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Right, the continuing saga of me being unemployed.
I popped up the CaB today (Citizens Advice Bureau...offerers of free, confidential legal advice etc!) in order to find out whether or not the Rat I smelled following my sacking was my imagination or not....
And seemingly it isn't! The consultants words, as soon as I mentioned me being out the door without a penny were 'you definitely have a case'
Wooo! Got an appointment on the 19th Feb to have a deeper consultation about how to proceed now. Time for me to sue!
Fed up of Scalpers? But still want your Exclusives? Why not join us?
You play this right you could be the pebble that triggers the avalanche.Or something.
The poor man really has a stake in the country. The rich man hasn't; he can go away to New Guinea in a yacht. The poor have sometimes objected to being governed badly; the rich have always objected to being governed at all
We love our superheroes because they refuse to give up on us. We can analyze them out of existence, kill them, ban them, mock them, and still they return, patiently reminding us of who we are and what we wish we could be.
"the play's the thing wherein I'll catch the conscience of the king,
Indeed. I have nothing against the people that work there, the photographers, artists and homesales peeps are all great, and until now I didn't have a problem with the Boss...
But you just don't treat me like this!
From what I understand, they don't have a leg to stand on. THe instant dismissal, fair enough. BUT, chucking me out without pay or notice is as illegal as kicking babies.... So from having to pay me in the region of £950....I can now blag compensation. Because frankly, I am NOT settling out of court. They have left a black mark on my employment history (just make me redundant instead!) and that is not a good thing right now.
Fed up of Scalpers? But still want your Exclusives? Why not join us?
-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
Actually MDG with your bitter, drunken, incomprehensible nature, I would have thought you had a natural career in politics or law...
Any word on the two jobs you were looking at?
This message was edited 1 time. Last update was at 2009/02/09 20:54:00
-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
The Realms of the Unreal, of the Glandeco-Angelinnian War Storm, Caused by the Child Slave Rebellion
Best of luck with the case. I know how it is to be screwed over by an employer. When I was in high school I had a part time job at a restaurant. I liked the job and got along well with my coworkers however when my boss discovered my religious beliefs (or rather the disagreements of my religious beliefs with his religious beliefs) he fired me. I regret not pursuing legal action but I found another job so it all worked out. Let us know when you here back on those two jobs!
Edit: grammar
This message was edited 1 time. Last update was at 2009/02/09 22:29:34
2 - The hobbiest - The guy who likes the minis for what they are, loves playing with painted armies, using offical mini's in a friendly setting. Wants to play on boards with good terrain.
Devlin Mud is cheating.
More people have more rights now. Suck it.- Polonius
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BloodofOrks wrote:Best of luck with the case. I know how it is to be screwed over by an employer. When I was in high school I had a part time job at a restaurant. I liked the job and got along well with my coworkers however when my boss discovered my religious beliefs (or rather the disagreements of my religious beliefs with his religious beliefs he fired me. I regret not pursuing legal action but I found another job so it all worked out. Let us know when you here back on those two jobs!
It's hard to find an employer who'll both serve the golden throne and pay a decent wage.
DR:70+S+G-MB-I+Pwmhd05#+D++A+++/aWD100R++T(S)DM+++ Get your own Dakka Code!
"...he could never understand the sense of a contest in which the two adversaries agreed upon the rules." Gabriel Garcia Marquez, One Hundred Years of Solitude
Mad Doc Grotsnik wrote:
And seemingly it isn't! The consultants words, as soon as I mentioned me being out the door without a penny were 'you definitely have a case'
We knew that, but couldnt say as much directly as it is really unwise to give legal advice without being legally trained. There is even a limit to what CAB can tell you.
Mad Doc Grotsnik wrote:
From what I understand, they don't have a leg to stand on.
Mad Doc Grotsnik wrote:
The instant dismissal, fair enough.
Actually that isnt fair, as you are outside your probationary period (arent you?).
You can be instantly suspended for Gross Misconduct and given a hearing from which you can be instantly dismissed, that is as close as they can get to a quick removal.
Mad Doc Grotsnik wrote:
BUT, chucking me out without pay or notice is as illegal as kicking babies.... So from having to pay me in the region of £950....I can now blag compensation. Because frankly, I am NOT settling out of court. They have left a black mark on my employment history (just make me redundant instead!) and that is not a good thing right now.
