Paul taylor Posted February 6, 2016 Report Share Posted February 6, 2016 I had a similar experience many years back when I was a temp and a long time employee had me in a corner one morning threatening me. I shoved him away and this six foot tall fifty year old literally took two steps back sat down against a door and pretended to be unconscious. When found he told people I'd hit him and had knocked himself out when he fell. I was sacked on the spot but later that day had a call. Luckily the MD had heard and decided that procedures hadn't been followed. We both gave statements and due to there being no witnesses it was decided I would have a weeks suspension unpaid (no punishment for other bloke) but kept my job. I suspect I got lucky to be honest and on the upside the other bloke never even came near me again, think he learned a lesson that morning not to mess with me lol. Don't know if any of this will help apart from the fact that procedures must be followed. Either way all the best for the future U. Hope all turns out for the best whether where you are now or in your next employment. Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 6, 2016 Author Report Share Posted February 6, 2016 Thanks Paul, sounds familiar yes! U. Quote Link to comment Share on other sites More sharing options...
team tractor Posted February 6, 2016 Report Share Posted February 6, 2016 I swear it's two years you can get shut of staff. I can issue temporary contracts (3months) for up to 2 years then I have to issue a permanent contract. Quote Link to comment Share on other sites More sharing options...
Dr D Posted February 6, 2016 Report Share Posted February 6, 2016 I swear it's two years you can get shut of staff. I can issue temporary contracts (3months) for up to 2 years then I have to issue a permanent contract. This is a different issue. The two year thing is to do with redundancy entitlements. An employer can issue temporary contracts for as long as they like, but after the two years are gone the employee is considered by law to have full redundancy entitlements no different to any other. So, custom and practice determines they are equivalent to a permanent member of staff in the eyes of the law. UD is asking a different question. An unfair dismissal claim is not contract dependent. Although in this case it seems that there is a question now being raised on the subject of gross misconduct. The case needs to be compelling to have legs. And the risk of being fixed for any legal costs incurred by the employer at tribunal should UD not win is something that really requires sound counsel from a good employment solicitor. Quote Link to comment Share on other sites More sharing options...
Dr D Posted February 6, 2016 Report Share Posted February 6, 2016 Oh, and last thing UD I think some have suggested writing letters, or going back for a meeting etc. Absolutely do no do this under any circumstances unless you are a trade union member and exercise your right to be accompanied by a rep from your central branch. Or a trusted colleague if you are not in a trade union, and make sure every note is written down. If your employer seeks a meeting do like wise. Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 6, 2016 Author Report Share Posted February 6, 2016 Oh, and last thing UD I think some have suggested writing letters, or going back for a meeting etc. Absolutely do no do this under any circumstances unless you are a trade union member and exercise your right to be accompanied by a rep from your central branch. Or a trusted colleague if you are not in a trade union, and make sure every note is written down. If your employer seeks a meeting do like wise.Point taken, thank you. Quote Link to comment Share on other sites More sharing options...
dougall Posted February 6, 2016 Report Share Posted February 6, 2016 dig out your employment contract,what is your companys written grievance procedure,go see a brief having written down all the FACTS. under 12 months is against you,presume no previous issues/warnings??..... Quote Link to comment Share on other sites More sharing options...
figgy Posted February 6, 2016 Report Share Posted February 6, 2016 It's not one of your usuall posts I enjoy reading Underdog. Hope with the advice from some forum members you can get a satisfactory outcome. Quote Link to comment Share on other sites More sharing options...
colin lad Posted February 6, 2016 Report Share Posted February 6, 2016 (edited) Sorry to hear this UD hope it all gets sorted in the end,If it were me I would just move on and find a better job as they seem to not be a nice bunch of people to work with,My eldest had something similar he had a bloke stamp on his foot after he told him he had an in growing toe nail so my lad pushed him away, turned out the other lad was the bosses son,My lad now has a job he loves,Don't help you much in your situation but chin up the grass sometimes is greener on the other sideColin Edited February 6, 2016 by colin lad Quote Link to comment Share on other sites More sharing options...
johnphilip Posted February 6, 2016 Report Share Posted February 6, 2016 Goes for me too . Me also you do seem a desent fellow Underdog i do hope things get sorted for you. Quote Link to comment Share on other sites More sharing options...
Paul T Posted February 6, 2016 Report Share Posted February 6, 2016 UD, I'd strongly recommend you see an employment law specialist solicitor. I just found a local one off t'internet, but a specialist not an ambulance chaser. Like you I'd not been with them two years, but I didn't want to just roll over and accept what my employer wanted to do. My solicitor advised against tribunals and the like, but knew I had a good case anyway. I ended up with either my job back or a very good settlement - I took the latter. They even got my employer to stump up for the legal fees so it never cost me a penny! Good luck Quote Link to comment Share on other sites More sharing options...
ditchman Posted February 6, 2016 Report Share Posted February 6, 2016 if i didnt have a firearms liecence or a shotgun certificate i would do exactly the above...........the trouble is if someone even suggests you were aggressive...the force will be along to relieve you of all you weapons............very difficult situation...you dont have to be in the "right" for it all to go horribly "wrong"......... Quote Link to comment Share on other sites More sharing options...
