where do i stand now?

Discussion in 'Finance, Property, Law' started by T/J/LeGg, Oct 19, 2009.

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  1. hi i am waiting for my start date to go back in to the army. i told my boss sometime back that i would be leaving for the forces in a few months and he said thats fine thanks for telling me. i was out with my gf in london and was bottled in the face and i was told to go on the sick for a week so my wounds would heal with out getting any sh*t in them. i rang my boss on the monday morning and told him what happend and he then said ring me on thursday, so thursday came i rang him and he said he wanted to talk to me on the friday morning. when i went to speak to him he said he would have to sack me because i didn't have a driving license. but when i first started the job i didn't have to have a license because i worked in the warehouse. is this enough reason to sack me? or do you think he sacked me because i was leaving for the army and also can i be sacked whilst on the sick?
     
  2. Can't see it makes any difference. You are joining the army either way.

    Unless of course you thought you could still fit in a few hours here and there
     
  3. I'm a little curious as to how you would get sh1t in you face apart from the obvious?
     
  4. You will have a job description. On that description it will tell you what you needed for the role your where doing.

    Having said that, its not legally binding, for example, I lectured for 4 and a bit years without a degree, although the description clearly said the role required one.

    I think he has no leg to stand on and I would be talking to a trade union or the CAB
     
  5. Certainly sounds like he's trying to cut you loose to save on the sick pay. If you've mutually agreed a point in the future at which your employment is to terminate, then all your usual employment rights operate until then (including the right not to be unfairly dismissed). The only way what you boss has done is legal is if he can claim that "for the needs of the business" you (specifically you) are now required to drive.
    For advice on the next practical steps you can take, I strongly recommend popping in to your local Citizens Advice Bureau, they'll have a good employment law team who can point you in the right direction.
    Hope that helps.
     
  6. as to the sh1t in my face its dust in the warehouse haha. i was only on the sick for a week until i had my stiches out.
     
  7. Banker

    Banker On ROPs

    Would seem to be unlawful dismissal (he's finding a reason to dismiss you on spurious grounds). As far as the driver's license part goes, how long have you been working at the warehouse? If it's a relatively long time (>1 year), you'll find that their allowing you to work without a driver's license legitmises your employment at law..........their decision can't be arbitrary. At the least they should have provided you with the opportunity (and the time, and perhaps cost) to acquire one.

    More interesting question is whether you've lost a driver's license during your employment. Whilst we're at it.......is your bottle/face issue going to create a criminal record for you?

    Punchline is that, prima face, they don't have grounds to fire you IF this was the only reason given.
     
  8. If you've worked there for less than a year you're buggered
     
  9. Technically not true if you have the balls to take them to court. As an employee your employer has to afford you the rights, and duty of care etc from day one week one.
     
  10. Fair one, However with his start date looming it might not be the sort of distraction he needs.
     
  11. So you think he should "roll over" and take it like a biatch?! Sod that.....
     
  12. ive worked there for around 13-14 months. the job stated when i took it that i would be working in a warehouse and would only need warehouse experience. BANKER ive never had my driving license just a provisional and i was the victim with the bottle issue.
     
  13. Find any original paperwork if you have it, saying you have the job and the duties required etc. Payslips with clock number and dept on etc.

    A witness from the same dept would be good, but very unlikely to stick his neck out as he may feel intimidated.

    http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026692

    Get as much together as quickly as poss then send a letter recorded delivery telling him you think he has shafted you and you are going for unfair dismissal.

    Don't get excited by the thought of a big payout, you will get your wages while you were out of work and that's about it. He may quickly offer an out of court settlement of 30% less which may suit both of you.
     
  14. I think the wheels on the "outrage bus" are starting to speed out of control. There are two sides to every story. Sounds like there has been a "personality clash", and in my experience there is normally a good reason for these.
     
  15. Normally, you should have a verbal warning, written warning then endex, as stated previously, write to him confirming the telephone conversation that you have been sacked for not having a driving licence, inform him that you have worked for ex time without one and you have recived no formal change in your job spec or you have recived no disiplinary proceedings to warrant your dismisal.

    therefore you consider that your dismisal may be unlawful (always use the term "MAY BE") so you intend to apply for an employment tribunal to establish the basis of the legality of your dismisal

    All ways be factual and to the point in your correspondance......even though you want to call him a cnut