Right some points here.
1. If you are woman, gay or an ethnic minority you can get a lot of support right now because the case would come under discrimination. Note that this isnt related to the case, its related to thwe realities of the legal system.
2. If you are not do not expect legal aid. That sorry is not the current political thinking. I have seen this before over creative dismissal cases, if you are not a 'vulnarable minority' you can piss in the wind. Sorry you will either have to get union help or pay yourself. Sorry to drag my politics into this thread MDG, I am saying what I sadly know to be true here because I think it is relevant to your strategy.
3. This can cost a lot of money in legal fees. To be very frank with you many companies go fast and loose with employees because they know that the employee hasnt got the funding to take them to court.
4. Settling out of court can still be good, remebmer that if you go to court you incrwasee the chances of being blacklisted. remember future employers do not like candidates who have a history of going to tribunal. They are high risk and dont get hired. Also check with a fine toothcomb the lawyers % for taking on your case, you might get more money in your pocket if you settle out of court than go to court for a higher sum. Not only from the risik of losing but because of the lawyers fees.
5. Mega compensation is for women gay and ethnic minorities. Sorry again to bring poltical realities into the thread. Do not expect a lot of money, certainly not the huge payouts seen in the press, those are for those seen as societal victims. Sure you can get 100K for unfair dismissal, if you are lesbian.
n'oublie jamais - It appears I now have to highlight this again.
It is by tea alone I set my mind in motion. By the juice of the brew my thoughts aquire speed, my mind becomes strained, the strain becomes a warning. It is by tea alone I set my mind in motion.
BloodofOrks wrote:Best of luck with the case. I know how it is to be screwed over by an employer. When I was in high school I had a part time job at a restaurant. I liked the job and got along well with my coworkers however when my boss discovered my religious beliefs (or rather the disagreements of my religious beliefs with his religious beliefs) he fired me. I regret not pursuing legal action but I found another job so it all worked out. Let us know when you here back on those two jobs!
Edit: grammar
Wow! Im suprised he got away with that. Sacking an employee over religious beleifs (or lack of them) should be a big no no.
"And if we've learnt anything over the past 1000 mile retreat it's that Russian agriculture is in dire need of mechanisation!"
The only time I ever retaliated over being fired it involved a call to the health department, and Oh, was that satisfying. I hated every single worthless maggot in that roach-hole, and it got shut down. Even being a follower of Nurgle only covers so much filth. I say put it to them, legally speaking, until they lose their voices from the screams of agony. Just try not to smirk in court until after you see their attorney start to sweat.
And I think being Scottish does indeed make me an Ethnic Minority when living in England.
No idea if the Courts do though.
I am quite looking forward to finding out more. I may yet qualify for Legal Aid, seeing as I am a single person, no savings and unemployed. CAB it would be tight though.
Fed up of Scalpers? But still want your Exclusives? Why not join us?
Mad Doc Grotsnik wrote:Well, I'm Bisexual, so that might worth summat!
I wasnt joking. but no. If you were ethnic or openly gay it would have been different even if this has nothing to do with the real reasons you were dismissed. You dont even need to play the race card, it is just automatically up to the company to show they didnt. At this point fear creeps in and out of court settlements occur. But seriously if your sexual orientation is not very overt, and bisexual is not considered vulnerable anyway I doubt it is a realistic factor.
n'oublie jamais - It appears I now have to highlight this again.
It is by tea alone I set my mind in motion. By the juice of the brew my thoughts aquire speed, my mind becomes strained, the strain becomes a warning. It is by tea alone I set my mind in motion.
I'm not especially fussed about taking them to the cleaners. Just want what is due to me, and then the clearing of my name in terms of employment record.
Fed up of Scalpers? But still want your Exclusives? Why not join us?
Sure I wasnt talking primarily about the multiplier to compensation you can get for vulnerable minorty status. More important at this stage is whether you get Legal Aid. The Legal Aid pot is shallower now, and the hard truth is merit for legal aid is determined doctrinally rather than on the cause presented. If discrimination comes into your case you can get a specialist lawyer and a n open fund, sometimes a whole lot of money and for a really good lawyer.
