Friend sacked, potentially unfair dismissal?

[Sheets Tabuer]

If he's been there less than a year they can sack him for burping the national anthem.

ticket or not.

[SplatSpeed]

Tsippy said:

He is unsure whether others have received training, I asked him about the details of his contract ie whether it states he'd need to drive a forklift but he has never signed one (He has been there just under a year).

I was under the impression that after 3 months a contract was required?

which part of dodgy company do you not understand!

[SplatSpeed]

Sheets Tabuer said:

If he's been there less than a year they can sack him for burping the national anthem.

ticket or not.

correct however not having H&S involved is worth keeping him for!

[Tsippy]

Did employment law change? I remembered that at one time you had to have a contract after 3 months detailing working hours, wages etc?

[mad4amanda]

Tsippy said:

Did employment law change? I remembered that at one time you had to have a contract after 3 months detailing working hours, wages etc?

It can be viewed that "custom and practice" means his contract was implied ie he turned up and accepted payment however this is another grievance to add to the more serious breaches detailed.

[chris390]

http://www.hse.gov.uk/workplacetransport/faq.htm#l...

[helmutlaang]

it is the COMPANYS responibility to ensure that their staff are trained for the plant they are being asked to operate,regardless of how long the staff have been employed for.

The employee may have felt it was ok to drive the FLT without a licence if told to do so by a senior operator/manager.

[Tsippy]

Thanks for all the advice, I'll pass it all onto him and he'll be seeing CAB tomorrow morning

[defblade]

mad4amanda said:

It can be viewed that "custom and practice" means his contract was implied ie he turned up and accepted payment however this is another grievance to add to the more serious breaches detailed.

http://www.emplaw.co.uk/lawguide?startpage=data/040.htm

I've read somehwere (very recently.... my job's not going well....) that not supplying the minimum isn't worthy of a case in itself, but will pretty much automatically gather a fine of 2-4 weeks salary if discovered in the course of another case.

[GeraldSmith]

defblade said:

mad4amanda said:

It can be viewed that "custom and practice" means his contract was implied ie he turned up and accepted payment however this is another grievance to add to the more serious breaches detailed.

http://www.emplaw.co.uk/lawguide?startpage=data/040.htm

I've read somehwere (very recently.... my job's not going well....) that not supplying the minimum isn't worthy of a case in itself, but will pretty much automatically gather a fine of 2-4 weeks salary if discovered in the course of another case.

An employment contract doesn't have to be written but you should get a written statement of the main terms within two months of starting although usually this will be part of the offer letter. (Hours of work, pay etc.)

An employee with less than twelve months service is unprotected and can be dismissed although still has a right not to be discriminated against etc. I would guess that the company stance may well be that he shouldn't have been driving it and did so without permission.