in need of some advice please! I was sacked yesterday at a disciplinary hearing at my work place, I was given a summary dismissal for gross misconduct. Before the disciplinary hearing I was suspended with pay for two weeks. As I was fired do I still get paid for the two weeks I was suspended? I know that I will be paid for outstanding holidays I have accrued and I am not entitled to "notice pay". Also what is notice pay? Thanks, Confused kid

Hello. I am a call center representative and been working for about 4 years in the industry. I am on a sales account respectively. On Oct. 28, 2013 I received a call from a customer asking for help to access his online account, therefore, I walked him through the process by using his email address so that I can generate a new password (Usual process to provide the customer a password is by getting the email address). In that case, customer receives the password through an email confirmation, however the password he receive did not work, so I asked for another email if he has and he gave a new email address and generate another password for him to use, in that instance, customer was not receiving the email confirmation for the password, I asked him to check the spam folder but there's nothing,in other words,the email was taking for a while. Then,momentarily he said the page he is up to is asking for his contact no,the license number of the software (we sell software product for business), and the last 4-digit of his credit card number, so I told him to enter all the information including the last 4-digit,then he did it but it failed again. Looking at the length of time I'm with the customer on the phone, it's already around 40 min., that time I'd been cramming around so I informed the customer that I will transfer him to another department who could help him with his issue, I put him on hold and contacted a dept. and when I spoke to the agent he said that the issue of the customer is out of his scope, thus, he asked me to return to the customer and ask about the main reason of his accessing the account. So I got back to the customer and he proactively said that he is just trying to register/activate:| his software and said why he have to do all of those if he is only registering the software, though I'm cramming on the call, I wasn't able to answer the customer's question and just informed him that I will transfer him to the previous department I had contacted (the previous dept can handle "registration" which is actually also part of my scope), so I put the customer on hold and cold transfer him the the department. (Cold transfer is a transfer where customer is not introduced to the next level/department). I'm not intentionally letting go of the customer, it's just that I was worrying about my handling time which was getting worst. Onset of that incident, the monitoring specialist approached me and said that I released the call, and I told him that I transferred the call despite of releasing it. I was asked by my supervisor to stop from taking in calls and log-out from the phone,and at that moment,my supervisor told me that we will have a hearing with the HR rep,so I've waited and waited until on November 15, 2013 I was asked by my supervisor to put a written explanation about what happened on the call to defend myself prior to a hearing,and only after a few days where my supervisor given me the chance to listen to the call recording which was handed to my supervisor by the monitoring specialist (I was delayed by writing first what happened on the call before listening to the recording). On Dec 11, 2013, a hearing was conducted and I was given a memo about the decision they had came up convicting me as stated herein-- "Call Chat or email avoidance or dropping of call/transaction : Disconnection of Call." That day I was eventually dismissed from my job. Any advise would be of great appreciation. Thank you. Johnny

Greetings to everyone! I have read some very helpful threads on this forum on constructive unfair dismissal (CUD) in preparation for my own case. I am keen to share my ongoing case so that, hopefully I can get help and support from you guys, and at the same time, other people might find my experiences with ET useful. Some basic info first: I had been employed FT in a uni in Scotland as a lecturer for over 7 years. I had to resign from my job in Feb 2013, essentially due to bullying by my Head of School aggravating my stress/depression, and the failure of the snr management to deal with my allegations of his bullying and refusal to adjust my contract despite medical evidence. I filed a CUD case on 22/5/13, and currently a case management discussion (CMD) is scheduled for 22/8 - only one day away now! Fashioning after one of the previous cases found on this forum, I have prepared an "Issues for the court" doc as follows: -- 1) Did the Respondent breach the implied term of “trust and confidence” in: a) Failing to consider my health conditions when dealing with my request for 50% contract change, both in May/June 2011 and August/September 2012? b) Failing to make reasonable adjustments to my contract given my medical conditions? c) Failing to follow internal procedures when dealing with my allegations of bullying by my manager? d) Failing to follow internal procedures when conducting a disciplinary investigation against me? And if it did: 2) Was the claimant constructively unfairly dismissed as defined by the Employment Rights Act 1996 section 95 (1) c? -- Of course, the above only provides a glimpse. I will try to provide more details later when I get time. But in the meantime, I would appreciate any opinion whether the "Issues" above appear more or less at the right level of details. b) might appear to be repeating a) but it does highlight a different aspect ("make reasonable adjustments"), or am I reading too much into it? Any comment is appreciated - thanks in advance! AG

I am due to leave my employment and want to file constructive dismissal or/and discrimination. Can I represent myself, if so, how do I find out the way to proceed? Can anyone help me?

