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Constructive dismissal!


Underdog
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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 :no:

 

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 by Lord Geordie
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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!

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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!

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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.

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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.

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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 by Mungler
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