FabSwingers.com forum: unfair dismissal

By *exycleaner OP Woman
over a year ago

pontefract

if you walk out of a job in the middle of your shift can you at a later date claim unfair dismissal ,lass i worked with went of sick in Feb ,hurt her back after a car hit her car knocking off the drivers mirror ,she was off 6 weeks came back then few weeks later hurt a foot after a walzter at the funfair caught back of her foot when she got off ,she came back to work ,but said to me she was still signed off ,our boss came in and had words about her standards not being good ,then bit later she walks off site ,but my boss was still there and asked where she was going so she replied going home im off back on sick ,threw her security badge at boss and went home

now she is claiming unfair dismissal

Reply privately

Reply in forum

Reply +quote

By *irtyGirlWoman
over a year ago

Edinburgh

She can claim it... whether she wins is a different kettle of fish.

Reply privately

Reply in forum

Reply +quote

By *isscheekychopsWoman
over a year ago

The land of grey peas and bacon

I doubt she will get very far with her claim as she walked off site, as long as the conversation with her manager was recorded and they were not making unfair requests or they are targeting her etc

Reply privately

Reply in forum

Reply +quote

By *xpresMan
over a year ago

Elland

This "claim culture" is making out country a joke if Fred blogs falls over in Asda Fred them puts a claim in against Asda.. But why cant Asda put in a counter claim because Fred is a scrounging fucking scumbag...

This woman wants slapping then have all her benefits cut

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

So if I get this right. The boss tells the employee that their work isn't good enough and the employee storms off home. That sounds more like quitting to me not dismissal.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

"This "claim culture" is making out country a joke if Fred blogs falls over in Asda Fred them puts a claim in against Asda.. But why cant Asda put in a counter claim because Fred is a scrounging fucking scumbag...

This woman wants slapping then have all her benefits cut "

If someone is off sick eg signed of by a doctor , they can't work it's too much aggro on liabilty insurance etc

An employer who knows someone is of sick should not be employing them

Doctors can supply a " fit to work " note

Reply privately

Reply in forum

Reply +quote

By *isscheekychopsWoman
over a year ago

The land of grey peas and bacon

This woman wants slapping then have all her benefits cut "

Wow....you have a way with words...

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

In order to claim unfair dismissal she has to have worked there more than a year. Walking off shift is no barrier to claiming it. Did the manager say get productivity or performance was poor or that her attendance was? If he said anything about attendance then it's possible she has a claim, due to injury. Lots more needs to be known before any of us can say that her claim is valid or not.

Reply privately

Reply in forum

Reply +quote

By *exycleaner OP Woman
over a year ago

pontefract

yep she just walked off site a little while after boss had words with her ,

she is in a union so has gone to them and said she was sacked so its her word against my boss ,who when she saw her was sat in her van at the time outside the place of work and saw the lass walking up the street

Reply privately

Reply in forum

Reply +quote

By *exycleaner OP Woman
over a year ago

pontefract

"In order to claim unfair dismissal she has to have worked there more than a year. Walking off shift is no barrier to claiming it. Did the manager say get productivity or performance was poor or that her attendance was? If he said anything about attendance then it's possible she has a claim, due to injury. Lots more needs to be known before any of us can say that her claim is valid or not. "
my boss not say anything about her attendance just that some of her areas she cleans weren.t very clean .

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

Don't think I'd employ someone who is so accident prone . If she walked out wouldn't that be her quitting cos she got her hands slapped . Needs to grow up

Reply privately

Reply in forum

Reply +quote

By *exycleaner OP Woman
over a year ago

pontefract

my boss is aware this woman is in the union so was trying to tread carefully by not saying anything about her being off sick as everyone thought she was playing on the car accident as she wanted compo

which she not get so my boss just gave her

a warning about her work .

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

So it still looks like she threw a strop at being told her work's not good. Grow up springs to mind

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

If the manager spoke to her about her standards in public, that will aid her case. Any such discussions should be private.

Reply privately

Reply in forum

Reply +quote

By *exycleaner OP Woman
over a year ago

pontefract

it was in private she spoke to her in one of the offices she cleans which was empty

Reply privately

Reply in forum

Reply +quote

By *exycleaner OP Woman
over a year ago

pontefract

it was in private she spoke to her in one of the offices she cleans which was empty

Reply privately

Reply in forum

Reply +quote

By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

This woman wants slapping then have all her benefits cut "

You know one very sketchy side of a story, you dont know the woman at all but are willing to see violence inflicted on her

. Incredible!