I would appreciate any advice on behalf of my 19 year old son, briefly: He is an apprentice, has been trained in any skills, used as a labourer. Has had his days cut down from 5 to 4 Was told he had a disciplinary meeting 2 months ago it was cancelled at 15 mins notice, told him it would be rearranged but it was n't , he has had this hanging over him since then. Was using company van told to hand keys and sat nav back, and had to travel about 8 miles to a job ( he is an apprentice joiner) He says its making him ill and cannot face going back, Has anyone got a suitable letter template for this? Thanks

Unfair,dismissal,need,help,appeale been dismissed from work and need help with what to do for an appeal. The reason for dismissal is my capability to fulfil contract in a safe environment due to I'll health .by safe environment they mean my condition being controlled ( unfortunately no medication to help with my condition) To give some background I was I have been diagnosed with an condition with causes me to have a seizure at least once a day. Non epileptic attack disorder. With reasonable adjustment I went back to work and worked with my condition for 8 months. I have worked there in total 3 years. I had a seizure on my way to work one day and was told I wasn't allowed to return to work due health and safety as they felt it was too much of a risk for me and people around they told me I would have to go on the sick. I refused though as I wasn't sick it was just my condition which I believe I should be able to work with. I have proved I can work with my condition to high standards but I'm just not allowed in building to do so. No adjustment I came up with was classed as reasonable. I feel this is very unfair. I don't believe they can take disciplinary action for the reasons they presented and even worse be dismissed for them. I really don't know where to start with my appeal there is so many things I would like to say but know I should keep to specifics and keep it structured . HELP I need your guidance. Thanks

Looking for a little advice. First post, but this has been playing on my mind for a few days. Story. Got a perm job through an agency. Not a bad number. Job was sold as accountant PLUS review and improvement duties. The team i joined, long standing small team been there for between 15 - 6 years. I am the first new person for all that time. One line manager. One Director. Director wants improvement, that why i was picked, he calls staff meeting to tell everyone. Line manager does not, and states that his way is perfect and i must not attempt to do what employed to do. I am told i must never communicate with Director without first going through Line Manager. 6 weeks into job, friction within the team, expected but sorted. Now fully integrated. 12 week review for probation period, and line manger says that though i am doing the job, and now integrated, never late, always do what i am asked etc he felt that i didnt spent enough time with him. Though he also said that there is never enough time for him to spend with me. 6 weeks previously i asked for objectives so that i can make sure i meet his expectations, he refused. Bottom line. My line manager if very competitive, feels like he is never to be questioned etc. He finds me a threat, as the Director wanted me to improve the existing processes, on paper i am higher qualified etc, but i am always keen to learn. I feel that he wants me removed as he doesnt like the competition. The conflict stems from the Director and line manager, i am just stuck in the middle. I have started looking for another job. I will continue to remain fully functional in the organisation. I will not question, and will always do what is requested. He may change his mind and keep me on. Either way i cant stay and will make efforts to move as i am clearly not wanted by the line manager, i accept that. So here's my question. I have no legal rights. I know, i looked into it. Should i "formally" raise my concerns to the Director now, or wait until i am told they wont keep me on? Should i just shut it and suck it up? Should i "formally" complain after being told to go? I dont think the Director knows the line managers stance regarding the review, and i have my concerns about the line managers approach to many things including HR management and professionally. Once asked to leave, i have little reason to carry this on, but professionally i feel that the company is suffering because of the line managers approach. This is in direct conflict of the shareholders requirements. Any ideas?

Hi everyone Sorry to be the newbie posting only for the first time! I would really like some advice on what to do with regards to an employment situation. I work for the NHS and have 4 years accrued service. I have always been a loyal, hardworking employee, and have rapidly progressed through the ranks. I started a new job a few weeks ago, and after 2 weeks, I had burnt out and was signed off work for depression and anxiety - I've not been well at all. The role was not right for me, i.e. I could not do it. I was sent to occupational health yesterday who wrote on the report that no adjustments can be made and I should not return to that role. I've now been told by my employer that if no adjustments can facilitate my return to that role, then I can be dismissed, or have the option to resign. I have asked them to allow me to second elsewhere for a year to a role I would be happy/comfortable doing, but they will not allow it, citing that it would stop them from being able to fill the role permanently. I just cannot return there - the thought gives me panic attacks. I want to be redeployed or something. Where do I stand?

