I need some help im in SERIOUS shit

[bash213001]

if you can't reaproach the manager mate it will have to be citizens advice,and really being paid at the time or not does'nt come into it,hopefully someone can come up with proper advice we all got tales to tell eh,good luck chap,and btw not all door staff are arses,

 

[smirnoff_rules]

if you can't reaproach the manager mate it will have to be citizens advice,and really being paid at the time or not does'nt come into it,hopefully someone can come up with proper advice we all got tales to tell eh,good luck chap,and btw not all door staff are arses,

yea it does , if he has a contract of employment , being a dj l was thinking its was a cash thing .. it often is , iv l took my lads a work out for an xmas do and they got into a fight l cant sack them ?

 

[The Bouncer]

Pay would come into it, as Smirnoff says most DJ jobs are casual work hence paid on the night so the OP wouldn't really be able to do anything there, as for the main job the OP says it is a BIG company so should have a contract of which he can then appeal for unfair dismissal and will either:

Get nothing and be without a job
Get compensation for unfair dismissal
Be reinstated with the company

And not all door staff are arses, Im proof of that

 

[thebigman]

What you need to pay close attention to is wether or not your company has followed there own discaplinary proceedures correctly. On the face of it it doesn't look like they have, sounds like they've held a kangeroo court and knew what the outcome was going to be before they held it. Could well be a case of unfair dismissal.

thebigman

 

[smirnoff_rules]

most companies hate unfair dismissal courts m8 . and theres a GOOD chance it will not go that far .. they lose a lot of these things .

 

[Dave Mckenzie]

TBH im now not bothered about the dj side of it....its the main job im concerned about.

I have got a contract yeah, and the impression i got was that his mind was made up b4 i went in.

I was NOT getting paid at the xmas party, i was NOT working at the xmas party. My company hosted the night and i attended.

 

[Dave Mckenzie]

What you need to pay close attention to is wether or not your company has followed there own discaplinary proceedures correctly. On the face of it it doesn't look like they have, sounds like they've held a kangeroo court and knew what the outcome was going to be before they held it. Could well be a case of unfair dismissal.

thebigman

They aint followed there own polocies mate, and we clearly told the chair this at the hearing. we also asked for the hearing to be ajurned so the policy could be followed properly and we were told NO.

I am still waiting on the mins of the hearing and we specifically asked for this to be put into the mins so hopfully this will help me

 

[moyes]

hope u r in a Union.

if all else fails from some the good advice above i would counter and put in a grievance of sexual behaviour against your boss especially if the boss is the same sex as you.as they say no smoke without fire! or the sh\t sticks .

 

[Dave Mckenzie]

The company i work for say they do not recognise any union as they have 'in house' staff for this. and its one of these 'in house' staff whos fucked me over with his 'witness' statment.

I HAVE just joined a union in relation to the trade is for to seek adivce but they are closed untill after jan. Which again is no good to me.

 

[smirnoff_rules]

and by law you can take someone into the meeting with u then ,.,. if they havnt let u do that there slowly digging a hole for themselves m8

 

[Dave Mckenzie]

I did take some1 in with me mate and he is shit hot....he is the one who has told me about them not following policy etc.....

 

[thebigman]

They aint followed there own polocies mate, and we clearly told the chair this at the hearing. we also asked for the hearing to be ajurned so the policy could be followed properly and we were told NO.

I am still waiting on the mins of the hearing and we specifically asked for this to be put into the mins so hopfully this will help me

Then I would raise a case of unfair dismisal. I wouldn't bother about them not recognising your union, they will have to come the hearing. Even if you win though you probarbly won't get reinstated, but at least you might get compensation, however they will take into account if you have contributed to your dismissal. The main reason companies loose these cases is not following their own proceedures. Getting pissed and making an arse of yourself at a night out isn't really a valid reason to sack someone. if the police aren't looking to charge you I don't see how they can sack you.

thebigman

 

[v14]

How long have you worked there m8?

 

[toonmadlad]

Like a few have said already on here, if your company haven't followed their OWN disciplinary procedures down to the letter then they will be in very choppy waters when it comes to a tribunal, if your not in a Union and can't get to the citizens advice till early January then I would use your time getting as much evidence (CTCV footage/statements) and looking at past case studies on the internet. Good luck mate.

