Why would they bother to sack you jammy ■■ maybbe i am missing the point but if you have handed in your notice, the only possible reason i could see for them wanting to terminate your employment would be on instant dismissal terms (out the door now), I guess if theft or assault was the reason.
I didnt go in to work tonight due to a flat tyre on the car and no spare yes im stupid i know but im not the on;ly one with a duff spare.
So i phoned the boss and he went ■■■■■■■ and didnt believe me saying "call yourself a professional driver"etc etc i said ok my fault and not a lot i can do he said get a taxi i said £30 each way as long as you pay i will.
Then he said my office on Monday 4 pm i said sure thing and he hung up, i will be taking the tyre t kwik fit in the morning to either get a repair or a relacement so will have proof for him on monday.
But his attitude stinks and i cant be bothered with his across the desk attitude on monday but like Scab say it might be ■■■■■■■ assault yet you never know, I have never had ANY disciplinary so m probably worrying about nothing, ijust wondered if he hasthe right to sack me after i have given notice.
I am NOT going in with a buttoned lip which is what worries me.
It’d be rather foolish to sack you as by handing in your notice you’ve taken the legal presures of the company. It’s not aas easy as it sounds to sack someone without leaving yourself open to all sorts of trouble.
I think in this case he;d have to give you a warning, written or verbal before going to dismissal.
The only real difference between being sacked and resigning is whether or not you’ll get a refference.
Even if you resign he doesnt ‘have’ to give you a ref.
Got my reference a few weeks ago for a bogus job interview i didnt have , and what a shining one t is too :.
Its probably going to be ok i just wondered about the legal side of it bt the worst that can happen is i am at home over xmas with wife and kids but not getting padi but hats what overdrafts are for :).,
As far as I’m aware, if you work for an employee with more than 12 employees they must have a written grievance procedure and follow it.
i.e. verbal warning, then written, then dismissal.
Assuming that you get in first with giving notice, for them to sack is pointless unless they want rid of you quicker than the length of your notice period. If this is the case, then as scab-in-a-cab said, the only ‘offence’ worth sacking someone for is one that constitutes gross misconduct where you’d want rid straight away.
If your firm is smaler than 12 employees then they still have to behave reasonably. Practically this means verbal and written warnings first etc, but it doesn’t have to be written down anywhere as part of your contract.
In either case, if your employer were to sack you after you’ve resigned they would still need to justify why and dismissal through failure to show for work on one occaision (especially as you called) would not be 'reasonable behaviour) IMO.
It also depends on how long you have been there, if it’s less then a year then you don’t have a leg to stand on, if it’s longer then you have more rights. He could also possibly go down the lines of gross misconduct in which case would be instant dismissal, Gross misconduct is very difficult to define, normally said if company is brought into disrepute, could be argued that by not turning up for your shift you did this!!! Depends how picky he wants to get!!
Jammy, resignation ? I assume it was verbal over the phone ?
His word against yours.
As I understand, new legislation came in last February(?)
All this nonesense of verbal warnings and written ones went out of the window.
There HAS to be a "legally correct " disciplinary proceedure in place nowadays.
ie whereby you have to be FORMALLY informed that ANY discussions you are involved in, and the gaffer is not happy with your response or explaination, then he/she MUST INFORM you that , that proceedure is about to commence.
Look it up. ACAS.
Instant dismissal cannot happen (UNLESS of theft or assault) unless you are made aware that you are involved in a disciplinary discussion.
If they do, then you “have them” so to speak.
Several levels of meetings and disscussions HAVE to take place before dissmissal.
And at all levels you may be accompanied and/or represented with either a colleague, friend or union rep.
Your employer also MUST record all discussions, grievences,reasons etc in writing to you. It is a fairly protracted system.
Should any stage of the proceedure be overlooked/ommitted then they are in big trouble.
It’s big-bucks now, so if you wish to keep your job, or be dissmissed … tread carefully.
smcaul:
It also depends on how long you have been there, if it’s less then a year then you don’t have a leg to stand on, if it’s longer then you have more rights.
All change on that one an employee that has been there 1 day has the same right’s as an employee of 1 year .
A sacking for a flat tyre
I wouldn’t worry … No-one can sack you for a flat tyre and at £60 rtn fare for a taxi other mean’s of transport would be deemed as unreasonable .
Tagoat:
Jammy, resignation ? I assume it was verbal over the phone ?
His word against yours.
As I understand, new legislation came in last February(?)
All this nonesense of verbal warnings and written ones went out of the window.
There HAS to be a "legally correct " disciplinary proceedure in place nowadays.
ie whereby you have to be FORMALLY informed that ANY discussions you are involved in, and the gaffer is not happy with your response or explaination, then he/she MUST INFORM you that , that proceedure is about to commence.
Look it up. ACAS.
Instant dismissal cannot happen (UNLESS of theft or assault) unless you are made aware that you are involved in a disciplinary discussion.
If they do, then you “have them” so to speak.
Several levels of meetings and disscussions HAVE to take place before dissmissal.
And at all levels you may be accompanied and/or represented with either a colleague, friend or union rep.
Your employer also MUST record all discussions, grievences,reasons etc in writing to you. It is a fairly protracted system.
Should any stage of the proceedure be overlooked/ommitted then they are in big trouble.
It’s big-bucks now, so if you wish to keep your job, or be dissmissed … tread carefully.
Hallelujah! at last, somebody who knows the law instead of just guessing at it. Wish you could persuade some of the idiots at our place that employment laws have changed since the 1970’s!
Just go to a Tribunal and tell em your Pregnant and could not work full time It works a treat And I know that to the Tune of £5352
Even if it was All Bulls Do Do
Seriously though, I dont think anything would come of it other than a bollocking, you’ve gotta see his side, he works under pressure and had probably had a crap day, if your a good employee he’ll have calmed down by Monday Afternoon.
So i phoned the boss and he went ■■■■■■■ and didnt believe me saying "call yourself a professional driver"etc etc
If your employer has abused you verbally then this is sufficent reason to claim unfair dismissal. You can resign your position with immediate effect and claim since your boss is not legally allowed to verball abuse you under any contract of employment…regardless of the reason you were late for work.
You should use the employment law to your advantage. Far too often employers engage an in aggressive verbal attitude thinking they can treat you like ■■■■■■ You are another human and deserve to be treated in a manner which your boss would expect to be spoken to.
Don’t just lie back and make it easy for your boss to see you out the door make it a bit harder for him.
Don’t just lie back and make it easy for your boss to see you out the door make it a bit harder for him.
Oh i know all about that !
Cut a long story short i,m the kind of person that speak’s my mind and beg to differ if i need to . Anyway i had spoken my mind and begged to differ with the gaffer more time’s than enough . I had an industrial accident that damaged some freight , the gaffer was more than happy to give me my card’s and his attitude on the whole disciplinary hearing was atrocious , he gave me a verbal roasting , i gave him a verbal roasting and the whole affair became quite a heated discussion . My last comment before i departed to the canteen so he could phone HR to confirm if i could be sacked or not was " Show me the training record that i have signed and has been co-signed by a qualified trainer to state that i,m competent useing that particular piece of operating equipment "
The blood almost drained from his whole body … 10 minute’s late i was re-instated and 1 year later i left anyway …
But i won the war , not the battle , the war
I have resigned becasue i ahve a new job to start on 3rd of January !!. I gave them a months notice bain the nice kind of guy i am rather than a week considering xmas etc etc.