Hello All, I am really looking to make sense of all of this so constructive and factual feedback is what i would value... I work at a construction company as a site based manager and have been there just over 6 years to date. Back in April `11 i was suspended and subjected to an investigation and disciplinary hearing over an incident that happened on my site at the time. A member of the senior management team, the head of the department that i was part of, had become exceptionally attentive towards a female member of staff that was part of another department. As time went on it was clear that their main priority whilst at work was to be with one and other. He would follow her to the four corners of the region without any credible need just to be in the same room as her and for her, the attention from a very influential senior manager that had the ear of the Directors could do wonders for the career advancement she clearly desired. for the staff that looked on, this was mildly amusing at first. To see a middle aged man chase a woman that was 10 years his junior when she had suggested prior, that men 10 years her junior where her preference, was quite pathetic. He had an infatuation, and she a career need for his influence. Unfortunately as the months rolled by with the whole relationship escalating, results started to slip to a very noticeable low. Little or no attention was being paid by either party to their staff or to the business. He had now left his wife, purchased a yellow Porsche, lost 3 stone in weight and started having tattoos! She had assumed an unbelievable amount of self importance with the new found `power` that was made available to her. Although i had got on and won the respect of the senior manager since joining the company, i had seen her for exactly what she was, and in return she had completely seen this. At best there was a little frost in the room that we would be in, no chat but no altercations. Since joining the company i had always been selected to do the more complex, lager projects and welcomed the challenge and recognition of this. On several occasions i had been removed from smaller projects and sent to set up and manage the flagship ones as they came on line, being replaced by an `equal` to complete the smaller project i had started. This was then the case back in April `11 and i was given one of our management trainees on a 6 month placement to shadow myself and learn some of the site based sides to our business. She arrived one morning and confessed to me that the a fore mentioned woman was going to move her early and that i was not under any circumstances to be told! Personally, it made no difference to me having a trainee or not, but the underhand manor with which the trainee was being removed and the willful wrong doing and damage to the region centered around this woman, now did. An hour later the woman arrived and the friction between the two of us was very clear. All unspoken but very evident. Right on que the senior manager arrived after her and came into my office. I closed the door behind him and asked him the reason for the secrecy in moving a junior member of staff. He denied knowing anything about it. I then went on to state my opinion of the woman he was fascinated in in no uncertain terms stating that i could not be in a room with her and that i could see her for what she was. He became very red faced, quiet and played the whole thing down. He disappeared and was seen in the meeting room in deep conversation with the woman alone. After about 15 minutes a member of staff came into my office and stated that the woman `would like to see you in the meeting room`. I completed what i was doing, dealt with other members of my team, as the request was repeated twice more, then proceeded into the meeting room where the the two of them were huddled together. They parted from their intimate positions and she stated `i believe you have a problem?` `Do you have something to tell me regarding your trainee?` was my response. `I speak to people in order to the respect i have for them` was her condescending reply. This was infuriating to me and i responded `i can assure you that whatever respect you do not have for me i have significantly less for you....and do not speak to me in that tone !` With this i stood up and stated that i was not listening to anything else, returned to my office, gathered my things and left the site. I returned home to diffuse a situation and remove myself from a potential flash of emotions, from either party. The following day (Saturday) i received a letter from the senior manager stating that he believed i had told a member of staff that i had resigned and that he wished for me to confirm this to him. This was not the case. I telephoned him at 7 pm of that evening to talk about the problem. He was slurring his words and appeared to be drunk (no big crime on a Saturday night) but was clearly not impartial. He stated hat he did not know what to do and would pass this over to HR. I stated that he should do so as he was not impartial and that he should step away from things. I arrived for work on the Monday looking to address the matter at some point. My line manager arrived, immediately followed by the senior manager. They came into my office and sat down. The senior manager stated that the matter between me and the woman needed to be sorted and that i should return home until it was resolved. I was shocked and asked if this was a suspension to which he replied `yes`. I left site without question. After about a week off work, i was called in to an investigation hearing at our head office lead by an office manager whom i had no dealings with prior, and the office manager from the regional office i worked out of, whom i knew quite well. He was a known acquaintance of the senior manager who was fully aware of the now `affair` who`s house the senior manager later went to live at whilst separated from his wife as mentioned earlier. How very impartial!. After about an hour, with various statements being read to me and my responses being noted, the first and impartial manager looked directly at me, took off his glasses and stated `i don't know what we are doing here.....i don't know what you are doing here...?. I stated in response looking directly at the second manager `you do don't you....you are fully aware of the missing piece of the jigsaw that makes sense of all of this are`nt you?` He colored up, looked down at the table and did not respond. The investigation hearing concluded and i returned home. I was confident that there was no case to answer and that the whole thing would fizzle out. I was very conscious that results were poor, the industry as a whole was in recession and redundancy was in the air. I did not feel a `gloves off` battle was in the regions best interest and that as the relationship between the senior manager and the woman was common knowledge to all, this would amount to nothing. However, i received a letter stating that the matter was proceeding to a disciplinary under the `dignity at work policy` that the company had as i had verbally abused the woman in the meeting room and used threatening gestures (which later transpired to be a flat palm raised in a `stop` motion six feet away from her. I never shouted , swore or raised my voice to her. There was nothing to suggest otherwise in any statement from any party. It is probably worth mentioning that the last two Christmas parties had ended in fights between members of staff. The first instance two women had to be separated, one of which was the newly promoted HR administrator with a managers PA, the second was two site based managers, one of which was hospitalized. Both of these situations were investigated, no suspensions took place and no disciplinaries took place. With this in mind, i felt i was being harshly treated. After now being suspended a month , i was invited to a disciplinary hearing at head office with the standard correspondence stating that the outcome could be summery dismissal. On entering the building i came in contact with the regional Director who greeted me with a warm handshake and a smile. `Not seen you in a while` he stated with a beaming grin on his face. I rolled my eyes and asked `what is going on here, i have done nothing wrong`, to which he replied `go in there, keep calm and i will see you next week. You are the best at what you do and you are going nowhere!