I actually give you one chance in three you get Legal Aid at all, yes for the same case. My friend didnt, but then he wasnt a bisexual goth.
Good luck.
n'oublie jamais - It appears I now have to highlight this again.
It is by tea alone I set my mind in motion. By the juice of the brew my thoughts aquire speed, my mind becomes strained, the strain becomes a warning. It is by tea alone I set my mind in motion.
The Realms of the Unreal, of the Glandeco-Angelinnian War Storm, Caused by the Child Slave Rebellion
LuciusAR wrote:
BloodofOrks wrote:Best of luck with the case. I know how it is to be screwed over by an employer. When I was in high school I had a part time job at a restaurant. I liked the job and got along well with my coworkers however when my boss discovered my religious beliefs (or rather the disagreements of my religious beliefs with his religious beliefs) he fired me. I regret not pursuing legal action but I found another job so it all worked out. Let us know when you here back on those two jobs!
Edit: grammar
Wow! Im suprised he got away with that. Sacking an employee over religious beleifs (or lack of them) should be a big no no.
Technically I'm Episcopal. The Episcopal church appointed an openly gay bishop. My former boss is a knuckle dragging chimp. I didn't sue because I was a full time student and the distraction of a lawsuit added to the search for a new job would have been too much to handle. Besides, legal fees would likely have eaten up the majority of any reward so I cut my losses and found a better job.
2 - The hobbiest - The guy who likes the minis for what they are, loves playing with painted armies, using offical mini's in a friendly setting. Wants to play on boards with good terrain.
Devlin Mud is cheating.
More people have more rights now. Suck it.- Polonius
5500
1200
I wouldn't leap into court. In fact I wouldn't threaten them with it, straight away. A barrister I knew said you should never threaten to sue until you are fully prepared to sue and win.
You should be able to get what's owed you, and a glowing letter of reference, just from the CAB laying out your case against them. Of course if they refuse to play along you can then see about an industrial tribunal.
Sometimes, I want to live in the UK. Here, (Arizona) not only do they not have to give a reason, or prior notice for your termination, you're lucky if they offer to be a reference for you when you're downsized. (You can list them anyway, but when your boss offers you can be pretty assured you can get a GOOD reference)
Mannahnin wrote:A lot of folks online (and in emails in other parts of life) use pretty mangled English. The idea is that it takes extra effort and time to write properly, and they’d rather save the time. If you can still be understood, what’s the harm? While most of the time a sloppy post CAN be understood, the use of proper grammar, punctuation, and spelling is generally seen as respectable and desirable on most forums. It demonstrates an effort made to be understood, and to make your post an easy and pleasant read. By making this effort, you can often elicit more positive responses from the community, and instantly mark yourself as someone worth talking to.
insaniak wrote: Every time someone threatens violence over the internet as a result of someone's hypothetical actions at the gaming table, the earth shakes infinitisemally in its orbit as millions of eyeballs behind millions of monitors all roll simultaneously.
I wouldn't panic about legal representation too much. If you can get it great, but if not go it alone, it's not hard. I represented myself at a tribunal and won, it's not that difficult. All the judge (if he is one) is interested in are the facts. If it was me I'd be looking at my contract and looking for the evidence. If it does say that surfing the web at work is gross misconduct then I think you'll have a problem, it's there in b&w. If it's says it's a disciplinary matter, then that's different, you should of been disciplined not sacked. It's all in the wording. As to black mark, I think I've already mentioned this before, a employer can't slate you in a reference, or put things that are not relevent. If they are asked why you aren't working for them any more they can tell a potential employer why, but not that it went to tribunal. Also you're not under any legal obligation to tell a potential employer that you've been to tribunal, it's not a criminal judgement.
Live your life that the fear of death can never enter your heart. Trouble no one about his religion. Respect others in their views and demand that they respect yours. Love your life, perfect your life. Beautify all things in your life. Seek to make your life long and of service to your people. When your time comes to die, be not like those whose hearts are filled with fear of death, so that when their time comes they weep and pray for a little more time to live their lives over again in a different way. Sing your death song, and die like a hero going home.
Lt. Rorke - Act of Valor
I can now be found on Facebook under the name of Wulfstan Design
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