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  • #1

    Disciplinary Process....

    Nothing has happened yet - no need to worry lol.

    I just have a question. I know for unfair dismissal etc you need to have been employed 12 months, but I am assuming within that 12 months, barring any probationery period, that due process still has to be followed??

    I.E. - you are informed, invited to meeting, notified of result, can raise an appeal etc etc - they cant just turn round and say (Alan Sugar style) - You're Fired!
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    Tags: 2012, acas, act, action, applications, bullying, claim, compensation, con, cons, contract, court, criteria, employee, employees, employment, errors, financial, government, help, interest, job, law, legal, letter, list, media, moj, money, national, organised, people, public, saving, solicitors, trade union, tribunal, unfair, wage, working
  • #2
    Re: Discipiliary process....

    that's the way i read it Oscar unless its for gross misconduct, then they can throw you out the door with no ceremony BUT must have the paperwork done, ie they need to give you a letter explaining why they are throwing you out. The jobcentre will ask when they sign on and the employer has to confirm.

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    • #3
      Re: Discipiliary process....

      Actually, I'm not sure that you have much in the way of rights when you have less than 12 months service, unless you can prove you have been discriminated against.

      It is certainly "good practice" to follow a procedure, for, as an employer, it helps should the employee complain they have been discrimated against, but I'm not sure it is law?

      Also, if an employee has been in employment for say, 11 months, and needs 1 months notice, then this could be argued that by the time of termination they had 12 months service under their belt.

      Perhaps lovely Poppy might have an insight - I think she works in that sort of environment?

      diddly x
      If happy little bluebirds fly, beyond the rainbow, why, oh why can't I?

      sigpic

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      • #4
        Re: Discipiliary process....

        Thanks dopey / diddley.

        Your explanations match mine, but as in mine and dopeys post, they still have to follow procedure - you just cant do anything about it if you fail and have been employed LESS than 12 months.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Discipiliary process....

          Just noticed the title of my thread!

          Sure it should be spelt disciplinary..... oopss (time to go back to skool)
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: Disciplinary Process....

            I have just sorted the title -

            I thought the 1 year rule was changing/had changed to 2 years again? Or not...?
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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            • #7
              Re: Disciplinary Process....

              Could of sorted the title myself I think - have the access dont I??

              Yeah, it is changing to two years with regards to tribunal - but I am almost positive that they still have to follow due process during that time.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #8
                Re: Disciplinary Process....

                Still 1 year. Under a year ACAS will help you out if its wrongful or something to do with bullying etcc.

                it sucks that you can work for a place for 11 months 28 days and have not many rights!

                Comment

                • #9
                  Re: Disciplinary Process....

                  Originally posted by oscar View Post
                  Could of sorted the title myself I think - have the access dont I??
                  Yep but I changed it as soon as I spotted it - sorry thats what mods do mate, we fix errors as well as help people

                  * Sarcasm is flowing today!
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #10
                    Re: Disciplinary Process....

                    Originally posted by jen_br View Post
                    Still 1 year. Under a year ACAS will help you out if its wrongful or something to do with bullying etcc.
                    Jen we have had a mod here who works for ACAS - you know that right?

                    Also ACAS can mediate with anything, not just under a year BUT the problem isn't mediation, it is the facts of law we're seeking
                    Last edited by Never-In-Doubt; 23 December 2011, 16:23. Reason: changed from current to past tense
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #11
                      Re: Disciplinary Process....

                      Mate have you been sacked?

                      Seen this: ---> The 1 year rule in unfair dismissal law

                      If you have been the victim of unfair dismissal or constructive dismissal then you can not make a claim unless you have worked for your employer for longer than 12 months. In unfair dismissal cases, you may still have a chance of obtaining compensation provided that you fit the criteria described below.
                      • Dismissal for trade union membership.
                      • Dismissal on maternity related grounds.
                      • Dismissal related to paternity leave.
                      • Dismissal related to adoption leave.
                      • Dismissal on grounds related to the right to request flexible working arrangements.
                      • Dismissal of a shop worker or betting worker for refusing, or proposing to refuse, to do shop work or betting work on Sundays.
                      • Dismissal for qualifying for the national minimum wage or seeking to enforce a right to it.
                      • Dismissal for exercising rights under the &nbsporking Time Regulations 1998.
                      • Dismissal for making a protected disclosure within the meaning of the Public Interest Disclosure Act 1998.
                      • Dismissal for performing, or proposing to perform, any duties relating to an employee's role as an employee representative or as a candidate to be a representative of this kind or for participating in the election of such a representative.
                      • Dismissal for taking lawfully organised official industrial action lasting twelve weeks or less (or more than twelve weeks, in certain circumstances).
                      • Dismissal on grounds relating to the Information and Consultation of Employees Regulations 2004 for undertakings with 50 or more employees.
                      • Dismissal on grounds relating to jury service.
                      • Dismissal in connection with a meeting to discuss a request not to retire.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      • #12
                        Re: Disciplinary Process....

                        Got the Boot is another good resource ---> Employment law explained - Unfair dismissal claim
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                        • #13
                          Re: Disciplinary Process....

                          Originally posted by Never-In-Doubt View Post
                          Mate have you been sacked?
                          No (well not as yet!)

                          But this:
                          Dismissal of a shop worker or betting worker for refusing, or proposing to refuse, to do shop work or betting work on Sundays.

                          Could be interesting in new year - as I think we will stop sunday trading then, thats when my letter goes in (youo apparently have to give 12 weeks notice) to not work on Sundays.

                          Other than that, from your post, it would seem that for under 12 months, they can just turn round and say "your not up to scratch" and need give no further reasoning.


                          As for my previous comment - wasnt being sarky (or lazy) I just didnt spot the spelling error

                          ****must learn to proof read***
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                          • #14
                            Re: Disciplinary Process....

                            Please tell me after the carry-on with you getting a job that you're not causing bother mate - I see a pattern evolving

                            Seriously though, what exactly is the issue/problem etc? What has actually happened, not what will or may but what HAS happened?
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #15
                              Re: Disciplinary Process....

                              Originally posted by Never-In-Doubt View Post
                              Please tell me after the carry-on with you getting a job that you're not causing bother mate - I see a pattern evolving

                              Seriously though, what exactly is the issue/problem etc? What has actually happened, not what will or may but what HAS happened?
                              lol .

                              Well lets start with for the last eight weeks I have worked EVERY sunday - and not through choice. - Wasnt asked, just told.

                              I am not causing bother - but have been told recently that one of the other bosses (from another area) wasnt happy with me.

                              I still have no contract (or not on paper, believe there is a generic one instore), have not been notified of my holiday entitlement - which needs to be taken by end of March, which I have also asked about.

                              Just minor issues that are easy to resolve not being ironed out because "I am too busy at the moment" responses.

                              Got any jobs going here?
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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