employee rights

[vlad on the tyne]

I know this is quite a serious subject for a saturday night folks but can I ask you put that stella down for 2 minutes and ask if anyone knows of any good sites/forums that address employee rights?

 

any help much appreciated

[Cobblers]

May depend on what your problem is, but look up ACAS on google. There may be some info on there.

 

Employment law is pretty complicated and often based on case law.

[vlad on the tyne]

Cheers Cobblers.

 

To cut to the chase I wasn't made permanent at my final review after 8 months employment . They lied left right and centre during my review and produced documents which they claim justify termination of employment.

 

I have reviewed this "evidence" and its a lorra keek. It's a stitch up. I'm now in the process of appealing the decision. I have been employed for less than one year and I need to know what rights I have, if any.

[Cobblers]

Cheers Cobblers.

 

To cut to the chase I wasn't made permanent at my final review after 8 months employment . They lied left right and centre during my review and produced documents which they claim justify termination of employment.

 

I have reviewed this "evidence" and its a lorra keek. It's a stitch up. I'm now in the process of appealing the decision. I have been employed for less than one year and I need to know what rights I have, if any.

 

I'm pretty sure if you've got less than a years service you won't be able to take them to a tribunal. That certainly used to be the case and although employment law is always changing I don't think that element has yet.

[gavsmith]

I'm pretty sure if you've got less than a years service you won't be able to take them to a tribunal. That certainly used to be the case and although employment law is always changing I don't think that element has yet.

 

Less than 1 years service is not good news.

[MacDonald Jardine]

I'm pretty sure if you've got less than a years service you won't be able to take them to a tribunal. That certainly used to be the case and although employment law is always changing I don't think that element has yet.

 

It hasn't. Unless you can argue some form of discrimination (Sex/ race etc) you can't go to a tribunal.

[vlad on the tyne]

I know tribunial is pretty much out of the equazion.

 

But if I have proved their evidence is factually incorrect would they have to then take me back on as what they have produced is not worth the paper its written on?

[Sheriff Fatman]

I know tribunial is pretty much out of the equazion.

 

But if I have proved their evidence is factually incorrect would they have to then take me back on as what they have produced is not worth the paper its written on?

 

Unfortuneatly I don't think they would, but I would get in touch with an employment law specialist if I was you, to be sure. Citizens Advice would be another good place to go.

[70's Throwback]

I'm pretty sure if you've got less than a years service you won't be able to take them to a tribunal. That certainly used to be the case and although employment law is always changing I don't think that element has yet.

 

You're finished.

[Stuart Lyon]

Why do you still want to work for them if they are such dire employers? You do however need to expose any lies or skullduggery as a future employer might ask them for references. If you are allowed have a friend attend th appeal interview or better still get a lawyer!

[portobellojambo1]

I know tribunial is pretty much out of the equazion.

 

But if I have proved their evidence is factually incorrect would they have to then take me back on as what they have produced is not worth the paper its written on?

 

I think the simple, but unfortunate answer is nope. The place to probably argue your case was during the meeting at which they were determining if you would be taken on as a permanent member of staff. It appears, from what you have said above, they simply didn't want to take you on permanently, but didn't have the balls to come out and tell you that straight. If you were to challenge it they may then be a bit more ruthless in their output next time round, looks like it is a case of take it on the chin and move on.

 

You could get involved with lawyers etc. (not cheap) but are you going to gain any long term benefit from what you might prove (it could backfire and make it more difficult for you to find alternative employment).

[Toggie88]

Get one of your mates to stick on a suit and come to the decision hearing with you. Introduce him as your lawyer, and your (former) employees will probably keek themselves.

[MacDonald Jardine]

I know tribunial is pretty much out of the equazion.

 

But if I have proved their evidence is factually incorrect would they have to then take me back on as what they have produced is not worth the paper its written on?

 

They would have to give you a week's notice, or whatever was agreed in your contract, but that's all.

Re other posts bear in mind they have to give a fair reference (if they choose to give one at all) or they can be sued.

[vlad on the tyne]

Why do you still want to work for them if they are such dire employers? You do however need to expose any lies or skullduggery as a future employer might ask them for references. If you are allowed have a friend attend th appeal interview or better still get a lawyer!

 

I want to expose them as you quite rightly say it doesn't look good on the old cv or from a reference point of view.the evidence that was produced at the meeting was put under my nose then pulled away again when I requested to produce my paperwork. I now have taken the opportunity to compare the paperwork and I have excellent grounds for appeal.

[GRL1969]

I want to expose them as you quite rightly say it doesn't look good on the old cv or from a reference point of view.the evidence that was produced at the meeting was put under my nose then pulled away again when I requested to produce my paperwork. I now have taken the opportunity to compare the paperwork and I have excellent grounds for appeal.

 

Nightmare senario by the sounds of it mate.

What was the agreement when you started with them? Was it temporary with a view to full time, pending a review after so many months? If so, they just have to say your not what they were after.

If not, When you were called in for your review, were you told they were considering terminating your emloyment and that you could have taken an independant witness with you to the meeting? They should have.

 

Im sure that applies no matter how long you have served but it is the mid contract review bit im concered about. That is basically a get out of jail card for employers.

[portobellojambo1]

I want to expose them as you quite rightly say it doesn't look good on the old cv or from a reference point of view.the evidence that was produced at the meeting was put under my nose then pulled away again when I requested to produce my paperwork. I now have taken the opportunity to compare the paperwork and I have excellent grounds for appeal.

 

As someone else has said quite recently on the thread even though they may not want to take you on the reasons would not be reflected in any reference they might be asked to provide.

