HR employment help

[Thunderbird]

Faced a similar event a couple of years ago-my employer was guilty of a breach of contract but my Solicitor advised me that ,unless I quit work (because of the stress caused) then he could not sue for any damages/loss of earnings.The document the OP needs is the disciplinary procedure "toolkit for managers" or their equivalent-it should be available one way or another.My case was with a Council who employed me and the manager concerned was lucky not to have been sacked.

 

The thing is to prove CD you have to show that the employer breached the contract to a material degree and that you pretty much had no option but to resign. There is also a duty on the employee to mitigate their own loss so languishing on the sick or the dole will not always ingratiate them to the tribunal.

 

However we don't know the "facts" of this case so comment is mere speculation. These threads usually polarise opinion; on the one hand you have what might be called the 'compo' brigade, the other side people who have been on the other end of it, as an employer. I find that very often - especially in smaller businesses - it's usually the employees who give the least amount of actual value cause the most amount of trouble for their employers.

 

Your example is an interesting one though, and rather serves to illustrate my earlier point that employers often stand or fall by the actions of their employees, in your case, your manager.

[Mungler]

The thing is to prove CD you have to show that the employer breached the contract to a material degree and that you pretty much had no option but to resign. There is also a duty on the employee to mitigate their own loss so languishing on the sick or the dole will not always ingratiate them to the tribunal.

 

However we don't know the "facts" of this case so comment is mere speculation. These threads usually polarise opinion; on the one hand you have what might be called the 'compo' brigade, the other side people who have been on the other end of it, as an employer. I find that very often - especially in smaller businesses - it's usually the employees who give the least amount of actual value cause the most amount of trouble for their employers.

 

Your example is an interesting one though, and rather serves to illustrate my earlier point that employers often stand or fall by the actions of their employees, in your case, your manager.

[spanj]

Go off on the sick with stress,that will buy you some time.

 

Brilliant advice As said elsewhere this will be viewed dimly come renewal time...........

Edited January 22, 2013 by spanj

[deershooter]

Decided to resign as its a very difficult situation I was employed and paid by company 1

 

but all my work was for company 2

 

both companies owned by the same person but run separately

 

all disciplinary correspondence has been in the name of company 2 ( I was a director and employee of company 2 until 3 years ago when the owner transferred my employment to company 1 but I was still a director of company 2

 

never received a contract or a copy of any disciplinary procedures ,no disciplinary procedures any where in the workplace

 

I raised two greavence issues to the owner before any disciplinary issues and they have gone on the offensive

 

what a can of worms

 

Deershooter

[Davyo]

You should of received a invite via letter to attend & the letter should of advised you that you can have a union rep or colleage attend with you.As far as the tape is concerned you should of been advised it was being used.

[Mungler]

Go and see a brief and a good employment specialist.

 

Look up constructive dismissal, whistle blowing and failure to provide written particulars of employment.

 

Check your insurance policies to see if you have legal cover that extends to employment related disputes.

 

Don't listen to anything of here. See a brief.

[Asa Bear]

Go and see a brief and a good employment specialist.

 

Look up constructive dismissal, whistle blowing and failure to provide written particulars of employment.

 

Check your insurance policies to see if you have legal cover that extends to employment related disputes.

 

Don't listen to anything of here. See a brief.

 

 

What about piling in with fists & feet flailing wildly?

[Boromir]

What about piling in with fists & feet flailing wildly?

 

I agree the time for talking is over.

[Tug]

 

 

 

What about piling in with fists & feet flailing wildly?

 

If you've got a set of keys, get 'em in your hand and make 'em count.

 

[AVB]

 

 

 

What about piling in with fists & feet flailing wildly?

 

Mungler's going soft. Used to be all "what would Chuck Norris have done". Now it's all "see a brief". I prefer the old Mungler

[Mungler]

 

Well funny. I never knew anyone was paying attention.

 

I remember starting providing that kind of guidance in response to the number of 'askholes' on here who would pop up, ask for advice, get proper advice in reply and then:

 

1. Neither acknowledge nor say thank you; and,

2. Then go and do something completely different

 

 

[williamr]

As the other guys have said,you should have been notified of the FACT FINDING MEETING,the purpose of the meeting and given the oppertunity to have a witness or union representative,also the time and place should also be acceptable to you,

with any meeting a note taker is usually the managers witness and note taker,if its written notes you should / required to read every page and counter sign them,if the last page of notes finishes part way down a page,the remaining blank area should be scribbled through, so nothing can be added afterwards,I dont think recorded conversations are within the employment law,due to technical and ethical use of the recordings being edited and tampered with,look at how the police collect there evidence ,dual tapes,time date ect and each recording signed?,

once the evidence / fact finding meeting as been held,dependant on the out come you should be notified that a formal disciplinary meeting as been arranged,you are normally given the chance to accept or decline and give a valid reason and a alternative date,

Going off with stress just prolongs the issue,also your employer can hold the discaplinary meeting in your absence if you keep dodging the meetings,

look at your yellow pages for employment solicitors who specialise in employment law,most do a surgery which cost nothing,seek proffessional advice.

[williamr]

garygreengrass's suggestion is a good idea and very easy-tell your doc that you cannot sleep etc and a note is a good bonus-threaten legal action as soon as your company screws up-but you would need to quit your job for the biggest payout.

Ita very difficult to prove that its a work related stress,and be careful your Doctor does not say its depression as you could loose your certificates due to depression/mental health.

[Thunderbird]

Go and see a brief and a good employment specialist.

 

Look up constructive dismissal, whistle blowing and failure to provide written particulars of employment.

 

Check your insurance policies to see if you have legal cover that extends to employment related disputes.

 

Don't listen to anything of here. See a brief.

 

 

I remember starting providing that kind of guidance in response to the number of 'askholes' on here who would pop up, ask for advice, get proper advice in reply and then:

 

1. Neither acknowledge nor say thank you; and,

2. Then go and do something completely different

 

Indeed. Who ever let facts get in the way of a good armchair opinion.

[mel b3]

Go and see a brief and a good employment specialist.

 

Look up constructive dismissal, whistle blowing and failure to provide written particulars of employment.

 

Check your insurance policies to see if you have legal cover that extends to employment related disputes.

 

Don't listen to anything of here. See a brief.

 

how very dare you poo poo our legal advice mungler ! , ill have you know that ive been driving a bin lorry for ten years now and that quite obviously make me far more qualified than you to offer a legal opinion on these matters ! .

[spanj]

I agree the time for talking is over.

 

Yeah, what would Charly B do ?