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Under 2 years dismissed without warning

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  • #16
    Re: Under 2 years dismissed without warning

    Prior to this she was offered the supervisors job but refused it. She was also asked if he could fake fire her because he wanted to dismiss someone and it would make him feel better. She refused to do this and gave the girl a warning.

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    • #17
      Re: Under 2 years dismissed without warning

      Sorry if I am repeating myself but if it is written in her contract that they follow Acas greivence and disciplinary policy and they have just dismissed her isn't that itself a breach of her contract even though she is under the 2 year for unfair dismissal.

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      • #18
        Re: Under 2 years dismissed without warning

        Sadly not. I have been with my employer for 15 months and am recovering from accident (non fault RTA) and I had a meeting with HR boss and she told me i would not be dismissed on capability grounds, they are keeping the position open for me whilst I recover. I have to attend various appointments between now and Xmas so seems pointless going back on a phased return on 50% hours as it takes me 2 hours a day for commuting, hardly seems worth it, up to the GP so, have to dash! Appointment is at 5 ish this evening..

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        • #19
          Re: Under 2 years dismissed without warning

          Thank you for your reply. As the director who dismissed her is hardly there it is more likely that someone has gone to him she is still in shock because he just refuses to see her right now she would just like an explanation Surely an employee you as devoted 23 months should have this right he never gave her a chance to defend herself.When he dismissed her she explained to him that if she wasn't her usual happy self it was because she was in pain and explained about her sister's condition. He has done this before to other employees and seems to me that he uses this law to his advantage.

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          • #20
            Re: Under 2 years dismissed without warning

            The other employees are also shocked they cannot believe he as done this. Only one person that is the supervised.

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            • #21
              Re: Under 2 years dismissed without warning

              Would she go back if this decision was reversed seems a strange lot all around maybe there is something more to this from one or other side?

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              • #22
                Re: Under 2 years dismissed without warning

                Yes she would go back she has already said to him in emails that if it is something that she isn't aware of she could work to resolve it. Before this an employee wasnt pulling her weight and she brought it to the directors attention on behalf of the other employees. He wanted to dismiss this employer and asked my daughter if he could fake fire her to so that this employer wouldn't feel so bad. Of course my daughter said no you can't do that he gave this employee a warning and she is still there. Then after this the supervised moved my daughter to the other side of the room on her own facing the wall.

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                • #23
                  Re: Under 2 years dismissed without warning

                  How close was she to 24 months ? Would her statutory notice period of a week take her over ? What date exactly did she first work there, and what date exactly was she dismissed, and what date exactly did her notice period run to? ( effective date of termination )

                  You said 11 months initially, but now 23 months - was she part time / temp / probabation etc before and just been permanent for 11 months?
                  Originally posted by firing date?
                  Friday 27th October
                  My daughter had 11 months employment as permanent staff.
                  Surely an employee you as devoted 23 months
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

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                  • #24
                    Re: Under 2 years dismissed without warning

                    Starting date 1st December 2015 as permanent staff but was with agency prior to this.

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                    • #25
                      Re: Under 2 years dismissed without warning

                      Firing date Friday 27th October 2017. She has been trying to arrange a meeting since this date and asking the superviserto be present.

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                      • #26
                        Re: Under 2 years dismissed without warning

                        How long was she working there under an agency before hand ? was there a break or did she just move from being agency to permanent without a break?
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

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                        • #27
                          Re: Under 2 years dismissed without warning

                          Oh sorry for delay in answering your message. I think that she was working about 6 months with the agency and there may have been a break before they employed her permanently. But on here contract it say no previous employment counts as part of the employees continuous employment.

                          Comment


                          • #28
                            Re: Under 2 years dismissed without warning

                            Thank you all for your responses. My daughter is still trying to find out how her employer came to the deciision to dismiss her. He will not see her untill middle of January and again in a cafe with someone who she doesn't know acting as his HR. He will not allow her to have the superviser attend any meeting. He will not give any statement on how he reached his decision. So i am finding this really hard to believe that employees are not given any rights not to even understand what they have done and who has accused them. She is thinking of going to tribunal for breach of contract fot not following the correct procedure in informing her that their was a problem as she feels that she has been discriminated against. They have followed the code of practice with other employees and feels that it is a clash between her and the supervised. Does she have the right to do this and if so does she have to go through Acas.

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                            • #29
                              Re: Under 2 years dismissed without warning

                              0300 123 1100



                              The Acas Helpline number is 0300 123 1100. Customers with a hearing or speech impairment may prefer to contact us using the Text Relay service. You can contact the Acas Helpline using Text Relay by dialling 18001 0300 123 1100.

                              How to make a call to the Acas Helpline | Acas

                              www.acas.org.uk/?articleid=3282



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