Unfair dismissal/ dismissal appeal

Discussion in 'Employment & HR' started by Tom way, Feb 16, 2021.

  1. Tom way

    Tom way UKBF Newcomer

    1 0
    This is a bit long winded but stay with me.

    my friend was recently dismissed from work under gross misconduct. During the build up and leading to the event, there were several examples of him not being involved in a safe system of work which I feel leaves him in a strong position when appealing his dismissal.

    there is however something I need a bit of guidance on. During the hearings and investigations prior to the disciplinary. He stressed that he felt he had been working a lot of hours up to the event as well as having personal issues such as his wife being off with stress etc.

    we’ve looked into it a bit and it turns out he hadn’t opted out of, or been given the option to opt out of the working time regulations.

    he was regularly working in excess of 48 hours a week over a 17 week period. Surely this is an example of the employer breaching the working time regulations?

    Want I was wondering, is if this gives him an Avenue to defend himself during the appeal? If not can he launch a case for wrongful dismissal? He hasn’t been directly employed for more than 2 years, he has worked there longer however before he was agency. So I’m assuming he couldn’t actually get unfair dismissal.
    Posted: Feb 16, 2021 By: Tom way Member since: Feb 16, 2021
  2. ethical PR

    ethical PR UKBF Legend

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    Tell you friend to give ACAS a call or speak to an employment lawyer.
    Posted: Feb 21, 2021 By: ethical PR Member since: Apr 19, 2009
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  3. simon field

    simon field Verified Business ✔️

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    How come these threads are always someone’s ‘friend’?
    Posted: Feb 22, 2021 By: simon field Member since: Feb 4, 2011
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    JEREMY HAWKE Verified Business ✔️
    Full Member

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    Im always a lot more up front than this I aways say " My freind Simon Field "
    Posted: Feb 22, 2021 By: JEREMY HAWKE Member since: Mar 4, 2008
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  5. MBE2017

    MBE2017 UKBF Legend

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    I hate to break this news, but having several of examples of “your friend Simon field” not being involved in a safe system of work leaves him in a terribly weak position.
    Posted: Feb 22, 2021 By: MBE2017 Member since: Feb 16, 2017
  6. japancool

    japancool UKBF Legend

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    I took it as meaning "the system of work that he was in was inherently unsafe/didn't comply with H&S regulations" rather than "his friend didn't comply with H&S practises that were in place".
    Posted: Feb 22, 2021 By: japancool Member since: Jul 11, 2013
  7. Talay

    Talay UKBF Legend

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    It looks as though the company went through many if not all the ACAS steps for investigation, hearings, etc. and he was found guilty and dismissed.

    Presumably he liked the pay for working more hours and did not refuse it or complain that he received it.

    Presumably there will be no record of him refusing to work longer hours and being told he must do so.

    Presumably he never complained about these "issues" surrounding safe work.

    I'll take the employer's side to the tribunal even though they are left leaning spineless employer haters.
    Posted: Mar 7, 2021 By: Talay Member since: Mar 12, 2012
  8. Paul Norman

    Paul Norman UKBF Legend

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    Your last paragraph seems to say that 'your friend' is not actually employed by these people?

    If that is the case then is he there on a self employed basis?
    Posted: Mar 8, 2021 By: Paul Norman Member since: Apr 8, 2010
  9. antropy

    antropy OpenCart Experts Verified Business ✔️

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    Yep I agree but there are always 2 sides to the story. So the work place may have a different side of the story. Alex
    Posted: Mar 8, 2021 By: antropy Member since: Aug 2, 2010
  10. Newchodge

    Newchodge UKBF Legend

    16,065 4,535
    Doesn't matter.
    Doesn't matter.
    Doesn't matter.

    All of these are issues that the employer is required to deal with properly. It is not for the employee to complain but for the employer to comply with the law.
    Posted: Mar 8, 2021 By: Newchodge Member since: Nov 8, 2012
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  11. Jamie Goodwin

    Jamie Goodwin UKBF Newcomer

    9 0
    What was he dismissed for?
    Posted: Jun 7, 2021 By: Jamie Goodwin Member since: Feb 7, 2018