Post A Reply
my profile
|
directory
login
|
search
|
faq
|
forum home
»
Flare Sci-Fi Forums
»
Community
»
Officers' Lounge
»
Urgent Internet/legal help required!
» Post A Reply
Post A Reply
Login Name:
Password:
Message:
HTML is enabled.
UBB Code™ is enabled.
[QUOTE]Originally posted by Lee: [QB] Ok, information on the law (This is Lee's wife!): 1. Your friend should have been given the opportunity to take someone with him to the meeting. Refusal to allow his representation or to take someone with him to a formal disciplinary is a clear breach under the Employment Rights Act 2. If he was not alowed to take a solicitor then he should have been informed, in writing, that he could have a friend or union representative present. This is his legal right. 3. He needs to get a copy of any policy on which the company is replying in relation to internet use/downloading of porn or anything else for that matter. 4. If there is a policy, he needs evidence that this policy was available and published to all employees. If it is not a published policy then the company cannot rely on it as the employee needs to be 100% aware that the policy exists. If they don't or there is no policy, then actions cannot be brought under it and employtees cannot abide by something they no nothing about! 5. If there is no policy, then they are, by sacking him (if this is what they have done), in breach of his contract (I think). They have already breached his rights under disciplinary procedures and Fairness at Work Act. 6. I don't think you will find any case law on this in relation to disciplinary proceedings but you might find something in relation to any employment tribunal which has been decided and decisions are public so anyone can get hold of them. 7. If he has been dismissed, and it looks like it is unfair, i.e. not allowed representation or to take legal advice (which they would have had to pay for in the first instance which is probably why they refused his legal representation), he needs to file an IT1 at the employment tribunal within 3 months less 1 day of the act (unfair dismissal or, possibly in this case also constructive dismissal). He can do this himself by the internet and if he searches for "employment tribunals" on google, he should find a site where he can lodge one. This is free. 8. He may need to get a lawyer. Sometinmes by filing an IT1 this is sufficient to get the company talking again as they receive a copy and are asked to file a response etc which starts their legal fees rolling. They sometimes then offer to settle "out of court" so to speak to save face and get you out of the way! Lodging of an ET1 is also public and there are people out there who look up companies who are being sued by employees and phone them to ask why they are being so sued! Employers don't like the publicity! 9. He can act for himself with no cost. ET's are meant to help people! 10. I can assist wherever possible and also recommend some excellent lawyers with the best reupation in this field in London. They are trade union lawyers and therefore do not cost the earth. If it goes to Tribunal and settles before hand, he can include in any settlement, his legal fees. 11. I will try and look up some case law for you and get the Acts sorted out on which he can rely etc Hope this helps Kate (Lee's wife) [/QB][/QUOTE]
Instant Graemlins
Instant UBB Code™
What is UBB Code™?
Options
Disable Graemlins in this post.
*** Click here to review this topic. ***
© 1999-2024 Charles Capps
Powered by UBB.classic™ 6.7.3