 

[allaboveboard]

A Glasgow Kiss at a WORKS do. You have provided grounds for your dismissal. Just send a letter saying you disagree with your sacking and you will be taking legal advice about unfair dismissal. You should start looking for a new job, these cases can take years. Best of luck I hope it all turns out O.K for you.

 

[jfish]

In general workers are protected under the Employment Rights Act 1996 from being sacked All employees can bring a claim of unfair dismissal after one year of continuous service.

The company still have to show that they followed a reasonable procedure as set out in the ACAS (Advisory, Conciliation and Arbitration Service) code of conduct. They must also show that the decision to dismiss fell within the range of reasonable responses open to an employer

With effect from 6 April 2009, the time limit for lodging a claim for unfair dismissal at the Employment Tribunal is 3 months less one day from the effective date of termination of the contract of employment.

Now the question is has the employee established a fair reason for dismissal

Legislation lists five specific types of reason which can justify dismissal. They are as follows:

Conduct
Capability
Redundancy
A Statutory Requirement
Some other Substantial Reason

Under Employment Rights Act 1996, the employee who have been dismissed may request from their employer a written statement of the reasons for their dismissal, which their employer must provide within 14 days. Employees who are dissatisfied because they have not received a statement or believe the statement to be inaccurate may refer the matter to an employment tribunal.

Hope this helps

Your next step is an employment tribunal

 

[seanicca]

There was 1 witness. BUT this witness gave a statment over email and had spoken to 2 people, me inc before he gave this statment. The person was also drunk and over 20meters away.

Ive asked for the persons statment to be taken again with questions asked about the incodent, and was told NO.

My employer is a BIG company and im seriously tempted to goto the papers if i dont get my job back cos all i have done is defend myself and im being punished.

There is also CCTV of the 'fight' and the police have this. Work know this exsists and refuse to wait for the police to release it.

not sure about your company policy but i was suspended on full pay for a week while they investigated ( not for fighting) then went to a disciplinary when i stated my case then told 3 days later i was sacked, i then had a week to appeal, which i did, then had an appeal hearing with 2 totally different people who had nothing to do with the first meeting, 3 days later told the decision had been upheld and still sacked. i then filed a claim with the tribunal service and found a solicitor who did no win no fee. any statements taken have to be passed to him for the case and yours will be sent to them, its all part of the build up/steps which have to kept to by both sides and that have to happen before it goes to court, i settled out of court in the end. i remember my solicitor saying that they can find in my favour if they haven't followed proper procedure but this wont help you get your job back or a pay out because they see it as you were in the wrong just sacked the wrong way, the outcome would have been the same either way

 

[elkopite]

try this site mate...the first paragraph states,

What is unfair dismissal
There are several ways your dismissal could be unfair:

your employer does not have a fair reason for dismissing you (eg if there was nothing wrong with your job performance)

your employer did not follow the correct process when dismissing you (eg if the have not followed their company dismissal processes)

you were dismissed for an automatically unfair reason (eg because you wanted to take maternity leave)

Unfair dismissal : Directgov - Employment

try this site as well, these do an online assessment of your claim..http://www.uddirect.co.uk/?gclid=CMC9gOmF_p4CFWlr4wod513HJA

hope this helps mate...

 

[Thommo]

there a law unto themselfs most companies, dont mean to worry you but the likely hood of you getting your job back is virtually zero, they will pay you off if you take it further like lawyers ect... they dont mind being proved wrong but your still up shit creek regardless, they dont care.

seen it happen to a few people including people who are close to me, even though in every way it was the company proved to be wrong/not following rules ect.. the same result was that the job wasnt there afterwards. they usually put some disclosure thing in there when they lose saying if you speak about it to anyone yes anyone they can and will claim the money back (yes claim money back because they did wrong) its to gag you and stop you giving the company a bad name,


you'll maybe win a unfair dismissal case but just because you win that doesnt mean they have to take you back.

end of the day theres still no job for the person even if proof is provided, its just the way this country is now... f*cked..

 

[Rs2k_Rider]

Suggest a post over here mate > Employment Problems - The Consumer Forums
Explain everything in detail, amount of time you have worked for them (main company) ....

There are HR people on there that know the in's and out's of employment law etc

Seems to me they have not followed it for what I know.