`. He shook my hand again saying `we have never had this conversation ` and walked away. Again, another person that was aware of why this had happened to me? I sat in the disciplinary which was held by the first office manager (the impartial one) and another member of the senior team. In light of the conversation i had just had, it was farcical how serious they tried to make the matter. To their credit they asked me to tell them, taking all he time i needed, why i thought this had happened and the `missing piece` comment made in the investigation hearing. I told them my complete version of events, the affair and that i had got between `a dog and its bone` by speaking out. I was thanked for shearing this and asked to leave the room whilst they conferred. I returned 10 minutes later and was asked if i would accept a written warning and return to work the following week, with he condition that i apologize to the woman. I had been suspended for a month, the housing market was depressed so i grudgingly agreed to put the matter to bed, a decision that i regret to this day as my account of events had never been took into consideration. I returned to work, offered my shallowest of apologies to the woman and then sat down to talk with my line manager, as the senior manager was mysteriously absent.I was informed that i was being removed off the flagship site and replaced by a manager on the same grade as me. No explanation was given as to why. Within 1 week on my new site i was in contact with the woman regarding a trainee on the site. The fact i had been taken off the flagship site did not mean that we would not come into contact with each other. I had to interact with her and many others as part of my role, so why remove me, what was the reason? I was now on a much smaller project that did not challenge me, nor did it require a manager at my grade and salary. I felt pushed out of the way and any attempt to speak with my line manager about the whole incident was ignored or brushed aside as he was not about to question the senior managers decisions and actions. There was clear wrong doing but he was comfortable with this as long as it did not affect him personally. The flagship site i had left took an immediate nose dive. It lacked drive, direction and had become an embarrassment to the region. The client had lost all confidence in our company and had expressed their disappointment at director level. Every single member of site staff had been transferred to the sinking ship, frantically trying to `put out fires` in response to the clients comments and disappointments. I was regularly contacted by members of this team and told about the chaos that the site has fallen into disarray, and how lucky i was not to be there. The manager that replaced me in the first instance was known for his untidy and quite chaotic approach. He had since complained of feeling unwell at work culminating in an ambulance being called to remove him from the sinking ship and to hospital, where he was treated for stress related complications. He remained off for several months with yet another manager of the same grade taking the helm, but with no improvements. The site i was on had come to a satisfying end, with myself and other members of staff wondering if i would be sent back to the flagship site to try to turn things around. How embarrassing if the unfair treatment of myself had lead to the collapse of a prestigious site to the tune of several hundred thousands of pounds, not to mention the irreparable relationship between our company and our client. Instead i was left in limbo with no site to run and seemingly not allowed back onto the site that i was removed from that needed help the most. I visited maintenance issues that did not need my attention over the next 2 months, with days that i never left home as i had nowhere to go and was never asked of my whereabouts nor told to report to any site. Seemingly put out to graze. I eventually took myself to another struggling site and struggling site manager and lent my assistance and support. When asked why i was there by my line manager i responded `where else do you want me to go?`It is worth mentioning that the manager on this site had gone through crushing bullying and victimization over the past 18 months by the senior manager and our line manager, in an attempt to `hound` him out of the business. He was signed off with `work related stress`, a broken man, but did eventually return to work. Another instance that was never referred to or addressed by the company, albeit common knowledge that he was being treated unfairly. That particular site yielded losses in excess of 1 million pounds. By March 2012 the relationship between the senior manager and the woman had fell on rocky grounds. His behavior was erratic and he was quite an embarrassment to the region, exploding in temper to those around him or bursting into tears in management meetings. The woman had begun a relationship with another member of staff, more on her career level and not surprisingly 10 years younger than her! The senior manager, by his own admission, was now on anti depressants, had returned to his wife and the two of them were going to marriage guidance counselling. She is to this day unaware of the affair. An announcement was made in late March 2012 that the senior manager was being sent on secondment to another region with immediate effect. He was going for 3 months, though this may be extended, but the door was always open for his return. As there are very few kept secrets in the region, it became evident that he was removed without return and had fought against dismissal. There were rumors of a letter sent to the company MD detailing his antics over the past 2 year prompting this action against him. I was told this in confidence by a member of staff that he kept in contact with, stating that he thought that i had sent the letter in response to the actions he manipulated against me during my disciplinary as i `never got over it`. Earlier this year, another member of staff was going through a disciplinary for his alleged actions towards a female member of staff which was being conducted by the `friendly` office manager towards the senior manager. During the proceedings the member of staff complained that the office manager was aware of far worse offences within the business committed by the senior manager, and that he had kept quiet condoning the behavior. He requested that he was removed from the disciplinary as his opinion was not impartial. The member of staff then went on to detail the past antics of the senior manager and stated that he was being treated unfairly in comparison, as the business had been aware and tolerated far worse behavior than he was being accused of, and by a far more senior member of staff. The office manager was removed from the hearing, the complaint about the senior manager somehow got to him in his new region and he resigned with immediate effect! Late 2012 i was visited by our director mentioned previously and asked to run a huge, high profile project for our region. He stated `the project you left fell apart and i`m not letting that happen again. I do not want any of the other site based managers running it`. This was an embarrassment to the line manager and the rest of the senior managers `in crowd` as against all odds, i remained in the region and he had been removed. They had backed the wrong horse! The Director was replaced along with another senior manager, two decent and professional people. My warning has been removed from my record as it has expired. The woman is so attentive and sickly nice to me that she would probably sew me a button on my shirt if i asked her to! I was even invited to her wedding! What i cannot get past is that despite my committed service to the business, i was allowed to be victimized, suspended and disciplined whilst the company knew that there was an ulterior motive as to why this was being done and the fact remains that they allowed it to happen. Since July i have raised the matter with my new senior manager, who from the first word stated that he was aware of the problems i had been through. I have repeatedly requested that he sits down with me to discuss some sort of closure to the issue. I informed him that i am being treated for an ulcer that my doctor has stated to be stress related, that it affects my home and family life constantly going over the whole matter. I have stated that i have seen enough damage done to the region by peoples inappropriate actions and have no intentions in adding to this, and that i cannot turn to my line manager nor HR for support as they were both fully aware of the unfair way i was treated and fully condoned it. I have stated that i have been close to submitting a grievance to the new regional director to force someone to talk to me about it, but would much prefer an unofficial approach. For the last 3 months the senior manager has stated that this is to be addressed as it may lead to me deciding to exit the business adding that this was not what he wanted. I have repeatedly asked for a face to face discussion to assess how to bring closure to the problem, but he has requested that i put the whole thing in writing so he knows what we will be discussing? I am mindful of where that email will end up and don't see the point of it. He has already stated that he was aware of the past issue and we have briefly spoken of it too. I have good days and bad ones. No part of my job causes me to loose any sleep or undue stress. Many people within the business who`s actions and inaction's contributed to my troubles have now gone, but i cannot get past the thought of another `ambush`, steered disciplinary and who knows what happening to me again without good reason. I do seem to be treated with kid gloves most of the time. An extra days holiday - no problem, a strong say in the operational side of things perhaps above my station - always. I have no idea if the company would like me out or if i am a valued member of staff Do i push to have closure to a 2 year old problem by means of a grievance? I am a union member who state they will accompany me though i do not take this option lightly as a member of management bringing in the union against the company will not sit well as you can imagine. Do i try to bring closure to this alone. To date i have not been able to.

