Unfair Dismissal + Tribunal?

garth · World Chat Champion Joined: 15 Dec 2004 Karma :

Hi

Lost my job 2 weeks ago. I was an installation engineer for a Mobility Company - S/lifts, hoists etc. Didn't get the training I needed to do the job properly but was expected to do so. For instance, when wiring into a Spur, didn't get shown how to do so, or told / trained that the power should be off. When i asked about electrical training I was told this was "common sense". On electrical breakdowns, on equiptment that I had never seen (and was expected to fix, as if by magic, with no diagrams) when I was unable to sort the problem, I was told that this was common sense. Confused

Anyway I lasted three months before I got told the job "wasn't for me". Another emplyee went on to take over my job and phoned me up today to tell me the exact same thing had happened to him. Dismissed (because of lack of training) He is going to go to a Tribunal and would like me to put forward with him.

What's a Tribunal, what do I stand to gain/lose out of it and what do I have to do?

Thanks for any help.

Thumbs Up

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Flip · Super Spammer Joined: 28 Feb 2004 Karma :

https://www.employmenttribunals.gov.uk/

ACAS are always worthing talking to I believe. Usually offered your job back (if you win) but better off declining and taking the cash offer (compo) I would have thought. Your old boss isn't going to want you back after a tribunal.

Fortuna · World Chat Champion Joined: 29 Oct 2004 Karma :

I've been to a tribunal if you need any help.

Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

3 months ? you don't really have much of a leg to stand on in that in the first 3 months they can say you are unsuitable for the job.

Its only when you get to bigger landmarks like 1 or 2 years that you really start to get some rights at work.
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Kwaks · I'm not a fast rider Joined: 28 Jan 2006 Karma :

I would say that wiring into a spur it is common sense the power should be off Laughing

As said, doubt a tribunal can help.

Now the HSE on the other hand......give you some payback, but more importantly make sure no one else is put in this position by the company.

*payback in a revenge sort of way
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stigger · Crazy Courier Joined: 06 Mar 2008 Karma :

I'm not 100% sure but isn't it illegal for you to be wiring stuff up unless you're a qualified Electrician???

garth · World Chat Champion Joined: 15 Dec 2004 Karma :

Aye, it is common sense, but I was never shown, and I'm not a sparky, or ever claimed to be one.

Ah well nothing to lose i suppose.
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Flip · Super Spammer Joined: 28 Feb 2004 Karma :

map · Mr Calendar Joined: 14 Jun 2004 Karma :

Just read this thread and have 2 thoughts...

1.
What is said about the probation period is valid. Companies have been known to get rid of prople (or call it short term contracts) just before they gain any rights to benefits (redundancy, protection, etc.).

However, that said, if you go with the other employee to tribunal then more notice will be taken.

Might be worth contacting any union rep. at the work as well as you should get some assistance and representation at the tribunal.

2.
Give the Health and Safety Executive a call. Sounds like you were put into a situation where the company did not look after your welfare.

Even if you don't get anything then the HSE can help to stop the company being arseholes. If they're that way inclined the HSE can go over a company with a fine tooth comb as once reported it's their neck on the line as well if anything nasty happens.

HTH Thumbs Up

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Flip · Super Spammer Joined: 28 Feb 2004 Karma :

Skudd · Super Spammer Joined: 01 Oct 2006 Karma :

WATCHDOG or ROGUE TRADERS need to be told. Could get at least 15 mins of fame.
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Al · World Chat Champion Joined: 26 Feb 2006 Karma :

Not sure if you'd stand much of a chance, most companies normally seem to be able to find a way around most things Rolling Eyes

but I suppose you haven't got anything to lose.

Surely the lack of training would kind of depend on your previous training, employment history. ie if you worked as an installation engineer in your last job, they probably shouldn't have to train you on basic electrics.
But if you worked in an office or something and they knew this then its probably a little different.

tatters · Exxon Valdez Joined: 05 Jan 2004 Karma :

Al · World Chat Champion Joined: 26 Feb 2006 Karma :

Really, I've always been told I'm only allowed to wire to a spur, maybe my boss just doesn't trust me Laughing

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Amanda · Renault 5 Driver Joined: 03 Apr 2009 Karma :

Think you'll find the others are right in the fact that you aren't covered by emplyment law, i doubt a tribunal will represent you given that fact, it is highly unlikely and very very rare.

dgo1212 · Brolly Dolly Joined: 06 Dec 2008 Karma :

i'f you are planning to go to a tribunal don't let your ex employer know,and if you or your mate have threatened him with it he'll be ready(he'll be writing fake written warnings and allsorts),if it's a big firm you wont win as he'll just drag it out until you can't afford to fight it.Best bet is let it go and find another job

Amanda · Renault 5 Driver Joined: 03 Apr 2009 Karma :

I doubt his employer will do that especially if he knows employment law. A company does not have to follow the disciplinary procedures if an employee has completed less then a year with them.

I'm almost sure that the ACAS code of practice on disciplinaries does not take effect until 1 years employment. And until that time an employee cannot make a claim for unfair dismissal unless it's on grounds of discrimination.

And you can sack someone for Lack of capability or skill to do thier job.

My boss has had me sack people just because he didn't like them, i know this is unfair but until they change the law he has a right to sack anyone on a whim with less then a years service.

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

I suspect that the biggest thing is that Garth would be supporting the bid who moved in to his job when he was got rid of. If the guy he is supporting had been there over a year then at least something might happen.

All the best

Keith
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garth · World Chat Champion Joined: 15 Dec 2004 Karma :

I'm happy to support, yes.

To be honest the staff turnover rate was HUGE. In the three months that I was there, I saw 6 or 7 people go.

It was actually /just/ over my three months, by about 10 days. Doubt this makes any difference though. Meh!
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