Dougy Posted February 6, 2016 Report Share Posted February 6, 2016 I cannot agree that you are expected to roll over and take it fully extended just because you hold a FAC. No way in this world of pigs pudding. Why would it compromise your ticket for goodness sake. You cannot compare this incident to a brawl on a boozy night out. Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 6, 2016 Author Report Share Posted February 6, 2016 Thanks lads all good points. I have completed the first draft to the MD. I won't go into detail but there are so many holes in the line managers case I can make a good appeal to MD. I have to wait for the latest corospondance from the line manager first though. I will email the secutary of my intention to appeal to the MD as I only have five days to do so. Once more many thanks all. Very encouraging. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted February 6, 2016 Report Share Posted February 6, 2016 I wish you well. Quote Link to comment Share on other sites More sharing options...
STOTTO Posted February 6, 2016 Report Share Posted February 6, 2016 Sorry to hear about your issues at work, but it appears the circumstances that dug the hole that you were already in at work have fortunately allowed you to escape from it. You are your own council but my advice would be to assimilate all of the evidence that is in your favour to present to a perspective future employer in mitigation of your dismissal and no matter how ######-off you are or how justified your cause, balance what you will lose against what is to be gained from seeking the route of arbitration! Best of luck Quote Link to comment Share on other sites More sharing options...
pat g Posted February 6, 2016 Report Share Posted February 6, 2016 I'm sorry to hear this UD. The replies on here have been great and i know everyone has your best intentions at heart but my advice would be to seek advice from a dedicated employment solicitor. I admire your restraint for not getting involved in violence and ending up with a possible assault charge. That does't bare thinking about!! Losing your hobby as well.. Threats of violence and and reprisals should be put in the hands of the police though. If its any consolation mate it sounds like you're better off out of that horrible place you work. Take your services elsewhere where they'll be hopefully more appreciated. Good luck ATB, Pat Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 6, 2016 Author Report Share Posted February 6, 2016 I'm sorry to hear this UD. The replies on here have been great and i know everyone has your best intentions at heart but my advice would be to seek advice from a dedicated employment solicitor. I admire your restraint for not getting involved in violence and ending up with a possible assault charge. That does't bare thinking about!! Losing your hobby as well.. Threats of violence and and reprisals should be put in the hands of the police though. If its any consolation mate it sounds like you're better off out of that horrible place you work. Take your services elsewhere where they'll be hopefully more appreciated. Good luck ATB, Pat Thank you. Thank you all. Quote Link to comment Share on other sites More sharing options...
loriusgarrulus Posted February 6, 2016 Report Share Posted February 6, 2016 Sorry to hear this. Hope it all sorts out to your advantage. Best of Luck whatever you decide to do. Quote Link to comment Share on other sites More sharing options...
Harnser Posted February 7, 2016 Report Share Posted February 7, 2016 Don't let it get you all bent and out of shape . Your better than that . Harnser Quote Link to comment Share on other sites More sharing options...
sitsinhedges Posted February 7, 2016 Report Share Posted February 7, 2016 Think I might stop dissing your reloading procedures now I know you're prone to getting physical Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 7, 2016 Author Report Share Posted February 7, 2016 Think I might stop dissing your reloading procedures now I know you're prone to getting physical Lol, yeah watch it lol. Not at all, you diss away ☺ Quote Link to comment Share on other sites More sharing options...
saddler Posted February 7, 2016 Report Share Posted February 7, 2016 So....you turn up to work on dress down Friday, wearing a dress, & they decide to move you on? A little harsh.....wonder if it was the 5'o'clock shadow or your fiddling with yer gusset that got to them? Quote Link to comment Share on other sites More sharing options...
FOXHUNTER1 Posted February 7, 2016 Report Share Posted February 7, 2016 Sorry to hear that UD but as others have said you have no tribunal rights if you've worked for less than 2 years. I wouldn't bother with an appeal as you will not beat the management especially when threatening behaviour is involved ie Gross Misconduct. Better to move on to pastures new. Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 8, 2016 Author Report Share Posted February 8, 2016 Sorry to hear that UD but as others have said you have no tribunal rights if you've worked for less than 2 years. I wouldn't bother with an appeal as you will not beat the management especially when threatening behaviour is involved ie Gross Misconduct. Better to move on to pastures new. Lol, that's the thing see, I never threatened any one! The guy doing the threatening will be at work now! Quote Link to comment Share on other sites More sharing options...
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