Hi All I do intend to "seek proper legal advice" but while awaiting appointment, would be interested to hear any experiences/feed back on the following situation. Company wants to push through Variation of Contract (less favourable terms for employees, ie less cash bonus which is contractually part of total renumeration, not a stand-alone bonus, so essentially a wage cut). Not because the company is losing money as it has always been in profit, gaining market share, expecting record orders and made recent aquisitions. Just doesn't want to pay out more to staff considering a lot more cash is coming the companys way and they want to retain it "says nothing about corporate greed* lol. So, been through the box-ticking excercise of consultation period bla bla, majority signed up with great resentment because they did not trust the company to keep their (written/published) word to immediately re-engage at the end of the individual notice period. For the few that stood their ground on principle, individual letters confirmed that re-engagement under the new terms would be immediate upon reaching end of notice period/dismissal if they hadn't singed up voluntarily before then. This was never a genuine redundancy situation, this is in writing and also that the intention was not for a single job to be lost as it was hoped everyone would sign to the new (less favourable) terms. The whole way through the process, as a group and individually, the company stated in writing, in minutes, on Intranet, in letters etc it was their intention to re-engage on new terms at the end of the notice period. The individuals have been issued letters in a meeting, given their notice period, telling them to leave now, not to work the notice but they will be paid for it. No mention of the re-engagement. So, the majority were right not to trust the company to keep their word! They have 7 days to sign to be considered for re-engagement, rather than their full notice period, some as much as 8 weeks. Legally, can the company renege on their "intention to offer dismisall with immediate re-engagement"?

