One for the Legal bods - scummy company
Discussion
Companies cannot legally give bad references any more. She may be entitled to a bit of compensation. You won't know how much most of that is until you know how long she is between jobs.
You/she needs to do the following things:
1) Sign on. Not for the JSA but all the other stuff like housing helps when you don't have an income. She's paid in so should feel no guilt taking something back out of the pot.
2) Get a new job. ASAP
3) Once new job is started and secure, then worry about the legal aspects of this. Nobody in their right mind would go back, so getting something new going has to be the priority. Any payout will not be huge - she really really needs a new job.
You/she needs to do the following things:
1) Sign on. Not for the JSA but all the other stuff like housing helps when you don't have an income. She's paid in so should feel no guilt taking something back out of the pot.
2) Get a new job. ASAP
3) Once new job is started and secure, then worry about the legal aspects of this. Nobody in their right mind would go back, so getting something new going has to be the priority. Any payout will not be huge - she really really needs a new job.
What sort of justice do you want? Some sort of reprimand for the company that will come from another body and change the decision making process? That's not going to happen. Some monetary award to you? As I've already written, that's not going to be big enough to be really worth the effort. You should for the time being lodge an appeal if you so wish then quickly move on to the job search. Your only real hope of getting anything like significant monies is by making a discrimination claim stick and by all accounts from what you describe and the success rate of those cases that seems highly unlikely.
swerni said:
edc said:
What sort of justice do you want? Some sort of reprimand for the company that will come from another body and change the decision making process? That's not going to happen. Some monetary award to you? As I've already written, that's not going to be big enough to be really worth the effort. You should for the time being lodge an appeal if you so wish then quickly move on to the job search. Your only real hope of getting anything like significant monies is by making a discrimination claim stick and by all accounts from what you describe and the success rate of those cases that seems highly unlikely.
i'd go back and look for a compromise.Good reference and payment for any holiday owed, outstanding commission and notice period to leave quietly.
They would be mad to say no
As an employee you need to understand that a compromise agreement curtails your rights to make claims. Take this document to your legal representative and with only contractual payments covered they would likely advise you that you are mad to sign away your rights for nothing in return. The compromise agreement is a binding document and it cannot fabricate the reason for leaving.
I think she "could" bring a claim against the company for unfair dismissal on the basis that she was dismissed before she could take action to enforce a statutory right.
"There are certain types of dismissals that are automatically unfair. This means that the employee does not have to have worked for 2 years in order to make a claim."
"The statutory right being that your employer should protect you from being bullied at work."
"There are certain types of dismissals that are automatically unfair. This means that the employee does not have to have worked for 2 years in order to make a claim."
"The statutory right being that your employer should protect you from being bullied at work."
KFC said:
User33678888 said:
Companies cannot legally give bad references any more.
Drivel like this is a great example of why you shouldn't take legal advice for free from an unrelated car forum.A lot of solicitors will give you a free consultation; I suggest you go take one of them up on it.
Two of you have said pretty much what you have so I'm probably wrong. The rest of my post - re getting a new job asap still applies, ta.
OP it would seem that on balance the very best thing your wife could do is go to work for a direct competitor and make it her aim in life to capture ever single 10p to £10bn account the old company has.
There may be grounds for a claim, there may not be, but the last thing I think either of you need is to have this continue to hang around your necks.
There are a few people in this life that I have a special dislike for. It has given me great pleasure over the years to have found on the odd occasion that it is within my power, or sphere of influence, to, completely within professional and legal boundaries, ensure that they have a really f
king bad day from time to time. It's nothing so dark as something I look for, more that cards have been marked and when opportunity knocks I'm not the sort to walk away.
There may be grounds for a claim, there may not be, but the last thing I think either of you need is to have this continue to hang around your necks.
There are a few people in this life that I have a special dislike for. It has given me great pleasure over the years to have found on the odd occasion that it is within my power, or sphere of influence, to, completely within professional and legal boundaries, ensure that they have a really f
king bad day from time to time. It's nothing so dark as something I look for, more that cards have been marked and when opportunity knocks I'm not the sort to walk away.Doodlebug87 said:
We already have written statements from employee's provided by the company - there are at least a few which describe the guy as flying off the rail at my wife unprovoked and scaring everybody, resulting in my wife breaking down outside the meeting room. Being that she has been there less than two years, options are a little more limited by all accounts but there must be a way to get some justice, and if there is I will find it
My brain isn't working properly tonight and I can't think of the phrase I'm looking for (help?). Anyway isn't it considered assault or something similar if you are left I fear and ........ by someone else's actions. Report to Police if so and get him arrested??.?elanfan said:
My brain isn't working properly tonight and I can't think of the phrase I'm looking for (help?). Anyway isn't it considered assault or something similar if you are left I fear and ........ by someone else's actions. Report to Police if so and get him arrested??.?
Sales meeting gets a bit shouty..... weeks later the 'victim' goes to police and has someone dragged off to the police station.Take a wild guess at what this does for the employability of the person who got the police involved?
elanfan said:
My brain isn't working properly tonight and I can't think of the phrase I'm looking for (help?). Anyway isn't it considered assault or something similar if you are left I fear and ........ by someone else's actions. Report to Police if so and get him arrested??.?
Honestly, get real. If every person was reported for shouting at somebody then we would all be in prison. Every other parent would be on Childline and social services watch list and every pub would have customers arrested every night. edc said:
elanfan said:
My brain isn't working properly tonight and I can't think of the phrase I'm looking for (help?). Anyway isn't it considered assault or something similar if you are left I fear and ........ by someone else's actions. Report to Police if so and get him arrested??.?
Honestly, get real. If every person was reported for shouting at somebody then we would all be in prison. Every other parent would be on Childline and social services watch list and every pub would have customers arrested every night. User33678888 said:
Just passing on what I'd been told by an HR bod a few years ago.
Two of you have said pretty much what you have so I'm probably wrong. The rest of my post - re getting a new job asap still applies, ta.
My advice is to ignore the HR bod who gave you this advice when it comes to HR advice. If you're good friends with them, you might want to gently suggest a change of career for them.Two of you have said pretty much what you have so I'm probably wrong. The rest of my post - re getting a new job asap still applies, ta.
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