Unfair dismissal ? (not me)

Soldato
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Hey guy's today has been a sad day for me as a good friend of mine has been fired from the company. However myself him and every other staff member, baring the supervisor and general manager feel that this was entirely unjustified.

So what went on? Just over a year ago Stu's father had a stroke down to his age, It was a severe stoke that caused him to lose most functions and Independence. And needed around the clock care.

When this went on the previous production manager and current supervisor. The same one as above^^ Both said to him " Stuart, It's okay we understand your situation and you can have as much time as you wan't of even if it is five years, we won't fire you for bad time keeping as you are a good worker and have been for four years " - This was not only said to him but there is also a email with this on it.

So Stuart started to take time off, He was looking after his dad around 9 hours through the day, his family would not particularly help and wanted to put there father in a home ( be this better for him or not ) But his dad absolutely didn't want this he told them he knows he is going to die and he doesn't want to die away from his own home Stuart being the good man he is promised to not put him in a home hence why he is looking after him for so many hours through the day.

He frequently made it into work as well! With the help of his partner who when had time of work would look after his dad and Stuart came to work with no consequence.

about six months past and stuart was still caring for his dad as per agreed and the company introduced " the bradford factor " for monitoring time keeping/attendance of staff. After another three months, the company closed and " made everyone redundant " for a full weekend, with promise of redundancy pay ( i don't know the law behind this ) however nobody received this and the company was open again under owner ship of our other company and everyone got there jobs back.

We continued working as normal however a week ago when Stuart was in work he was called into the office by the supervisor who fired him on the spot for time keeping. ( his Bradford factor was at a score of 620 ( as per OUR contract you need to be at 650 to be considered for dismissal )) Stuart challenged this and received his Job back within a full three hours.

A week goes on Stuart was in work for four days and needed to have Friday off to care for his dad again as he had a fall. needles to say they let him come in on Thursday night shift 7-7 then at 6 in the morning a hour before finishing he gets a call from the supervisor telling him to stay behind for a hour because he wants to talk to him at 8 when his shift starts ( opposed to coming in himself at 7 ) Said supervisor once again fired him on the spot after letting him for the night and put it down to the bradford factor being over the allowed points.

at this point Stuart gave up for the time he was upset and frustrated at what was going on. When he asked politely if he will be receiving his ( as per in our contract book ) four weeks of back pay for each year he has worked amounting to one weeks pay. He was told he would not receive this because he has not worked for the company for more than 4 months ( the " new company " after making us redundant ) and when he asked about redundancy pay both of the people he was asking about pay went quiet and the supervisor himself left the room.

Please note another staff member two months ago handed his notice in. Was told " as you have worked for the company for six years you are required to give us 12 weeks notice "

With all of this said and vented im here for a bit of advice, what would you guys recommend we do as this IMO is a very unfair dismissal and unduly not paying him

Thanks

Harry
 
Not sure on the mechanics of your "time with company" amount and whether or not it changes when the company changes hands, though I think this might be down to the new company? Although, if they work for the same company, that is simply owned by a different one, then obviously his employment is with the original company and not the owners?

One thing I would say, tell him not to give up, that's the worst thing he could do. Keep at them and he might get a good resolution like he did the first time, and if not he can go get some real legal advice.

That said, he did have it pretty sweet from the original company...
 
Yeah its all very shady , but what can you do. You have to pay up front for a tribunal
Is there a union involved, if not he's pretty much had it.
 
TUPE regs would say he's been at the company since before the takeover.

Sounds like proper disciplinary procedure has been ignored.

He needs to seek legal advice, but sounds like he has a strong case

Bunch of crooks.
 
As always get proper legal help but you can't fire someone on the spot for poor time keeping there is a process that has to go through and if not followed for an employee who has been employed for 2+ years (even with TUPE in the picture) is pretty black and white a case of wrongful dismissal.
 
Please note another staff member two months ago handed his notice in. Was told " as you have worked for the company for six years you are required to give us 12 weeks notice

Sounds a bit like victimisation to me.

One rule for one and one for another.
 
If the company hasn't gone through proper dismissal procedure then its wrongful dismissal

Sacking someone on the spot is NOT proper procedure.

Take them to the cleaners.
 
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No we did not, We all just got told to come back in work the following monday

If they didn't pay redundancy, and you didn't sign a new contract, then there's no way they can argue their way out of TUPE requirements.

And ignoring disciplinary procedures is asking for trouble

Your friend should take advice from CAB and ACAS, and be prepared to go legal.
 
As always get proper legal help but you can't fire someone on the spot for poor time keeping there is a process that has to go through and if not followed for an employee who has been employed for 2+ years (even with TUPE in the picture) is pretty black and white a case of wrongful dismissal.

There is no minimum service qualification for wrongful dismissal.

1 day, 2 weeks 10 yrs all the same
 
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