Urban75 Home About Offline BrixtonBuzz Contact

Legal action against an employer - do I have a case?

IIRC Employment Tribunals don't have jurisdiction on cases relating to employment of less than a year EXCEPT in cases of racial or sexual discrimination.
 
I know other people have had more sick time.


Even if you had employment rights that argument doesn't hold water. For example if I was caught breaching the Electronic Communication at Work policy by abusing the internet it wouldn't be a ligitimiate defence if I said other people were also abusing the internet-unless I was able to prove my employer was aware they were doing so and did nothing about it.
 
Can I be the token person to say "if you were a member of a union, you'd have free access to an employment law help service"?
 
So you only want to help this woman if there's something in it for you?

Nice...

This woman is fine, don't worry about that. She's on the take, her Dad is a no win no fee US lawyer. Her claim is valid, but there was no failure by the company. It's an image usage rights thing in US law.

Anyway, I was drunk, angry and scheming. Gimme a break.
 
Well for the record they have probably broken employment law by sacking you without following any procedure what's so ever.

Unless you were temping. Or on probation but even then it's kind of polite to give a bit of notice. Seek union advice if there's one in the industry you work.
 
Any compensation you get is based on a) loss of earnings and b) legnth of sevice.

As you are walking straight into another job and you do not have much service i dont think it is worth the effort.
 
Even if you had employment rights that argument doesn't hold water. For example if I was caught breaching the Electronic Communication at Work policy by abusing the internet it wouldn't be a ligitimiate defence if I said other people were also abusing the internet-unless I was able to prove my employer was aware they were doing so and did nothing about it.
He can prove that his employers know that other people have had more sick time and are not sacking them on those grounds.
 
Any compensation you get is based on a) loss of earnings and b) legnth of sevice.

As you are walking straight into another job and you do not have much service i dont think it is worth the effort.

With quite a hefty paycut though. 25% I think he mentioned on the other thread. Dunno if that makes a difference.
 
He can prove that his employers know that other people have had more sick time and are not sacking them on those grounds.
I think the problem is that with less than a years service it doesn't make much difference. If he were being discriminated against on the basis of race or gender, then it'd be different. But apart from that, with less than a year in the job, a employer can sack someone for any reason, or for no reason at all. Makes no difference whether others aren't being sacked for the same alleged reason. At least that's my understanding.
 
Moonpig be right. The only claim you might have had luck with here is constructive dismissal.. that your job/manager/stress contributed to your sick time. The rest is is just contract law where you don't have enough time in the post to claim. If you are a senior employee most firms will assess you on a minimum of 9 months. If you are off for a 3rd of a month of this in probation(your own estimate) they are in all probability entitled to view you as unreliable according to terms..Understand that this is not my personal view,but a refection of hiring/firing law
 
Back
Top Bottom