Can anyone please advise on a template for a letter asking for reasons for my dismissal, before I go towards a tribunal for unfair/wrongful dismissal I want to ensure it is correct. Thanks

I worked for a large DIY chain and have just been dismissed for sending out a customer delivery with out paperwork.I was instructed to do this by a manager who then denied giving me permission.CCTV evidence was used but only shown to myself to prove there case during the step 2 but when I asked for them to view my approach to the manager on the day of the incident they refused to view it this would have shown I got permission.Even worse my son was working on a temporary contract along with 2 others and done o/t etc for them whenever they needed never had a day off in 5 months and received a letter from them 2 weeks prior to my dismissal saying how well he was doing.On Fri he was told he would not be offered a contract and his contract ended.All this I fear was done to myself because of personal reasons and the GSM dislike of myself.I have worked for 7 yrs for them in this time I saved a member of staffs life and have never ever had any discipline issues or absence.I have appealed and sent in an 8 page appeal. How long should I have to wait for appeal ? Many thanks

Hey , I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed that wrongful dismissal is more inline with my claim. So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for? What can i do Carl

hi, my girlfriend was sacked today only after she got a contract of employment yesterday! (she has worked there for 9 months), the reason the company stated is that "shes not right for the company" which is rubbish because she excelled in her job and was told many times by her directors, however it appears that a manger took a disliking to her because she reported that a fellow worker was under the influence of alcohol in a company that operates fork-lift trucks, heavy press and cutting machinery and 40ft trucks in and out all day, when after a few days she reported it to this manager she ask if anything had been done about it or she would go to a director to report the problem, the manager did not like what she said and made up a story saying that she's not right for the company,,,,,, ive got more info on the subject but was wondering that if she was unfairly dismissed? any info please

I am analysing my employment contract and there is a section in it that raises an eyebrow. The contract is for a simple employee on a modest salary (i.e. not a director). The employer is a small business. Specifically, is point 13.1(b) legal? Below is section 13.1 13 TERMINATION 13.1 This Agreement and the Employee's employment with the Company hereunder may be terminated immediately by the Company without prior notice if the Employee at any time: (a) has a bankruptcy order made against her or if she makes any arrangement or composition with his creditors or has an interim order made against him pursuant to Section 252 of the Insolvency Act 1986; or (b) becomes of unsound mind or is or becomes a patient for the purpose of any stature relating to mental health; or © is or becomes prohibited by law from being a director. Is it just me, or does the above sound a bit unfair for a simple employee? Please let me know your views xx

my employer over the past 4 years has carried out two enhanced CRB checks on me and all has been fine. My employer has never had a complaint about me and I have been an outstanding employee. Recently after a meeting with an external agency they have been made aware I had two allegations of assult on my CRB and these go back 4 plus years. Both cases were dropped and not proven. They were false allegations against me. My employer was never concerned before and had the information but now that some external agency i.e police or social services have raised it with them they are pursuing it and I am facing a dismissal hearing. I stated to my employer why was this not mentioned when they intially did the CRB 4 years ago. The answer was now the external agency has made us aware we must act. Can someone advise me if they dismiss me do I have a case of unfair dismissal or how should I argue my case when I am at the hearing? any help is appreciated.

I have been full time employed for the past 20 months as an office worker. The first 12 months of my employment went relatively well as I was an absolute beginner and had never worked in a similar role before. It was not until I started to gain confidence and ability to do my job unaided the problems started. My line manager would pick up on every little thing I had not completed to their satisfaction. Then gradually things got worse as my confidence grew and I started taking on new tasks. My manager would obstruct me at every possible opportunity and never ever gave feedback when I had done something well. These relatively minor things built up until it started to have an effect on my health. I have suffered from a mental health condition since the age of 16 and had notified my line manager of this during my probationary period. I was having to take time off on work leave, visits to my gp were more frequent and eventually my medication was increased. All attempts at excelling within my role were obstructed by my line manager at every possible opportunity. They became a bit of a jekyll & hyde character, acting all sweetness and nice to your face most of the time, but present any kind of alternative argument on something, or probe them and something and the switch was instant. My manger became loud, aggressive and intimidating in an instant and usually for very minor things. This is all having more and more of an impact on my mental health and I am having to take more and more time off on sick leave. Eventually my Dr prescribed some anti anxiety medication after one particularly vicious verbal attack from the manager of my line manager, which result in me having a full blown panic attack. During this period my father passed away and following his death my family became particularly nasty towards me. Obviously this too had a big impact on me, but I made my manager aware of the situation and what was going on. The Jekyll & Hyde split personality in my manager is becoming more apparent as despite everything that is going on I continue to excel within my role and am now having a significantly positive impact in my role. Any and all attempts at making decisions for myself, acting on my own initiative, taking on of tasks outside my responsibility are now being met with an extreme and adverse reaction from my manager. Their true character is coming through now and the office has become a very uncomfortable place to be. I tried talking to my manager about their behaviour and this had exactly the opposite effect as to the one I had hoped for. The bullying, abuse, insults and jumping on any opportunity to put me down at any opportunity is now common practice. Things got so bad that not knowing what else to do I submitted a formal grievance, the outcome of which was no case to answer, your manager has done nothing wrong. I then submitted an appeal against the grievance outcome which was allegedly investigated and subsequently rejected. During the grievance procedure my employer requested I go for an independent medical assessment which I agreed to. The report diagnosed me as suffering from severe anxiety and stress caused by the situation at work. Of course my employers did not like that and are now trying to have the report amended. As a direct result of my employers refusal to even admit there is a problem, let alone do something about it I feel they have effectively given my manager catblanche to treat me and anyone else in their team as they see fit. The effect on my mental health has been significant and I have decided in the interests of self preservation there is no way I can return to work and have given my notice of resignation with immediate effect, which of course they have gratefully accepted. I want to claim constructive dismissal and would appreciate any help/guidance anyone can offer, particularly with completing the EA claim form ET1. Many thanks DJ