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

Hmmmm , sounds like there is a history between your mate and the boss.

he is obviously fed up by her sick record and has not had the development to delivery a performance management target or goals for your mate

your mate walks out after he points out her work desk or productivity is a issue.

my advice is your friend goes back to work. Explains about her ill health and general unwell and that's why she walked off ( if first instance) then she needs to document all meetings and get advice around her job and contract

however if she is a poor team member then leave it as she will put all jobs at risk.

need tons more stuff to claim and go to an I.T

Reply privately

Reply in forum

Reply +quote

By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

"if you walk out of a job in the middle of your shift can you at a later date claim unfair dismissal ,lass i worked with went of sick in Feb ,hurt her back after a car hit her car knocking off the drivers mirror ,she was off 6 weeks came back then few weeks later hurt a foot after a walzter at the funfair caught back of her foot when she got off ,she came back to work ,but said to me she was still signed off ,our boss came in and had words about her standards not being good ,then bit later she walks off site ,but my boss was still there and asked where she was going so she replied going home im off back on sick ,threw her security badge at boss and went home

now she is claiming unfair dismissal "

None of us can say with a third hand account of one side of the story. These things are best sorted out between the actual people involved.

Reply privately

Reply in forum

Reply +quote

By *xpresMan
over a year ago

Elland

This woman wants slapping then have all her benefits cut

If someone is off sick eg signed of by a doctor , they can't work it's too much aggro on liabilty insurance etc

An employer who knows someone is of sick should not be employing them

Doctors can supply a " fit to work " note "

I didn't say anything about her injury or her time off

Reply privately

Reply in forum

Reply +quote

By *ouple in LancashireCouple
over a year ago

in Lancashire

This woman wants slapping then have all her benefits cut "

is Fred your mate..?

Reply privately

Reply in forum

Reply +quote

By *asmanian TigerMan
over a year ago

lala land

No Fred is my mate he works in the market you know Tracy's brother lol

Reply privately

Reply in forum

Reply +quote

By *exycleaner OP Woman
over a year ago

pontefract

this happened in late may so as she walked out and not return my boss had to employ another cleaner and there was some trouble before i started there ,i only put it on here as i just thought its incredible she walked off site mid shift and now months later is claiming unfair dismissal

Reply privately

Reply in forum

Reply +quote

By *ubblyBlonde40FWoman
over a year ago

Mold

Unfair dismissal is unlikely as she wasn't dismissed

Constructive dismissal possible if she claims he made it unbearable to continue working there

He needs to have a written record of his issues he raised with her, and she needs to put in writing a formal grievance notice usual within 24 hrs of the issue.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

could be constructive dismissal

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

This woman wants slapping then have all her benefits cut "

its the same culture all over!

Reply privately

Reply in forum

Reply +quote

By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

This woman wants slapping then have all her benefits cut

its the same culture all over! "

Sorry I seem to have missed the bit where it says she's on benefits. Nice ti see two men who think people should be slapped for something they haven't even done yet....true gents

Reply privately

Reply in forum

Reply +quote

By *ouple in LancashireCouple
over a year ago

in Lancashire

fact is (as usual on here) nobody but the 2 involved fully know what was said and only the 'claimant' knows what was and may be going on in her private life..

there could well be underlying issue's which she may want to keep private at work..

hey ho..

Reply privately

Reply in forum

Reply +quote

By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

"fact is (as usual on here) nobody but the 2 involved fully know what was said and only the 'claimant' knows what was and may be going on in her private life..

there could well be underlying issue's which she may want to keep private at work..

hey ho..

Yea but let's not spoil a good rant with facts

Reply privately

Reply in forum

Reply +quote

By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

"fact is (as usual on here) nobody but the 2 involved fully know what was said and only the 'claimant' knows what was and may be going on in her private life..

there could well be underlying issue's which she may want to keep private at work..

hey ho..

Yea but let's not spoil a good rant with facts

Reply privately

Reply in forum

Reply +quote

By *ugby 123Couple
Forum Mod
over a year ago

O o O oo

There is nothing wrong with the OP asking the question....if you don't want to answer just avoid it.

Reply privately

Reply in forum

Reply +quote

By *ouple in LancashireCouple
over a year ago

in Lancashire

"fact is (as usual on here) nobody but the 2 involved fully know what was said and only the 'claimant' knows what was and may be going on in her private life..

there could well be underlying issue's which she may want to keep private at work..

hey ho..

Yea but let's not spoil a good rant with facts

true..

predictably amusing..

Reply privately

Reply in forum

Reply +quote

By *xpresMan
over a year ago

Elland

"could be constructive dismissal "

Yeah.. But still this woman is just a workshy skumbag

Reply privately

Reply in forum

Reply +quote

By *isscheekychopsWoman
over a year ago

The land of grey peas and bacon

"could be constructive dismissal

Yeah.. But still this woman is just a workshy skumbag"

Dear god get a grip man.....

