Took a video of my boss saking me - posted it online - now they want to sue me!

On the rogue traders point they are covered under the "in the publics interest" clauses that give the journalists so much freedom.

Your main issue will be whether or not you can publish a video without the participants permission where no public interest is being served.

If there is also an official complaints escalation process and you have not used it you may also leave your self open for action.

You have also named her individually - so again I would imagine she can take action against you but not the company.

I have not listened to the video yet but the above may be food for thought.
 
Respect to you for remaining calm and professional through out that recording, i would have taken that so offensively her laughing. What a bitch she fires you then laughs at you :eek::mad:. I wish you luck in pursuing this unfair dismissal claim.
 
Employment tribunal will hear your case, but you'll have to pay for a lawyer unless you know a friend that will help you. Or, if you're knowledgable enough, represent yourself.
 
They are unlikely to sue you for libel. It's very expensive. And, if what you say is true, truth is a fine defence.
 
Vegetarian said:
I think they are suffering with credit crunch... why sack 4 people at same time and only keep on part time staff.

They problem with this company is that its family owned... they dont have a natural social way about them - everything is done in a nasty way... they didnt want to pay redunancy money so they sacked us.
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Maybe they want to get rid of you all before you have all done your first year as it then becomes harder ,then start again .

If it was for financial reasons they could have been honest about it. (you would not get redundancy for less than a year anyway)
 
Tbh she may be a *****, and it maybe a rubish company. But if you've been there less than an year she really doesn't need much of a reason to fire you. All she needs to say is you're not performing as expected and you're out. You don't stand a chance of winning a case of unfair dismissals. Take the video down, find another job and move on. It’s just not worth the bother.
 
Take legal advice.

I would also stop any form of commentary on this - it provides them with ammunition if used correctly. As they have progressed legal proceedings - all your communication should go through a lawyer.
Annoying but you will have to bite your tongue and let the Lawyer be your voice.
 
Just been reading youtube comment page - seems like libel is least of their problems - nuking and punching seems popular emoung posters :o Could she be the most hated woman in the UK? haha
 
"meh" would be my response to them. Let them try it.

There's no such thing as "rights after a year" - you are employed, or not employed. No "grey area" in between - they must comply with law at any and every stage of employment.

Ignore them, get another job, laugh at your old bosses.
 
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Mate my wife's a lawyer and has represented people re unfair dismissal and if I'm correct then you should have been given at least two warning letters and advance notice of the meeting. Wife's not here at the mo so I can't confirm.

Good luck though - the manager was a complete novice.
 
There is no claim for unfair dismissal until you have been continuously employed as an employee for at least one year. The company doesn't even have to give a reason. It just has to give the statutory/contractual period of notice.

As such, if it hasn't been a year yet, there is no point suing them at all. You will 1. lose, and 2. be potentially liable for their costs in defending the claim. Normally, there is no assessment of costs in employment tribunals, but the losing party can be made liable in certain circumstances, one of which is when "the bringing or conducting of proceedings was misconceived".

The only dismissal claim available before the 1-year mark is based on discrimination. Constructive dismissal relates to unfair dismissal, and as such, also requires one year's continuous employment.
 
Disable/Remove comments on the video, make a hard copy, go and see the CAB.

Don't rely on legal advice from a on-legal specific forum. Just go and see people who know for a fact.

You would be wise to disclose that you publically published the video :P
 
jhmaeng said:
The only dismissal claim available before the 1-year mark is based on discrimination. Constructive dismissal relates to unfair dismissal, and as such, also requires one year's continuous employment.
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This is not true
wrongful dismissal can apply at any time and can also be constructive dismissal. I'm not saying this case is either, there would need to be evidence rather than just the OP's word, but given the right circumstances those are both possible
 
Abraham said:
This is not true
wrongful dismissal can apply at any time and can also be constructive dismissal. I'm not saying this case is either, there would need to be evidence rather than just the OP's word, but given the right circumstances those are both possible
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Unfair dismissal is NOT the same as wrongful dismissal.

Wrongful dismissal is when the contractual or statutory notice period is not given. The only remedy for wrongful dismissal is simply the payment for the notice period, which would only be a week's worth of pay. Not an earth-shattering amount.
 
jhmaeng said:
Unfair dismissal is NOT the same as wrongful dismissal.

Wrongful dismissal is when the contractual or statutory notice period is not given. The only remedy for wrongful dismissal is simply the payment for the notice period, which would only be a week's worth of pay. Not an earth-shattering amount.
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who said they were the same?
and that is not the definition of wrongful dismissal.
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.
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there seems to have been no disciplinary procedure followed, but as i said before he needs to check what disciplinary procedure his contract states, no statutory rights come into play because he hasnt been there 1 year, however his contract takes affect from day 1

also

Employees
On top of the amount for the correct notice and any unpaid wages. An employee can also receive damages for the loss of the following:

1. Perks - for example company car and private healthcare.

2. Holiday pay.

3. Commission, bonus payments and shares under their contract.

4. Loss to pension.

The court will assess the money value on these losses for the correct notice period.

The employee can also claim interest on the whole amount from when they were dismissed until the actual court or tribunal hearing.
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Seeing as part of the disagreement relates to unpaid commission, I would think this was a fundamental thing to pursue, no he's not going to get thousands of pounds of damages, but he will get the money due to him
 
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