laws on dismissal from work UPDATED

[The Mighty Elvi]

http://www.smallbusiness.co.uk/channels/employing-staff/dont-miss/26602/firing-staff-legally.thtml

[daz veedub]

No not bullsh!t, the business world is a small one and word gets around locally. And its not a myth i've seen it first hand.

Candidate one - Good Worker, Good CV, Good References
Candidate two - Good Worker, Good CV, Reference disclosed a f**k up that cost thousands, employee then dismissed and took us to tribunal.

Im taking candidate one ta!

Tribunals and unions are there to f**king egg on lazy sh!ts and people who are crap at their job into believing their employer owes them the world.

SMoke it

You can't put that in a reference lmao You can refuse to give a reference but you can't give a bad reference especially not one that says they took you to tribunal. Do you actually employ people ? If you do i feel very sorry for them  

Plus we are talking about someone making one mistake, people make mistakes you can't sack someone because of one mistake especially as in this case he wasn't even equipped to do the job properly.

If people got sacked everytime they made a mistake there would be no one left at work. Fair enough it's because they are drunk or on drugs or being dangerous but you still can't just can't sack people without following the correct procedures.

I do employ a lot of people yes, some of which are even on here! shall we wait to see if they come along with massive grievences.............





nothing yet........







Oh and heres a quote i thought very apt

'Whoever appeals to the law against his fellow man is either a fool or a coward. Whoever cannot take care of himself without that law is both'

i can take care of myself without involving the law 

[RandomJord]

In the case of the guy who started this thread i don't think that quote was very apt at all??.


Rob

Wasnt saying it was for him...... but he could be a fool if takes advice from a load of people on the internet, some of which work for Big corporate companies. And people in business will know, that it can be very different at an SME compared to Corporate, where lawsuits, tribunals and such are everyday business.

I know loads of other SME owners, and we all talk. Corporate...its departments, not people, you deal with mainly

Read, Re-read......in this case... the CAB would be the law, any tribunal is 'Legal' thus involving laws

EDIT - Also...im just saying...you could make things harder for yourself then they need be. Regardless of what laws are, people do talk, everyone talks.

[daz veedub]

In the case of the guy who started this thread i don't think that quote was very apt at all??.


Rob

Wasnt saying it was for him...... but he could be a fool if takes advice from a load of people on the internet, some of which work for Big corporate companies. And people in business will know, that it can be very different at an SME compared to Corporate, where lawsuits, tribunals and such are everyday business.

I know loads of other SME owners, and we all talk. Corporate...its departments, not people, you deal with mainly

Read, Re-read......in this case... the CAB would be the law, any tribunal is 'Legal' thus involving laws

EDIT - Also...im just saying...you could make things harder for yourself then they need be. Regardless of what laws are, people do talk, everyone talks.

if it makes things harder it makes things harder i believe its unfair dismissal so i will be seeking advice from cab and if need be will take further action if u was in my position and felt it unfair would u just walk away 

[AudiA8Quattro]

The problem with tribunals is it can make it too easy for bad employees to sue.
But it also provides protection against bad employers.
There has to be a balance.
I would certainly be getting legal advice.

[daz veedub]

The problem with tribunals is it can make too easy for bad employees to sue.
But it also provides protection against bad employers.
There has to be a balance.
I was be certainly getting legal advice.

cheers, even my superviser/manager believes it unfair not once have they involved him/asked opinion etc he knows more about me then the directers who we hardly see

[Seanl]

Just to add to this discussion. An employer will probably be asked in a reference 'would you re-employ this candidate?', the ex employer can say 'no', and not give a reason. Perfectly legal.

Also to add, the prospective employer would be breaking the law by requesting the reference prior to hiring the candidate.

Why is this illegal? you don't have to hire someone first, you can request references first.

It's more relevant to someone who is already in employment, but it's the same legally across to board. If a prospective employer requests a reference from the candidates current employer, if the candidate was not offered the position, it could have a detrimental effect on their current job/career.

[The Mighty Elvi]

Here's a bit of potential "ammo" for you.

When you started were you given an induction?

Were you given/talked through a method statement on performing your job?  Did you sign one?

Was a risk assessment done on your job function/machine operation?

Basically, if you were not inducted and shown how to perform your job, and you were not signed off , then you can report your boss to the HSE.   

You can also sue for unfair dismissal. I.e, you were not shown how to perform your job/trained, therefore the f**kup is not you fault.