Reply privately

Reply in forum

Reply +quote

By *ugby 123Couple
Forum Mod
over a year ago

O o O oo

To the OP...not a clue and I don't know how these things work....but someone must think she has a case?

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

I think in all honestly if you live in ponte carlo anyway its unfair anyway without the fact you've lost your job ! X

Reply privately

Reply in forum

Reply +quote

By *ugby 123Couple
Forum Mod
over a year ago

O o O oo

"could be constructive dismissal

Yeah.. But still this woman is just a workshy skumbag"

Why would you even say that about someone you don't know?

Reply privately

Reply in forum

Reply +quote

By *tickyfingers.24Man
over a year ago

Newport Pagnell

[Removed by poster at 14/08/14 15:56:55]

Reply privately

Reply in forum

Reply +quote

By *tickyfingers.24Man
over a year ago

Newport Pagnell

"fact is (as usual on here) nobody but the 2 involved fully know what was said and only the 'claimant' knows what was and may be going on in her private life..

there could well be underlying issue's which she may want to keep private at work..

hey ho..

Yea but let's not spoil a good rant with facts

Reply privately

Reply in forum

Reply +quote

By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

"could be constructive dismissal

Yeah.. But still this woman is just a workshy skumbag"

Ok. You know this how?

You really aren't showing yourself on a good light here.

Reply privately

Reply in forum

Reply +quote

By *ouple in LancashireCouple
over a year ago

in Lancashire

"could be constructive dismissal

Yeah.. But still this woman is just a workshy skumbag"

you said on another thread that you suffer from depression which I thought was quite a brave thing to say in public personally..

how may you feel about someone deeming you to be one, some or several of the often thrown about accusations by some about people with your condition..??

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

Can't be unfair dismissal as she walked out.

It may be constructive dismissal but she would have to satisfy certain criteria.

As for claiming months later, there is a statutory time limit for bring such claims and I think it may be three months from the incident but I may be wrong it could be longer.

However the main stumbling block here could be her length of service because the year before last the Tories extended the length of continuous service required, before anyone could claim either unfair or constructive dismissal, from 12 months to 24 months.

So if you haven't worked somewhere for more than two years your options are very limited really and as an employee you have few rights.

The only exception to this is if the employer gave the employee grounds by acting in very specific ways.

She should go to CAB or see a solicitor and they will let her know straight away if she has a potential claim.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

"I think in all honestly if you live in ponte carlo anyway its unfair anyway without the fact you've lost your job ! X"
and no reference most likely

Either.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

If it was a formal meeting to discuss her performance at work or her sickness, she should have been given at least 72 hours notice and been given the option to be accompanied by a work friend or union rep.

Reply privately

Reply in forum

Reply +quote

By *vsnikkiTV/TS
over a year ago

Limavady

This woman wants slapping then have all her benefits cut "

I am Fred (Freda at weekends). Can I get a slapping please?!

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

"Can't be unfair dismissal as she walked out.

It may be constructive dismissal but she would have to satisfy certain criteria.

As for claiming months later, there is a statutory time limit for bring such claims and I think it may be three months from the incident but I may be wrong it could be longer.

So if you haven't worked somewhere for more than two years your options are very limited really and as an employee you have few rights.

The only exception to this is if the employer gave the employee grounds by acting in very specific ways.

She should go to CAB or see a solicitor and they will let her know straight away if she has a potential claim."

Isn't it also the case now that Tribunal Fees have shot up tremendously in recent years, when at one time they were free? (Whether there's any help for the financially challenged i dint know.)

Presumably to limit such incidents as this.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

"Can't be unfair dismissal as she walked out.

It may be constructive dismissal but she would have to satisfy certain criteria.

As for claiming months later, there is a statutory time limit for bring such claims and I think it may be three months from the incident but I may be wrong it could be longer.

So if you haven't worked somewhere for more than two years your options are very limited really and as an employee you have few rights.

The only exception to this is if the employer gave the employee grounds by acting in very specific ways.

She should go to CAB or see a solicitor and they will let her know straight away if she has a potential claim.

Isn't it also the case now that Tribunal Fees have shot up tremendously in recent years, when at one time they were free? (Whether there's any help for the financially challenged i dint know.)

Presumably to limit such incidents as this. "

Not sure about that, just know the Tories have made it hard for employees who have a genuine grievance to have it heard.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

"Can't be unfair dismissal as she walked out.

It may be constructive dismissal but she would have to satisfy certain criteria.

As for claiming months later, there is a statutory time limit for bring such claims and I think it may be three months from the incident but I may be wrong it could be longer.

So if you haven't worked somewhere for more than two years your options are very limited really and as an employee you have few rights.

The only exception to this is if the employer gave the employee grounds by acting in very specific ways.