Hi there, I am posting regarding my nephew (MN) who has been employed as at a Stone Masons for twelve years. In March this year he was off work for several weeks as he had to have an operation for a double hernia, caused incidentally by the heavy lifting at work. Upon return to work he was told by the Boss that there was very little work and he would have to "let him go" he then offered £1000 cash if he would accept and leave. MN refused the offer and although in a state of shock intimated that he would not leave voluntarally and if sacked would seek to take action, he then left for home. Most of MNs work entailed placing graves and erecting headstones on them. There was a mix up with one of the last jobs he undertook (erecting a headstone at a remote churchyard) prior to his surgery and his boss has now laid the fault at MNs door and has sacked him, in writing, for Gross Misconduct. In the letter he states Gross Misconduct and then wishes him well in the future:evil: No verbal or written warnings were ever give during the whole twelve years he has worked there. MN strongly disputes that the mix up which has been cited as the reason for the dismissall was his fault and is awaiting phone records to prove he rang in to the mason yard at the approx time. He rang in to clarify what to do and was told to proceed and all was OK. The work is obviously very strenous and to erect headstones is deemed to be a two man job, MN was very often fored to work alone as he was in this case even though his boss was fully aware he was awaiting imminent surgery and he most certainly should not of been sent out alone. The boss subsequently dropped off £1000 cash at MNs house and he has given it to my wife for safekeeping he has not formally agreed to accept it, in fact I dont think he was at home when it was dropped off, I will clarify this with him, it is available at any time to repay. There is another and very unpleasent aspect of this case. MNs late father was of mixed race and MN suffered much verbal racial "jokes" from the boss, who knew his father, he was told "its just a bit of fun". One typical comment was on a very hot day he said to him "put plenty of sun cream on, we dont want you looking like your dad" he did not make any formal complaint as the boss is very intimidating and he has little doubt he would of been out of work. Finding any wittneses would be difficult. The comments ceased upon the death of MNs father. It seems to me a very disturbing case and I am asking for any advice/opinions on where to go from here. MN has gone to the CAB and has been given some info regarding leagal aid solicitors. He is subsequently experiencing difficuly getting through to CAB as thankfully he has found another job and can only ring at certain times hence him requesting help from me. His new job is through an agency and could end at any time. My questions are. If I went with MN to see a legal aid solicitor would it be advisable for us to prepare a detailed statement outlining the events? Would the racial abuse be deemed relevant even though the boss would obviously deny it and there is virtually no chance of providing witness statements? Would it be advisable for me to go to the mason yard and repay the £1000? I would be very grateful for any comments and opinions. Many thanks. -- tibar

hello, i am looking for some advice on my husbands behalf, he was dismissed from work today due to pulling his phone from his pocket to check it as it was vibrating. as there are no cameras, radios or any other means of contact in his job (bus driver) the company have always contacted him on his mobile phone should they need to. on this occasion he was not using his phone, ie, texting or making calls he simply checked it as he was approaching a bus stop as it was vibrating and he thought it may have been work. turns out, it was just his low battery warning but he was taken off his bus by an inspector at which point my husband shown him and his company manager that no calls or txts had been made or received. he was given a disciplinary hearing today, and dismissed on the spot. he is now seeking to make an appeal on the decision made today, but acas have said he has a good case for unfair dismissal given that he has been there for six years, and mobile phone has always been there way of contacting drivers. may i add that the company has been bought out by another company in the past five months. does anybody have any advice on the next steps and particually on what to put in his appeal letter?? thanks.....

Hi I have been dismissed from employer recently on ground misconduct for harassment. That I think it's not fair this was my first time in this situation. One day i came on work place and see manager and my colleagues asked me why you come here I told them to see manager and one of them she asked me and I said to her to see you and after that she finished and met her on bus station and asked her to join her on bus as fun and didn't join her then I called her she replied me call you later. Then in the same evening we have chating but suddenly she asked me to stop texting and asked her what reason and keep texting her. I was shocked to hear but I want to speak to her but she asked me don't ring me I asked her to speak in morning she said ok. I text her in morning she didn't reply and call her and she didn't reply then by mistake I wrote this " I know you don't want to speak me bcaz of my race I used color " and she replied me that you basically calling me racist but i cleared her that i didt mean and ahe said ok but she went to manager and on these basis manager start investigation and put me dscipilinary hearing and after clearing all these things the "Jury" dismissed me. Please guide me what can I do is there any chance to do appeal against their decision internally to HR and also please give me some points that how to write appeal. This was my first time before this I had no dscipilinary. Thanks I ll be thankful to you all please do it as soon as possible I have very short time of one day.

Hello all. I'm new here and looking for some advice please. I am going to have a few questions I expect but to start off, here are a couple. I am just filling out my ET1. I have been dismissed for medical inefficiency and am claiming sex discrimination as my main reason for unfair dismissal. I intend to post a full description of my case at some point over lunch but I just wanted to see if I could get a couple of quick answers please. At the stage of filling out the ET1, how much detail do I need to go into with regards to my ex employer not following policy? The thing is, there are loads of examples of them treating me differently to the mandatory policy and therefore I don't know at this stage whether I should be detailing each one or just stating that they haven't followed it. Also, as my three month less a day date is next week I am looking to submit my form this afternoon if possible to avoid the fee. I have yet to hear the result of my appeal which was held three weeks ago, but I am almost 100% sure that they are going to uphold the original decision to dismiss me. How easy is it to retract an ET1? I think that my ex employer is delaying letting me know the outcome in an attempt to make me miss the deadline and so I am worried about it creeping closer. I can see no other reason for it to take them this long to tell me the outcome and they have fobbed me off every time I have phoned them. Thank you for taking the time to look through this, I would be so grateful for any replies.

