Underdog Posted February 5, 2016 Report Share Posted February 5, 2016 Lads, I have been sacked! Unfairly. If a person has worked for less than one year somewhere and clear bias has been used against then what are their rights? Thanks. U. Quote Link to comment Share on other sites More sharing options...
Lord Geordie Posted February 5, 2016 Report Share Posted February 5, 2016 (edited) Unfortunately there most likely will not be a whole lot you can do! Our place sign you up on a temp basis and if you don't fit in they are within their rights to let you go apparently Unless they use some clause along the lines of calling you a theif without proof, or some such defamatory natured ruse, then I think they are within their rights to just cut you free at any time. Edited February 5, 2016 by Lord Geordie Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted February 5, 2016 Report Share Posted February 5, 2016 Need more details from you! Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted February 5, 2016 Report Share Posted February 5, 2016 Sorry to hear that UD. It might be worth taking a look at the CAB website they have a checklist you can go through to see if you qualify. Quote Link to comment Share on other sites More sharing options...
timmyra608 Posted February 5, 2016 Report Share Posted February 5, 2016 I am pretty sure the laws have changed now so a company can now sack somebody who has worked for them for a year or less without having to give a valid reason. Quote Link to comment Share on other sites More sharing options...
ordnance Posted February 5, 2016 Report Share Posted February 5, 2016 It depends on what you were dismissed for example. Dismissals which take place for a discriminatory reason will be actionable irrespective of length of service. Quote Link to comment Share on other sites More sharing options...
islandgun Posted February 5, 2016 Report Share Posted February 5, 2016 thats a ******** citizens advice would know ! Quote Link to comment Share on other sites More sharing options...
timmytree Posted February 5, 2016 Report Share Posted February 5, 2016 Forget CAB, they are well intentioned but difficult to pin down to anything concrete. Go straight to ACAS, their advice got me a good result and ultimately a reasonable payout as well. Quote Link to comment Share on other sites More sharing options...
timmyra608 Posted February 5, 2016 Report Share Posted February 5, 2016 https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed Quote Link to comment Share on other sites More sharing options...
bullet1747 Posted February 5, 2016 Report Share Posted February 5, 2016 Been there two weeks before i went to florida just had to pull my self together and find another job , which I did , now work for the worlds biggest power rental company chin up Quote Link to comment Share on other sites More sharing options...
oldypigeonpopper Posted February 5, 2016 Report Share Posted February 5, 2016 hello, sorry to hear that, like tightchoke mentioned more info might help, what do you mean by clear bias? there are guidelines on unfair dismissal for less than 12 months service Quote Link to comment Share on other sites More sharing options...
kyska Posted February 5, 2016 Report Share Posted February 5, 2016 UD, it can't be constructive dismissal if you've been sacked. If you want, by pm I maybe able to give some advice, although not HR qualified I did employment law in other studies. Quote Link to comment Share on other sites More sharing options...
FalconFN Posted February 5, 2016 Report Share Posted February 5, 2016 I have no advice to give but I'm sorry to hear that UD. Quote Link to comment Share on other sites More sharing options...
old'un Posted February 5, 2016 Report Share Posted February 5, 2016 Forget CAB, they are well intentioned but difficult to pin down to anything concrete. Go straight to ACAS, their advice got me a good result and ultimately a reasonable payout as well. ACAS Quote Link to comment Share on other sites More sharing options...
malkiserow Posted February 5, 2016 Report Share Posted February 5, 2016 Thunderbird on here is hot on this employment stuff but what did they actually put in writing to you? Quote Link to comment Share on other sites More sharing options...
Zapp Posted February 5, 2016 Report Share Posted February 5, 2016 https://www.gov.uk/dismissal/overview Quote Link to comment Share on other sites More sharing options...
fenboy Posted February 5, 2016 Report Share Posted February 5, 2016 I have no advice to give but I'm sorry to hear that UD. Goes for me too . Quote Link to comment Share on other sites More sharing options...
panoma1 Posted February 5, 2016 Report Share Posted February 5, 2016 If you've been dismissed by your employer it cannot be 'constructive' dismissal! It may be unfair dismissal? but to the best of my knowledge you have few if any employment rights If you've been employed for less than a year! You should maybe get specialist advice as to any options you may have? And as others have said it may all depend on what you have been dismissed for! Quote Link to comment Share on other sites More sharing options...
Smokersmith Posted February 5, 2016 Report Share Posted February 5, 2016 Rubbish news .... With less than a year, there's little recourse for action on your part ..... I'd take that energy you're feeling and use it to go out and find a better job .... These things can often work in your favour with a positive attitude. Quote Link to comment Share on other sites More sharing options...
malkiserow Posted February 5, 2016 Report Share Posted February 5, 2016 The bright side UD is more time for shooting Quote Link to comment Share on other sites More sharing options...
panoma1 Posted February 5, 2016 Report Share Posted February 5, 2016 If you've been dismissed by your employer it cannot be 'constructive' dismissal! It may be unfair dismissal? but to the best of my knowledge you have few if any employment rights If you've been employed for less than a year! You should maybe get specialist advice as to any options you may have? And as others have said it may all depend on what you have been dismissed for! Make that two years! Quote Link to comment Share on other sites More sharing options...
foosa Posted February 5, 2016 Report Share Posted February 5, 2016 Sorry to hear that U, never a nice place to be, being unfairly done over! Unfortunately I can't help but sounds like some good advice posted already. Keep calm and sort them out. Quote Link to comment Share on other sites More sharing options...
Dr D Posted February 5, 2016 Report Share Posted February 5, 2016 OK, so here's the score UD. First, your claim is unfair, not constructive dismissal. This a procedural claim. I.e. the process by which you where removed was deliberately designed to do so and targeted. Second. You said there was a clear bias. The question here is on what basis. Do you simply think it is last in first out? Or was it something else, I.e. your age etc.... If it was the latter then the case is discrimination. The time you were in the job is largely irrelevant to your employment rights? However the clock is ticking to take action and so you should seek legal advice. Not on here! Hope that helps. Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 5, 2016 Author Report Share Posted February 5, 2016 Thanks lads. A colleague threatened me and I pushed him off me. He made contact first. He latter threatened my home and family. My manager has an agenda against me so concentrated all disciplinary procedures on me and took no action whatsoever to the other colleague. Ignored witness's and took no statements other than a select few. This is a new manager and the whole work place has issues with him. I am an opportunity for muscle flexing. Finding job elsewhere is not a problem however, all this has been stressful and some compensation may be handy between jobs. Thanks lads. Quote Link to comment Share on other sites More sharing options...
Mungler Posted February 5, 2016 Report Share Posted February 5, 2016 (edited) Lads, I have been sacked! Unfairly. If a person has worked for less than one year somewhere and clear bias has been used against then what are their rights? Thanks. U. None unless there is an 'ism' involved or whistleblowing or you're up the stick 'isms' include Racism, sexism, ageism etc There might be some contractual notice due to you but with gross misconduct (fighting / theft etc) no notice is required (I.e. It's a summary dismissal situation) and it sounds like they've followed an investigatory procedure of sorts. . Edited February 5, 2016 by Mungler Quote Link to comment Share on other sites More sharing options...
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