She should go to CAB or see a solicitor and they will let her know straight away if she has a potential claim.

Isn't it also the case now that Tribunal Fees have shot up tremendously in recent years, when at one time they were free? (Whether there's any help for the financially challenged i dint know.)

Presumably to limit such incidents as this.

Not sure about that, just know the Tories have made it hard for employees who have a genuine grievance to have it heard."

Ah, the Tories.

Not much consolation for the masses who were put out of work by Labour either.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

"Can't be unfair dismissal as she walked out.

It may be constructive dismissal but she would have to satisfy certain criteria.

As for claiming months later, there is a statutory time limit for bring such claims and I think it may be three months from the incident but I may be wrong it could be longer.

So if you haven't worked somewhere for more than two years your options are very limited really and as an employee you have few rights.

The only exception to this is if the employer gave the employee grounds by acting in very specific ways.

She should go to CAB or see a solicitor and they will let her know straight away if she has a potential claim.

Isn't it also the case now that Tribunal Fees have shot up tremendously in recent years, when at one time they were free? (Whether there's any help for the financially challenged i dint know.)

Presumably to limit such incidents as this.

Not sure about that, just know the Tories have made it hard for employees who have a genuine grievance to have it heard.

Ah, the Tories.

Not much consolation for the masses who were put out of work by Labour either. "

Don't want to get political. Just stating facts. the Tories have doubled the length of time that any employee has to work before they have access to the same rights they had only a couple of years ago.

That's all.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

How can someone hurt there back with someone hitting her door mirror ??

Seems she's playing on the fact that she was in a car accident.

I knew of an incident where a mother was detained by a security guard in a shop as she was shoplifting. The guard also took her daughter back into the shop as she was only a teenager. The shop got a claim from the daughter for forceful imprisonment. Went to court and she won and a successful claim was made against the liability insurers

Reply privately

Reply in forum

Reply +quote

By *ittle_brat_evie!!Woman
over a year ago

evesham

now she is claiming unfair dismissal "

If she was still signed off she should have been sent straight home as she wouldn't be covered by any liability insurance your employer has.

Not sure how that sits with the dismissed/dismissal thing. You don't know if your boss rang her and sacked her after she stormed out.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

"it was in private she spoke to her in one of the offices she cleans which was empty "

That was still an innapropriate. Anything being said regarding work practice should be carried out with representation present.

Reply privately

Reply in forum

Reply +quote

By *exycleaner OP Woman
over a year ago

pontefract

i only asked a simple question as it puzzled me, it seems she thought she was entitled to holiday pay from the rest of this years annual leave and as she cant get that is claiming unfair dismissal ,

she was off sick twice in a short space of time so my boss didnt sack her just told her that her standards weren,t up to scratch ,

Reply privately

Reply in forum

Reply +quote

By *ittle_brat_evie!!Woman
over a year ago

evesham

"it was in private she spoke to her in one of the offices she cleans which was empty

That was still an innapropriate. Anything being said regarding work practice should be carried out with representation present.

no it shouldnt

Reply privately

Reply in forum

Reply +quote

By *ittle_brat_evie!!Woman
over a year ago

evesham

"i only asked a simple question as it puzzled me, it seems she thought she was entitled to holiday pay from the rest of this years annual leave and as she cant get that is claiming unfair dismissal ,

she was off sick twice in a short space of time so my boss didnt sack her just told her that her standards weren,t up to scratch ,"

she is only entitled to what she has accrued ad not used up to the point of dismissal/resignation. If she had any booked for while she was off sick she should be gven that back.

Reply privately

Reply in forum

Reply +quote

By *ouple in LancashireCouple
over a year ago

in Lancashire

"it was in private she spoke to her in one of the offices she cleans which was empty

That was still an innapropriate. Anything being said regarding work practice should be carried out with representation present.

nope, a manager can address a team members performance etc in a one to one..

and in good practise with something minor should do so..

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

Any compensation she received for her accidents if she was paid sick from work they claim back legally.

Unfair dismissal is very difficult to prove and unions rarely go down that route as

normally they will have exhausted the internal process and come to a

conclusion till all the facts were in front of me I could make a decision as to any claim

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

No legs to stand on. She won't win.

Reply privately

Reply in forum

Reply +quote

By *exycleaner OP Woman
over a year ago

pontefract

thankyou for all your replies as i say i only posted my thoughts as its such a strange one ,she not get any compo for he accident ,she has money problems so by now is prob in dire straits and wants money for nothing ,i didnt know she had walked out i just got the feeling she had ,if she had come to me i could have tried to talk to her and told her to at least give notice if she was that fed up !!!

Reply privately

Reply in forum

Reply +quote

Post new Message to Thread