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Author Topic: Help!!!  (Read 6942 times)

AndyR

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Re: Help!!!
« Reply #15 on: August 07, 2009, 12:29:47 PM »
Flip!  :o


I don't know what to say...

Well... thinking of you, hope it works out, and not more stressfully than it ought to...

That's a complete bummer...


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Elliot

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Re: Help!!!
« Reply #16 on: August 07, 2009, 04:46:19 PM »
If they do dismiss you, it already looks like a potential unfair dismissal as you have asserted a statutory right and to dismiss on this basis constitutes a potentially unfair dismissal.

Have a read of this case summary I found on the net - not entirely on point, but it takes you in the right direction when talking to a employer lawyer:

'In the recent case of Elizabeth Claire Care Management
Ltd v Francis, the Employment Appeal Tribunal (EAT)
held that an employee was automatically unfairly
dismissed after complaining that she had not been paid
her wages on time.

The Employment Appeal Tribunal  found that her employers had made an
unlawful deduction from the employee’s wages pursuant
to s13 (1) of the Employment Rights Act 1996 by paying
her 4 days late. The employee had made several
telephone calls to her employers seeking an explanation
for the late payment and the EAT found that in doing so,
she had asserted a statutory right i.e. the right not to
suffer unlawful deductions. The EAT held that despite
the employer’s arguments to the contrary, the real
reason for the employee’s dismissal was her assertion
of a statutory right, resulting in an automatically unfair
dismissal.'
« Last Edit: August 07, 2009, 04:49:07 PM by Elliot »
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horsehead

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Re: Help!!!
« Reply #17 on: August 07, 2009, 08:51:33 PM »
the disciplinary that I had was quoted as gross misconduct due to an email that had come from my old boss to another guy in the company who'd sent it to someone else saying that I'd given them information after being instructed not to speak to that person. Personally I see it that he's grasping at straws as he's suspended the other colleague from my old office when she asked why he told her that it was because it was an investigation so she might be involved...he had no evidence at all! Basically he's shut down our office & doesn't want to pay us off & is trying to find ways around it...I think!
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dave_mc

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Re: Help!!!
« Reply #18 on: August 07, 2009, 09:46:06 PM »
jeez, sorry to hear that. Good luck...

Plexi Ken

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Re: Help!!!
« Reply #19 on: August 08, 2009, 10:12:48 AM »
Sounds bad  :(
It always gets me why 'management' act like this. There's a procedure for redundancy, just follow it. Trying to dismiss someone on a bogus accusation is really poor form and reflects a lack of ethics in the corporate mentality. There's a serious lack of compassion in our society  :?
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Elliot

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Re: Help!!!
« Reply #20 on: August 08, 2009, 10:29:04 AM »
Get advice - its pretty hard to sack someone right now as correct procedure is a mandatory process so that if the employer c--ks up, its automatically unfair dismissal.  Do you have a union or trade association who can assist you?  Even if you are not a member at the moment they will usually afford you the assistance if you join up right now. 
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38thBeatle

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Re: Help!!!
« Reply #21 on: August 08, 2009, 11:04:11 AM »
These guys are B*stards. I hope you can get back at them.
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horsehead

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Re: Help!!!
« Reply #22 on: August 18, 2009, 10:03:41 AM »
shock horror the company is going to be liquidated, but the notice that was posted in the London Gazette (I believe it has to go in there for the creditors) is dated 29th July! This is 2 days before my original meeting & over a week before my suspension meeting (the illegal one).
"Praising Phil X for his enthusiasm seems a bit like praising Hitler for his ambition"

dave_mc

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Re: Help!!!
« Reply #23 on: August 18, 2009, 10:45:32 PM »
ugh, bunch of crooks. :( I hope you get it sorted, good luck

Elliot

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Re: Help!!!
« Reply #24 on: August 19, 2009, 07:08:34 PM »
Are you still employed or have you been dismissed yet?  Because your right to redundancy and notice wages (paid by the government through National Insurance if the company has no money) continues if the company goes into liquidation even if you are suspended but not yet dismissed. 

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horsehead

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Re: Help!!!
« Reply #25 on: August 19, 2009, 07:30:39 PM »
I haven't been dismissed, I am on suspension until tomorrow. I spoke to the company that is (suppose) to be over looking the whole thing & they are going to send the RP1 form over to me to fill in. I'm still kinda annoyed that they can pull this, but haven't got a clue to what to do about it
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38thBeatle

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Re: Help!!!
« Reply #26 on: August 20, 2009, 06:40:14 AM »
I had a thought, have you got any legal expenses Insurance? You may have without even realising it.Some insurers tack it onto household policies and it is easy to forget that you have it. If so then get on to them and see if they can fund a Solicitor.
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Prawnik

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Re: Help!!!
« Reply #27 on: August 20, 2009, 08:29:34 AM »
I am not a solicitor or qualified to give advice on English law, but if the company is to be liquidated, I would hie myself to a solicitor to the equivalent of Legal Aid or whereever to find out what my rights are.

This goes double in the liquidation of a going concern, because by definition, in a liquidation there are more claims than there is money to go around.

So you want to know what your rights are to any share of what money is left.

Elliot

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Re: Help!!!
« Reply #28 on: August 20, 2009, 09:57:38 AM »
Unfortunately there is no legal aid for employment matters, so that's a no go and as stated wages are priority debts with the minimum payout guaranteed by the state.

The company is going to down so there is not much you can do - its a case of redundancy i'm afraid.  Best thing, if they were trying to get rid of you by a trumped up gross misconduct allegation - saves you the hassle of an employment tribunal claim.

You should get the RP1 (which stands for Redundancy Pay Form 1 btw) in asap, and try to delay any conclusion of the disciplinary matter so you can get your redundancy award - for a company in liquidation, that's the best you are likely to get as there will be no money to pay any further award made by the Employment Tribunal (and these are not priority debts but a normal unsecured debt).
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Elliot

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Re: Help!!!
« Reply #29 on: August 20, 2009, 09:58:33 AM »
Unfortunately there is no legal aid for employment matters, so that's a no go and as stated redundancy, 8 weeks wages and holiday/notice pay are priority debts with the minimum payout guaranteed by the state through NI.

The company is going to down so there is not much you can do - its a case of redundancy i'm afraid.  Best thing, if they were trying to get rid of you by a trumped up gross misconduct allegation - saves you the hassle of an employment tribunal claim.

You should get the RP1 (which stands for Redundancy Pay Form 1 btw) in asap, and try to delay any conclusion of the disciplinary matter so you can get your redundancy award - for a company in liquidation, that's the best you are likely to get as there will be no money to pay any further award made by the Employment Tribunal (and these are not priority debts but a normal unsecured debt).
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