aww crap, now what do i do
Discussion
Been working for a local skip hire firm, driving hgv2 for last 10 months
now, last friday i was stopped by police for carrying 2 full skips, once the policeman was told on radio that it was legal to do so, he fined me for a minor thing with no points, and let me go
turns out, this policeman and my boss have history, and my boss wanted me to argue the case in court, now i felt this unfair for many reasons, 1 i didnt really disagree with the fine 2 if lost, i could have my fine increased and possibly points, 3 i really didnt want the s
t for the sake of £60
today, im told by my boss when i tell him im paying the fine, there is now no job for me there, however if i do argue the case, i can work
i am now out of work, i dont see why i should be bullied into this.
i have no contract and nothing in paper to say why i no longer work there.
so,
what can i do? how do i go about finding a new job? and what a great start to 2010 eh
now, last friday i was stopped by police for carrying 2 full skips, once the policeman was told on radio that it was legal to do so, he fined me for a minor thing with no points, and let me go
turns out, this policeman and my boss have history, and my boss wanted me to argue the case in court, now i felt this unfair for many reasons, 1 i didnt really disagree with the fine 2 if lost, i could have my fine increased and possibly points, 3 i really didnt want the s
t for the sake of £60today, im told by my boss when i tell him im paying the fine, there is now no job for me there, however if i do argue the case, i can work
i am now out of work, i dont see why i should be bullied into this.
i have no contract and nothing in paper to say why i no longer work there.
so,
what can i do? how do i go about finding a new job? and what a great start to 2010 eh
CHIEF said:
FFS that is terrible mate. to be honest your better off out of a place if your treated like that.
Speak to ACAS and the CAB and see what they can suggest.
In which case, see the above. This is just me guessing, but surely if you;re being paid then there is an implied "minimum" contract and rights you have. You may have to fight hard and long to get anywhere though Speak to ACAS and the CAB and see what they can suggest.
Sounds like very strong grounds for unfair dismissal to me. An Employment Tribunal might be a good place to start thinking about.
By the way, even if your boss wasn't deducting PAYE and NI from your wages, that is a totally separate issue as far as "employment law" is concerned and that would be a separate problem for him to sort out with HM Revenue and Customs.
By the way, even if your boss wasn't deducting PAYE and NI from your wages, that is a totally separate issue as far as "employment law" is concerned and that would be a separate problem for him to sort out with HM Revenue and Customs.
I suspect you are looking for a new job.
You cannot force the guy to keep you on, at least not on good terms. As a presumed white male most of the discrimation law won't really be on your side, so any pay-off no matter how deserved would be small, and then any reputation for 'litigiousness' or 'tribunals' could bite you in the bum later.
Crap situation. Speak to CAB, maybe?
You cannot force the guy to keep you on, at least not on good terms. As a presumed white male most of the discrimation law won't really be on your side, so any pay-off no matter how deserved would be small, and then any reputation for 'litigiousness' or 'tribunals' could bite you in the bum later.
Crap situation. Speak to CAB, maybe?
Eric Mc said:
Rollcage said:
He has been employed for less than 12 months - if his boss wants to get rid of him, he can.
Crappy way to do, none the less.
I don't think that is true. You can be made redundant with no redundancy pay but you cannot be summarilly dismissed for doing nothing wrong.Crappy way to do, none the less.
"if you are dismissed for trying to enforce a right you have under law, you will automatically be treated as having been unfairly dismissed"
I dont know if this relates to a right under employment law, or all laws. As he clearly has a right to decide to pay or contest the fine, this may offer some hope, but would need checking further.
The other caveats are generally discrimination of some sort due to age, sex, race etc.
If the employer does not fancy keeping someone who has been employed less than 12 months, there is not a lot the employee can do about it if he has not been unlawfully discriminated against.
How do i stand on the fact though, he has refused to give me any written explanation for sacking me?
when he said i had to fight the fine, or there was no work for me, i said fine, you put in writing your reasons for letting me go, and ill go my own way
the reply was, he was putting nothing in writing and then hung the phone up on me
until i speak with job center im not even sure i can claim anything with no proof of why im out of work
doesnt it just suck for trying to earn a living and not cause a fuss
jesus i could understand if i wanted to fight it against my employers wishes, but i was accepting it and paying it
when he said i had to fight the fine, or there was no work for me, i said fine, you put in writing your reasons for letting me go, and ill go my own way
the reply was, he was putting nothing in writing and then hung the phone up on me
until i speak with job center im not even sure i can claim anything with no proof of why im out of work
doesnt it just suck for trying to earn a living and not cause a fuss
jesus i could understand if i wanted to fight it against my employers wishes, but i was accepting it and paying it
Eric Mc said:
but you cannot be summarilly dismissed for doing nothing wrong.
Sorry Eric, but in practice you can.In theory the law(s) against unfair dismissal would help, but if he is any kind of probationary period he's buggered. Even if he isn't he'll not qualify for discrimination (being the wrong sex and ethnicity) so he'll be weighing a dismal unfair dismissal settlement against a mental 'black mark' for future employers.
Sorry, OP. Do speak to the CAB, there might be something you can do/get. But you cannot force an employer to give you a good job any more than they can force you to work hard. So you are looking at compo, with little real hope.
Drop Rich Burley a PM - he is an employment law specialist, and has helped a few people out in the past.
Edited by Rollcage on Thursday 4th February 00:11
wrongful dismissal:
take him to Employment Tribunal
You had an emplyment contract, by dint that you turned up to work and he paid you for that work. The lack of a written contract, though it will have been useful, is no barrier to claim.
