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Off Topic Employment law

Discussion in 'Newcastle United' started by Roland Deschain, Mar 30, 2023.

  1. Dorty Dogbreath

    Dorty Dogbreath keeper of the glow

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    Last 18 months, despite lockdown, we've been to New York twice, Berlin, naples, Milan, and good old Norfolk. Also throw in maybe forty weekends at our caravan retreat in Northumberland and probably 100 games of golf. And we both work 50 hours a week! Knackered <laugh>
     
    #21
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  2. Roland Deschain

    Roland Deschain Well-Known Member

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    Exactly what I’m trying to d bud.
     
    #22
  3. Magdad

    Magdad cult leader

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    I’m not too shabby in it if you want to pm
     
    #23
  4. Roland Deschain

    Roland Deschain Well-Known Member

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    Will do mate thanks.
     
    #24
  5. Magdad

    Magdad cult leader

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    A lot will depend on if they followed their own and more specifically acas guidance on how they terminated you. Did they notify you if an investigation or did they just sack you? If they just sacked you, I highly doubt you’ll get job back but could get a compensation payout if you take it that far
     
    #25
  6. Rum & Black for 2

    Rum & Black for 2 Champion’s League Prediction League Champion
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    We know.....


    <whistle>
     
    #26
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  7. Blacker-than-Knight

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    Coming to this a bit late but does the company have a formal disciplinary procedure and was this communicated to you when you commenced employment as part of your contract or written terms and conditions of employment, if so did they follow this procedure in dealing with your case? Were you advised of a disciplinary hearing, your rights and why they were holding a hearing, this would mean full disclosure of what was said that someone found uncomfortable, maybe not the person but certainly exactly what was said. There is a very strict guideline to taking disciplinary action against an employee and companies in my experience can cock it up quite easily, contrary to what someone says UK Employment Law hasn't been eroded in reality, yes they switched back the qualifying period to two years but that was where it was originally, if you have the right circumstances you can still bring a case for unfair dismissal under two years of employment. I would contact Citizens Advice and see what they say or where they could point you.

    Having been a hotel manager for many years and conducting disciplinary actions I personally wouldn't consider someone being uncomfortable about a comment or conversation as grounds for dismissal per se, it would have to be a conversation so far beyond uncomfortable to go straight to dismissal as a reasonable response in my mind, I would request a written statement as to why you have been dismissed especially if they haven't followed procedures, if the company is American they can make mistakes in this as they have everything on their side in America and sometimes forget that when dealing with issues here, one final point if they as a foreign company have dismissed you in a manner that could be considered discriminatory you may have a real case for unfair dismissal.
     
    #27
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  8. JakartaToon

    JakartaToon Well-Known Member
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    @Geordie Lawyers-4-You.
     
    #28
    Last edited: Apr 2, 2023
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  9. Magdad

    Magdad cult leader

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    This 100% if they have sacked you on grounds of gross misconduct without any form of disciplinary action and not followed ACAS guides as a bare minimum you can probably get them done for a compensation package in a tribunal. Even after only 1 year.
     
    #29
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  10. haslam

    haslam Well-Known Member

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    I'll pre-face all of this by sayign that although i did used to work in Employment law it as a) on behalf of the employers and b) around 14-15 years ago so please do take everything i post on this with a pinch of salt - it's correct as far as i know. A lot of what you describe is good management versus bad management rather than the law per se. The law is only really there to protect against the worst kind of management and still leaves a lot of employees vulnerable to the whims of their bosses. In the past you needed one years work with a company to be able to qualify for claiming unfair dismissal. When the tories came to power they made it two years (this is usually what happens, then when they lose power the next gvt will make it one year and then when tories come back in again they'll make it two years, it's pretty standard'). By my reckoning that's an erosion as it massively reduces the number of people who qualify to be able to claim it.

    There are some situations you can claim it if you haven't worked for two years but that's usually to do with discrimination or victimisation against you (I'll put a list below but's it's just off the acas website. It certainly wouldn't do any harm for him to contact Citizens Advice but I don't see any of these as relevant to his situation:

    upload_2023-4-2_10-57-33.png

    This is aside from wrongful dismissal but that's just getting properly paid for your notice period - nothing to do with arguing against a dismissal itself.
     
    #30

  11. Charlie Dogscock

    Charlie Dogscock Well-Known Member

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    At least you didn't get sacked for being **** like Brendan Rodgers just did. His pay off will be bigger though.
     
    #31

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