Discussion in 'Army Pay, Claims & JPA' started by fooboy, Oct 25, 2005.
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If he is in the UK then he should get his corpse down to the Citizen's Advice Bureau as fast as his little legs will carry him. If he is not in a union, and there is a union at work then he should join immediately as well.
Tell your mate to have a look Here and give them a ring for advice
Are you certain his boss said " You are being sacked because you have a disabled child"? Because if that is the case then I'd be on the phone to the nearest press office and giving them carte blanche on the story. If, on the other hand, he is being sacked because of time off work due to his childs disability, then he still has a case against the company because employees are entitled to time off work to deal with domestic incidents, ie: Kids in trouble at school. childs illness. childs hospital appointments etc..
Any boss will know that they are on very dodgy ground with this sort of issue. Even if they have other grounds to dismiss your friend, if it's known how they feel about their child, they are going to have to have a watertight case for it unless they want it blowing up in their face and costing them a lot of money and PR.
Doesn't matter a jot in the Armed Forces; the mentally disabled are in charge!
Just a thought;
If his job requires reliable fixed, patterns of attendance, I can understand his boss's concern, but it should not be a case of dismissal, constructive or otherwise. Can he not do similar duties/roles in the company that can be adjusted for a more flexible attendance?
Today's 'industry' Managers are mostly sociopathic morons with good hair. Sounds like this particular knobber needs some hands on experience of disability issues: Someone should take him outside in the car park and smash his fcuking kneecaps with a hammer!
Unless Employment Law has changed dramatically since I left 5 years ago most work place agreements/ terms of employment must include a set number of days holiday per year, holiday days accrued, sick days per year and sick days that might be accrued, along with other standard entitlements. I have never seen an employment contract that stipulated that a boss might be flexible with time on issues of domectic problems. In other words if your child is sick and you need to look after it you take a sick day or a holiday. Some agreements include bereavement leave or similar but again that is limited to 3-5 days. Of course the boss may chose to be flexible but he is not bound by law to be.
I doubt an employer would state he was sacking your mate because his kid is disabled. More likely for failing to meet the work time requirement (a consequence of the childs condition). I'm a boss of a small business and I know that we could not carry a member of staff in that position for long.
i am currently on the command leadership management course and we have recently had a brief from mcm div regarding soldiers reporting and i can confirm for you now that a soldiers home life should have absolutely no bearing on his annual reporting, if the soldier in question has had comments raised in his cr regarding his home life or family then i stongly suggest he re-dresses the report.
Unless it has very direct relationship to matters going hairily wrong at work. If you really feel the need to bring something to light which has bearing, you have to be bloody careful and advice should be taken from APC each and every time to ensure you get the correct pc wording to get the message across.
Get it wrong and and as trigger65 says stand by for redress
from the inital posting & question I get the impression this place of work in not armed forces?
theres clear rules in place for parents to take time off for children being ill, making childcare arrangements, etc - they also lay out that if the employer has a problem with the amount of time being taken off then it should be dealt with through the company disciplinary procedure.
I'd suggest your mate looks at your companies HR policies on time off, and photocopies them, then going to CAB and a solicitor - Probably involve making a formal complaint over what was said about the time off for the kids, that he believes this amounts to unfair dismissal, and that he intends to take it to a tribunal. key thing is that he gets it down on paper that he has been informed that this is the reason for dismissal, as then they cannot try to gloss it over with made up reasons or by setting him up for a fall with something else.
My experience from being on the management side in civdiv suggests that more and more firms are prepared to accept cost of any tribunal damages just so long as it lets them off-load those they do not wish to have on board. I heard of one or two multi-nationals in UK who included an approximation of such an award as an ex-gratia in the final payment with a nod and wink that ex-employee would not seek tribunal.
I think he should be named and shamed.
Separate names with a comma.