Hi hope someone can help as I have a big problem going on with my employer (possibly former employer very soon). I was dismissed from my workplace of almost 3 years yesterday at a disciplinary hearing. To give you an idea of the entire story I will list the events as they happened. Employed for 3 years and have never missed a single shift. There are few people more flexible in accepting short term changes to rotas and I was promoted to a more challenging role last year after being asked to apply based on my performance over the previous two years. It all started when I was caught red handed with my mobile phone in the workplace which is a complete no no and received a verbal warning. I was completely in the wrong and fully accepted my punishment. One problem which arose was the fact that the warning was issued by a supervisor while the manager was on holiday and the punishment should have been in the managers eyes a written warning but nothing she could do as the process was complete by the time he returned. About 2 months later I was reported by the H&S official for driving a forklift with an out of date safety check ticket. I was sent home and returned for a hearing the next morning. They were determined to throw the book at me however I managed to clearly prove I had done the checks on the day and simply dated the signature incorrectly. I dated it wrongly for the previous day, a day which I was not on shift. I was told no further action would be taken and there was no case to answer. It was a simple administrative error on my part. Around 1 month ago I was called to the managers office and asked for my version of events regarding stepping off a moving forklift (stand on type). The forklift is fitted with a dead man brake and would continue no more than 1 foot forward given the speed it was allegedly travelling at. This was allegedly witnessed by the same H&S official who claimed when he confronted me I replied with a tirade of abuse and basicly told him to F Off. I was not in the stated area on a forlift at any time within hours of the alleged incident and there were no witnesses to either the incident or the alleged communication between myself and the H&S official. My defence was simple and straightforward. It was not me, I was not there and I know nothing of the whole thing. I was instantly suspended pending the investigation and when it came to the hearing I was told there were 8 individuals who saw me on a truck at some point. The vast majority of these did not want to sign any statement. I was given a final written warning despite my protest. I had the right of appeal but I was strongly warned against it by the union official and other trusted colleagues as the punishment could increase and see me dismissed. I reluctantly took their advise and vowed to keep my nose clean and get the head down. One point I complained about throughout the hearing was bringing up the forklift ticket incident where I had already proved and had it accepted being presented at the hearing. I told them this should not be part of the hearing but it made no difference. Last week I was sat on a forklift waiting to use an item of machinery. I was travelling at less than 2 mph when I made a two handed gesture to my colleague encouraging him to hurry up as I was under pressure to maintain supply to a machine. This two handed gesture was witnessed by a shift supervisor who pulled me up at the time for driving all be it at this crawl of a speed with no danger of striking anything without at least one hand on the steering wheel. He assured me it was just a verbal warning between him and me and would go no further. I was pulled in later that day and suspended on the back of the incident. My hearing was yesterday and once again the forklift ticket incident was brought into the proceedings and again I stated it should not have been. I was told again that I was in breach of H&S and the outcome was dismissal. I still have an appeal process to go though but I feel as if I am very much being victimised here. If the appeal fails can anyone see any grounds for taking this through a tribunal. The alleged incident with the H&S which resulted in the final written warning had no witnesses and was a simple case of my word against theirs. Any help would be great as it feels like my world is falling apart.

Hi. Brand new to the forum and just hoping to run my situation past everyone for feedback. I was put under suspension for Gross Misconduct for policy infringement (nothing that involved anyone else and nothing like theft). This initial suspension caused a serious breakdown this however led to a Psychiatric diagnosis of amongst other things OCD which according to my mental health professionals and my GP completely explains my erratic behaviour. I was on sick leave for a couple of months but my companies HR department were kept fully aware of the diagnosis and any changes in treatment. My therapist etc assured me I have done remarkably well and I made the decision myself to come off sick leave and face a disciplinary hearing. When I went through the hearing the interviewers had no information at all about my medical condition, which I tried to explain now appeared integral to my behaviour, They consulted with HR and told me they would adjourn the meeting for further investigation with my GP and Psychiatrist. I had a letter requesting permission to access medical records for which I gave my full consent ( I had already filled in another of these forms weeks earlier but though better than pointing this out). I also had complete faith in my medical team. There was a short telephone interview with a Occupation Health firm hired by the company which entirely focused on my ability to return to work. When the meeting was reconvened I was basically told that they had looked at the research but that I was dismissed, no questions or interview just go. I then found out that not one of my medical professionals had been approached for information. To make matters worse a letter arrived at my GP 2 days after the hearing requesting medical information (it was dated 2 days before the meeting). I've had legal advice that I should appeal and am awaiting a reply but I'm just looking for feedback about the rights and wrongs of the situation.