Going to Employment tribunal

[stevieb]

A friend has just been sacked because he has not followed company procedure.

He has worked there for just under 3 months and had the past 3 weeks off ill with a bad back on recommendation of his dotcor.

He thinks he has got he sack because of this and not because he did not follow company procedure.

Has he the right to go to an Employment tribunal?

Steve

PS i will update a bit later with more deails when i get on a proper keyboard

[Plotloss]

Not unfair dismissal as you have to work for a firm for 12 months.

Dont know the ruling on constructive dismissal though...

[Broccers]

He's no hope having not been there such a short period of time.

Its a complex business as I found when I took my last employer to one. The only winners are the solicitors however the threat of my case reaching court got me the result I wanted.

[Davel]

Drop it - simply aint worth tryin with that short period of employment.

[stevieb]

Davel said:

Drop it - simply aint worth tryin with that short period of employment.

It the principle of it though to be honest.

Some more facts.

1) the manager seems sexist employs a high propertion of Female workers even though it is a stereo typical male job (Builders Merchant).

2) Seems like he used my mate as a temp worker over easter rather than a proper employee.

3) Manager seems to be worried that my mate may eventually take his job. ( My mate was a Store manager at one point but now gone back to lower roles because of his previous employeer went into recievership.

4) my mate went back to work last tuesday to help out and he said that he would need to go to a doctor appointment during his lunch hour and may be late back.

5) because he was longer at docs and had a 1hr 10min lunch he got verbal warning because he had over an hour.


HE has been told by the regional manager that he has picked up the work quickly and has exceeded his expectations but his direct boss has said Friday is you last day.

IMHO this manager is running scared because of his quality of work and wants him out because he is out performing other members of staff who have been in the position longer.

[Davel]

Then he should ring the Regional manager and say why he's leaving, especially making the point that his current boss regards him as a posible threat, if he wishes.

If he does that though, then he would have no chance of working under this guy again.

A tribunal is no use to him whatsoever.

[JamieBeeston]

I doubt very much will happen.

Your mate is new, already had a lot of time off, and looking like he will have more.

He is still likely on a probation contract, giving a weeks notice either way..

all they need do is give him notice. The fact they have found some technicalities to get him on only strengthens their case.

Tell your mate to get his back sorted, THEN get back to work, not the other way round.

[PetrolTed]

Principles can be very expensive to defend.

Move on...

[superlightr]

blimey, its not a job for life.

3 months with 3 weeks off sick. I would also say - sorry not working out. Harsh but protecting my business and livelihood.

Its different if he's been there 3 years but 3 months - most e/ee are on a trial period of 3 or 6 months anyway.

[steviebee]

Was he given a contract of employment before he started? If so and if this contract has been ignored by the employer, then your freind can sue for breach.

But that's all and it's unlikely to yeild much in the way of cash.