[url]http://www.compactlaw.co.uk/monster/empf15.html/ur]
Wrongful Dismissal should not be confused with Unfair Dismissal, Wrongful Dismissal is based on contract law. Any claim for Wrongful Dismissal will therefore mean looking at the employee's employment contract to see if the employer has broken the contract.
The most common breach is where the employee is dismissed without notice or the notice given is too short. Obviously either party can end the employment relationship if they give the necessary notice. This will either be the legal minimum or what is stated in the employee's contract.
However, the employer can justify dismissing the employee without notice (Summary Dismissal) if the employee commits a serious breach of the contract, for example theft. The employer does not have to have proof of the theft, suspicion is enough. The employer can also rely on evidence that is only found after the dismissal.
Another example of wrongful dismissal is a failure by the employer to follow a contractual disciplinary procedure.
Wrongful dismissal claims can be brought in the Employment Tribunal, county court or High Court depending on the value of the claim.
take him to Employment Tribunal
You had an emplyment contract, by dint that you turned up to work and he paid you for that work. The lack of a written contract, though it will have been useful, is no barrier to claim.
[url]http://www.compactlaw.co.uk/monster/empf15.html/ur]
Wrongful Dismissal should not be confused with Unfair Dismissal, Wrongful Dismissal is based on contract law. Any claim for Wrongful Dismissal will therefore mean looking at the employee's employment contract to see if the employer has broken the contract.
The most common breach is where the employee is dismissed without notice or the notice given is too short. Obviously either party can end the employment relationship if they give the necessary notice. This will either be the legal minimum or what is stated in the employee's contract.
However, the employer can justify dismissing the employee without notice (Summary Dismissal) if the employee commits a serious breach of the contract, for example theft. The employer does not have to have proof of the theft, suspicion is enough. The employer can also rely on evidence that is only found after the dismissal.
Another example of wrongful dismissal is a failure by the employer to follow a contractual disciplinary procedure.
Wrongful dismissal claims can be brought in the Employment Tribunal, county court or High Court depending on the value of the claim.
johnfm said:
wrongful dismissal:
take him to Employment Tribunal
You had an emplyment contract, by dint that you turned up to work and he paid you for that work. The lack of a written contract, though it will have been useful, is no barrier to claim.
http://www.compactlaw.co.uk/monster/empf15.html
Wrongful Dismissal should not be confused with Unfair Dismissal, Wrongful Dismissal is based on contract law. Any claim for Wrongful Dismissal will therefore mean looking at the employee's employment contract to see if the employer has broken the contract.
The most common breach is where the employee is dismissed without notice or the notice given is too short. Obviously either party can end the employment relationship if they give the necessary notice. This will either be the legal minimum or what is stated in the employee's contract.
However, the employer can justify dismissing the employee without notice (Summary Dismissal) if the employee commits a serious breach of the contract, for example theft. The employer does not have to have proof of the theft, suspicion is enough. The employer can also rely on evidence that is only found after the dismissal.
Another example of wrongful dismissal is a failure by the employer to follow a contractual disciplinary procedure.
Wrongful dismissal claims can be brought in the Employment Tribunal, county court or High Court depending on the value of the claim.
True enough, though it will be for a weeks wages only.take him to Employment Tribunal
You had an emplyment contract, by dint that you turned up to work and he paid you for that work. The lack of a written contract, though it will have been useful, is no barrier to claim.
http://www.compactlaw.co.uk/monster/empf15.html
Wrongful Dismissal should not be confused with Unfair Dismissal, Wrongful Dismissal is based on contract law. Any claim for Wrongful Dismissal will therefore mean looking at the employee's employment contract to see if the employer has broken the contract.
The most common breach is where the employee is dismissed without notice or the notice given is too short. Obviously either party can end the employment relationship if they give the necessary notice. This will either be the legal minimum or what is stated in the employee's contract.
However, the employer can justify dismissing the employee without notice (Summary Dismissal) if the employee commits a serious breach of the contract, for example theft. The employer does not have to have proof of the theft, suspicion is enough. The employer can also rely on evidence that is only found after the dismissal.
Another example of wrongful dismissal is a failure by the employer to follow a contractual disciplinary procedure.
Wrongful dismissal claims can be brought in the Employment Tribunal, county court or High Court depending on the value of the claim.
T-Pot, did you get any pay in lieu of notice?I'm assuming not.
I think the most you can hope for here is a weeks pay in lieu of notice, which given the circumstances sucks.
I'm a firm believer in Karma - his time will come!
I AM BNOT AN EMPLOYMENT SOLICITOR SO PLEASE DOUBLE CHECK THIS...
But i am fairly sure that your employer has to have provided you with a written contract of employment within a reasonable period of the start of your employment. As I understand it failure to do so is grounds to bounce them into a tribunal, 12 months service or not.
Please check this out, our employment bod is out of the ofice today so i can't speake to them but I'm sure Rich B will know the answer.
But i am fairly sure that your employer has to have provided you with a written contract of employment within a reasonable period of the start of your employment. As I understand it failure to do so is grounds to bounce them into a tribunal, 12 months service or not.
Please check this out, our employment bod is out of the ofice today so i can't speake to them but I'm sure Rich B will know the answer.
Surely there is some sort of perjury/corruption of justice or similar going on here!
Why not tell the Police that you are been bribed by your Boss to contest the fine that you do not wish to contest if not you will lose your job.
Its not going to help keep your job, but at least you will have one on him.
Suggest you have some evidence to back up your predicament. See linky
http://www.timesonline.co.uk/tol/money/consumer_af...
Why not tell the Police that you are been bribed by your Boss to contest the fine that you do not wish to contest if not you will lose your job.
Its not going to help keep your job, but at least you will have one on him.
Suggest you have some evidence to back up your predicament. See linky
http://www.timesonline.co.uk/tol/money/consumer_af...
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