Idle hands ([info]greebo) wrote in [info]livejournal_uk,
@ 2006-05-24 13:03:00
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legal stuff
My Md has just hired another engineer into the team, and according to my "mole" in management (who prompted me to start looking for work) his next step is to get rid of myself and one of the other engineers and sure enough both myself and the other chap are up for a disiplinary on Friday for a stupid jumped up charge that shouldnt stick but i feel he is gonna throw it hard enough

i would like to sue him for constructive dismissal, how do i go about this, e.g. who do i need to contact etc....

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[info]thekumquat
2006-05-24 12:26 pm UTC (link)
IANAL, but slow down!
First, read your contract. Second, find your firm's HR policies on disciplinary action. It probably says something about procedures for an initial warning. If the new guy is getting at you for doing something you've always been allowed to do, point that out, and insist he tell you in advance if any other rules are going to be changed. If you've always had good appraisals, point that out too.

If you can fix this as 'just a bad start' for the new guy, it would be a really good idea. Failing that, talk to the MD about your concerns, and join a union. Keep notes of all unreasonable behaviour from this guy. Does your firm have a mediation procedure?

Then, if it's too much, think about legal action.

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[info]greebo
2006-05-24 05:14 pm UTC (link)
the new engineer hasnt started yet, i havnt had a single appraisal despite being there 2 years, and i know that he is looking to getting rid of us and has been for sometime, in fact it was his idea to make me feel like my job is under jepordy in order to get more work out of me, the guy is an ass

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[info]mattp
2006-05-24 12:30 pm UTC (link)
Speak to the Citizen's Advice Bureau. They'll be able to offer advice and put you in contact with the right people.

http://www.adviceguide.org.uk/n6w/index/life/employment.htm should be a good start.

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[info]greebo
2006-05-24 05:14 pm UTC (link)
thanks exactly what i need

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[info]eiren
2006-05-24 12:42 pm UTC (link)
Wait for the new engineer, as he goes to get into his car... then step out behind him and cut his throat.

Allude to the MD that the same will happen to him, if he attempts to put you up for a disciplinary again.

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[info]greebo
2006-05-24 05:15 pm UTC (link)
its a girl, does that make a difference? maybe i should use a pink handled knife?

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[info]kensei
2006-05-24 01:06 pm UTC (link)
So far, he hasn't created a constructive dismissal situation. Suing at this point would be counter-productive.

What is the "stupid, jumped-up charge that shouldn't stick"? Of course, you may not want to reveal this on the Internet, where People See.

You should contact the Citizen's advice bureau, your trade union (if you have one), and potentially a litigating solicitor with experience in employement law.

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[info]greebo
2006-05-24 05:23 pm UTC (link)
there is a lot to it than this one incident, for example due to a cock up from my manager he decided to have a go at me and threatened my job on no more than 3 occasions in one day(i kept the e-mail and msn logs as proof) he will often come over to me and the other guy i work with and tell us how shit we are and if we make a mistake he doesnt come over to you and explain what you did wrong, no... he decides to wait until you continue to make the mistakes until it becomes a major issue then calls you in for a disiplinary

the incident in question is that we havnt filled our timesheets in when he requested them. He wrote an e-mail over 7 months ago saying that we had to start filling out timesheets and they had to be done on monday morning, now to to workload/site visits i got into the routine of noting my timesheets in a diary then at the end of the month filling them into the system all in one go. The only times this has been a problem is when my md decides to do the payroll run a little early, he has at no point re-inforced the "monday" rule

yesterday i got an e-mail saying that i was up for a dispilinary due to overdue timesheets, and that because i have missed out 4 weeks of timesheets thats 4 seperate cases of fault

i dont think im in the wrong cause filling in timesheets isnt in my contract, and futhermore i never agreed to abide by these new rules verbally, in writing or by e-mail

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[info]greebo
2006-05-24 05:27 pm UTC (link)
oh and my collegue overheard him and the other managers talking about the future of the company and their plan was to get another senoir engineer and some software to help monitor customers to replace us this was about 3-4 months ago since then i have been keeping a log of everything i considered could be interperated as constructive dismissal

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[info]lino
2006-05-24 08:31 pm UTC (link)
I've got no idea, but wish you good luck..

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