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

Okay, I was a little sloppy with my explanations - it made sense to me but I guess I should have been clearer / used fuller definitions.

Vegetarian said:
Finally we got commision payed to us... 6 weeks later we both got the sack! (4 of us got sacked on the same day).
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So, he did get the disputed amount. The issue here is the dismissal.

Granted, yes I omitted the failure to follow disciplinary procedures. But as with notice period, it doesn't give rise to particularly exciting amounts of compensation either.
 
Shes not getting any by the looks of it. :p

I went to see Citizens advice few years ago now about unfair dismissal, they said there was nothing i could do as id been there less than a year, they said if i had been there for more than a year however, id have had a good case.
 
Pez said:
Were you given notice of the meeting?
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I was working and told to see the boss soon as I finnished with a costumer. First she thanked me for selling a very expensive instrument ( I dont work in instrument deparment - book and CD department) and gave me £100 for selling that instrument.... then she sacked me!
 
DampCat said:
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
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As I have not worked there a year theres not a lot I can do... I will just send her a link of youtube once I get enough comments :)
 
Dj_Jestar said:
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.
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erm there is a grey areas in between though - often your probation period - normally 6 months - also just the statutory 1 year thing....
 
Well I got my last pay cheque from them - its about £130 less than it should be and they also owe me unused holiday pay! Also commission lol - we had an order worth £11,000 just before I was sacked...
 
aardvark said:
if you haven't worked for over a year then you have no employment rights and they can sack you whenever they want - as long as it doesn't break the law (i.e. discrimination based on colour etc..).
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Yup :)

Some of my family own and run a solicitors and they always say within the first year you can get rid of anyone pretty much however you like as long as it doesn't break the law as mentioned above.

Dj_Jestar said:
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.
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I really don't think this is true, within the first year of employment an employer can let go a staff member for whatever they want as long as it isn't illegal. Will see if I can get my uncle to give me some kind of statement about it :)

Got this off one site on UK employment law

Subject to some exceptions, such as a termination for discriminatory or health and safety reasons, an employee's contract of employment may be terminated for any reason within the first year, but thereafter termination without good reason and without following at least the statutory minimum disciplinary procedures may result in a claim by the employee for unfair dismissal.
 
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Ev0 said:
Yup :)

Some of my family own and run a solicitors and they always say within the first year you can get rid of anyone pretty much however you like as long as it doesn't break the law as mentioned above.
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that is what i have always been led to believe

question though..

if say someone had been somewhere less than 1 year but had signed a contract and elements of that contract stated the disciplinary procedure as for eg. 2 verbals, then a written, then fired then if they fired you without following this procedure can you still take them to a tribuneral ?
 
JBuk said:
that is what i have always been led to believe

question though..

if say someone had been somewhere less than 1 year but had signed a contract and elements of that contract stated the disciplinary procedure as for eg. 2 verbals, then a written, then fired then if they fired you without following this procedure can you still take them to a tribuneral ?
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I'm not sure, I'll ask someone tomorrow as on the one hand it's in an agreed contract.....
 
seek said:
Less than one year = no rights unless discriminated against.

Sadly, it's the law, and simply 'tough luck'. You don't have a legal leg to stand on.
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Its a shame really there are no rights for the worker! This is a sign of a poor Govenment... they should goven all areas of life and make sure everything is fair. We have a weak govenment so this is reason why the country has problems.

Anyway please keep commenting on youtube - some good comments there - will send it to boss soon :)
 
JBuk said:
that is what i have always been led to believe

question though..

if say someone had been somewhere less than 1 year but had signed a contract and elements of that contract stated the disciplinary procedure as for eg. 2 verbals, then a written, then fired then if they fired you without following this procedure can you still take them to a tribuneral ?
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as mentioned earlier in the thread, not following the stated disciplinary procedure or indeed not paying monies that are owed falls as wrongful dismissal, which this seems to be a fairly clear cut case of, however it is more than likely that the most he could hope to get in compensation is his notice period (if he hasnt been paid for it already) and any owed money, like holiday money and commission
 
seek said:
Less than one year = no rights unless discriminated against.

Sadly, it's the law, and simply 'tough luck'. You don't have a legal leg to stand on.
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that's just not true
you dont have statutory rights, you do however have the right to both be bound and to hold the company to the terms within the contract, which will lay out a disciplinary procedure. Yes you can get rid of someone for next to no reason, but you do need to follow the stated procedure to do it, otherwise it's wrongful dismissal
 
Yes, but surely the essence of what me and seek are saying is that if he has been paid his commission, and has been paid for his notice period, then there isn't really anything else that can be sued out of the company... Unless the company is stupid, they would have paid his notice period. So, unfair dismissal is the only avenue of action left, and since he hasn't been employed for more than a year, there is nothing else he could do.
 
I think that your ex-employer's objection to the posting of the "Being sacked by Mrs Loat" video may be due to your having also posted such videos as "Chicken", "Table Talk" and "Toshiba Laptop".

Libel by association?
 
jhmaeng said:
Yes, but surely the essence of what me and seek are saying is that if he has been paid his commission, and has been paid for his notice period, then there isn't really anything else that can be sued out of the company... Unless the company is stupid, they would have paid his notice period. So, unfair dismissal is the only avenue of action left, and since he hasn't been employed for more than a year, there is nothing else he could do.
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he said he was paid some commission but was still owed some
 
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