suspension

[Emmzzi]

can only refuse ref cant give bad one

 

 

Urban legend. Yes they can.

[tomaka0]

ok no other work im sacked goes to tribunal who would win

[mariefab]

I suppose that 'sit tight then explode' is also an option for now, after all you are still being paid while suspended.

 

But the risk involved in that option is that once your 'backed into a corner' employer decides which option they prefer, and starts the process to achieve it, they may not then be prepared to consider any alternatives.

[tomaka0]

i see it as 2nd and 3rd parties want shot my employer will cave in we go to tribunal any which way they not not gonna give away cash to walk away

[tomaka0]

could be sacked then whistle blow out of spite

[mariefab]

Giving you cash to walk away could turn out to be the cheapest and easiest option for them.

What makes you think that they won't consider it?

 

In my opinion,

If they dismiss for for SOSR odds are that your employer will win at tribunal.

If they go the dismissal for negligence route it's impossible to tell who would win.

[tomaka0]

what other sosr is there

[tomaka0]

i have no misdemeanors against me no insubordination no thing i can see what ive done wrong

[becky2585]

could be sacked then whistle blow out of spite

 

Why? It would be done in bad faith, so no legal claim.

[tomaka0]

other drivers have damaged this customers building and they were'nt sacked

[tomaka0]

i had allready enquired to hse

[tomaka0]

they seemed very keen on the situation

[mariefab]

There's just the one SOSR. Your employers only client won't allow you to work on their contract and your employer doesn't have any other work to offer you.

 

I agree that you haven't done anything wrong, but if they go down the negligence route the client and their customer may help your employer by providing evidence of their belief that you were negligent (witness statements etc.) in order to justify their decision not to allow you to work on their contract.

[mariefab]

Did you contact the HSE before the incident?

[tomaka0]

so in the end im being screwed

[tomaka0]

nope after as soon as i had been suspended there is more to ju7st hitting racking yard filled with rubbish skips in unmarked areas which impeded safe manouvering

[mariefab]

Yes you are being screwed. I thought that you realised that some time ago.

 

The only thing you can do now is perhaps have some say in how it ends.

[tomaka0]

of course i did im not stupid however i should get the last laff @ all their expense

[mariefab]

As you didn't contact the HSE until you were suspended after the incident, it could be seen as retaliation. i.e. bad faith as Becky said.

[mariefab]

How do you think you can achieve the last laugh at their expense?

[tomaka0]

there are ways

[tomaka0]

the best is knowing i was right they were wrong the 3rd party wont renew 2nd party will go down the tubes

[tomaka0]

end of posts

[mariefab]

Yes there are, legal 'ways'.

[Emmzzi]

thus knackering many other people's jobs too?

 

That's just nasty. I don't want to explain employent law to you any more, so I am going to stop now. I hope you can grow up a bit before you lose any benefit you may have got out of this situation.