 

Most references these days are fairly bog standard, and are more prone towards things like time keeping/sickness record/behaviours etc than going into details about your abilities and reasons for dismissal/not being taken on permanently. Although they may not want to take you on there is no gain for them in making it difficult for you to find alternative employment

 

And many potential new employers do not like people sitting in an interview ripping the s h i t out of their previous employer(s).

 

Easiest way round it is is simply to state to your potential new employers you are looking for a new challenge, that you have read up/researched online and believe you could be the company to meet my requirements and offer me that challenge.

[Stuart Lyon]

One other point - did they just confront you with this at the 8 month stage? Did none of your line managers take you aside during the 8 months to alert you to the fact that your performance was unsatisfactory? It is reasonable to expect some coaching and or corrective assistance during a probationary period so ask them why this wasn't provided.

[Drew Busby !]

Your length of service doesn't endow you with too many rights mate, thats the way it is in the UK.

 

I was made redunadant about 4 years ago as an employee of a world-wide company. The redundancy terms and emplyee rights varied widely across the globe.

 

In the US - employees gone in a week or so. Desks cleared ASAP effectively.

In the UK - 1 week's notice per year plus a few sweetners

In France - seemed like it would take at least 6 months to show any employees out the door !

 

The UK has moved more towards hire-and-fire US style I'm afraid.

Your only hope might be if you have something in writing or in email ... something that they promised but then went back on. Verbal promises and warm wishes of course aren't worth the paper they're not printed on.

 

Good luck anyway.

[vlad on the tyne]

Your length of service doesn't endow you with too many rights mate, thats the way it is in the UK.

 

I was made redunadant about 4 years ago as an employee of a world-wide company. The redundancy terms and emplyee rights varied widely across the globe.

 

In the US - employees gone in a week or so. Desks cleared ASAP effectively.

In the UK - 1 week's notice per year plus a few sweetners

In France - seemed like it would take at least 6 months to show any employees out the door !

 

The UK has moved more towards hire-and-fire US style I'm afraid.

Your only hope might be if you have something in writing or in email ... something that they promised but then went back on. Verbal promises and warm wishes of course aren't worth the paper they're not printed on.

 

Good luck anyway.

 

Thanks for all the feedback guys, really appreciated.

 

timekeeping is the issue. I work unsupervised as my ex bosses are based outwith Edinburgh. The evidence they produced is not accurate and in one instance is complete boo*****. There decision to then terminate my contract does affect references. I dont operate under a clocking card system its manaual time keeping and they way they have been checking the validity of these times is via a van tracker.

 

At no point in the lead up to the review was I told there was going to be a mini investigation held on the matter. I have the right to appeal and will be doing so and this time I will be taking in representation. I need to get my name cleared asap.

[jambo121]

As has been said you have no rights under a years service. however do not take a lawyer with you unless they are a fully qualified Employment Lawyer plus they will cost you a fortune. I would advise going to the CAB they have some excellent people and they have a wealth of knowledge. You never know they might come to your appeal.

 

I would say your only hope is that your employer is made to see the error of there ways and perchance they are a reasonable employer who will take it onboard but that sounds slim. From what you have said it doesn't sound like they followed the procedures laid down and they should be made aware of this but the CAB will be able to dissect this for you and help you put together your appeal.

 

ACAS are also very helpful I contact them regularly as an employer to make sure I am doing the right thing and they will also guide you.

 

Hope this helps.

[coppercrutch]

VOTT.

 

Out of interest - Is this employer a major finanical institution ?

 

Because if it is I imagine lots of this is going on just now.

[vlad on the tyne]

As has been said you have no rights under a years service. however do not take a lawyer with you unless they are a fully qualified Employment Lawyer plus they will cost you a fortune. I would advise going to the CAB they have some excellent people and they have a wealth of knowledge. You never know they might come to your appeal.

 

I would say your only hope is that your employer is made to see the error of there ways and perchance they are a reasonable employer who will take it onboard but that sounds slim. From what you have said it doesn't sound like they followed the procedures laid down and they should be made aware of this but the CAB will be able to dissect this for you and help you put together your appeal.

 

ACAS are also very helpful I contact them regularly as an employer to make sure I am doing the right thing and they will also guide you.

 

Hope this helps.

 

thanks for the advice mate. first time I've been out of work in my life and finding this a hard one to take.

 

I spoke with CAB last week. The advisor was pretty informative and said as service was under 1 year I have next to no rights which is harsh as irrelevant of service I've been stitched up by an employer. This employer doesn't follow procedure and tomorrow is pay day. CAB said I would be able to go to town on them if I dont recieve the correct pay and wageslip which has happened 4 times in my eight months of employment.

[vlad on the tyne]

not really any further forward with my previous employer. I lodged an appeal with them and requested a meeting where I would have representation.

 

The feckers then posted a letter stating the meeting was to be held in London just 24 hrs after date of receipt of the letter!!!. Does the fact I worked from Edinburgh not mean I'm entitled to a meeting in Edinburgh?.

 

I spoke with HR to broker a deal IE good reference and I would retract the appeal despite having strong evidence that proves them totally wrong but they said they would give me a very basic reference missing out their reasons for booting me. If i was unhappy with this I was to carry on with appeal. What fecking skin is it off their noses ffs, I'm off the wage bill.

 

I have this offer in writing which would be good evidence to use in an appeal.

 

I also stated that I didn't sign any of the paperwork or notes created at my review, does this hold any ground for an appeal? I have had an interview for a job in a very similar field and I think my previous employers could ruin my chances.

[Therapist]

I think the OP needs to send out the legal equivalent of the bat-signal to catch the attention of the legal eagle whose quote is used in my signature.

 

If he does that, he's sure to triumph.