employment law guru needed.........

[frazer1981]

Ok my employer has had the idea of trying to do me for a conduct issue, in meaning there seems to be a pattern around my abscence from work? This is going back all the way to april 08.

Since then i have had a verbal warning for my abscence and that expired on the 9/9/09.

My question is can my employer get away with punishing me AGAIN for something that i have already been punished for??

The reason i ask is that the following day they have got me on another disiplanery for conduct again for making a mistake.


So if i get a writtern warning on wednesday and then a final warning on thursday ( the next day ) i am jobless!!!!!!1

The way i look at it is that if i appeal the 1st one and have been sacked because of the second one then i would get my job back???


Does anybody know much about this kind of thing?? Any help or pointers in the right direction would be good.

Thanks.
____________________
1st bike - chunlan starway 50QF4 (SOLD) 2nd bike - 92 Honda mtx125RW-L ( In my garage awaiting some TLC)
05 Honda xl125v Varadero stolen and recovered but now a write off!
07 Hyosung GTR125R

[Whosthedaddy]

[Skudd]

[Banned]

Classic on your way out treatment, do what others have said or get a new job !

[The Shaggy D.A.]

Jump before you are pushed.
____________________
Chances are quite high you are not in my Monkeysphere, and I don't care about you. Don't take it personally.
Currently : Royal Enfield 350 Meteor
Previously : CB100N > CB250RS > XJ900F > GT550 > GPZ750R/1000RX > AJS M16 > R100RT > Bullet 500 > CB500 > LS650P > Bullet Electra X & YBR125 > Bullet 350 "Superstar" & YBR125 Custom > Royal Enfield Classic 500 Despatch Limited Edition (28 of 200) & CB Two-Fifty Nighthawk > ER5

[MattHirst]

If you really feel you are being discriminated against then take them to a tribunal. If you loose your job then try and get them for unfair dismissal. Iirc, the compo you can get from unfair dismissal is a substantial amount

But as others have said, i'd leave before you are forced to leave. It seems obvious to me (And others it seems) that your gaffa is trying to push you away.
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Raffles]

I'd have sacked you back in April 08!
____________________
A good loser will always be a loser.

[Flip]

[TUG]

[MattHirst]

It seems there are just some employers that like to 'abuse their powers' so to speak.

As Lonewolf knows, i pwned myself last year, had 7 months off work (with FULL pay aswell ), finally went back to work fully expecting them to make me do 8 hours a day doing light duties or whatnot. Turned in at 9am the first day to have an appointment with the private physio (fook me, don't think i've ever got a woody that quickly ). My boss said to do 3 hours a day for the first 2 weeks and then we built it up half hour per day each week until hitting an 8 hour shift. Not to mention still getting paid for an 8 hour shift.

They could of very easily laid me off due to be being unfit/unable to do my job as per my contract but they didn't. There are some decent people out there
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[msgander]

If the other warning has lapsed ie last month, then yes they can meet with you again and issue you a new warning, staying on your file for 12 months...they can also issue you warnings for every time you mess up, and if you do something serious enough they can summarily dismiss you....on the grounds of some other substantial reason, like losing faith in you and your ability to perform the role.

If I were you I would give yourself a good shake, ask to meet with them first, say you realise your shortcomings...and you are going to sort youself out. Work hard, remain employed...

Employer can issue another new warning to you, but cant pick up where the other one has expired...

Depending on your length of employment...would depend on their harshness...or not. I would get your shit together personally, I work in this field and it amazes me how much people think their employer should take!!! You are paid to work for them between the hours that are on the piece of paper called a Contract of Employment...

For what it's worth it is unlikely they could get away or be as stupid as to use a warning on top of a warning that has expired....then give you a final...even with final you remain employed, you just then have to be a model employee.

Each situation is different contact the CAB or ACAS its all free advice...just dont contact them from work phone eh????
____________________
Always believe that your guardian angel flies a bit faster than you...............

[Hex]

[frazer1981]

Cheers for replies guys.

My 1st and only warning in nearly 5 years came about after i had a spill on my bike and was signed off by my doctor for a month.

As far as i can see i am being punished twice for something i have already been punished. I will accept that maybe things could have been better on my part but i have been under so much stress lately and with out going into details i will see what happens today.

It's the one tomorrow that i am pissed off about as in i am being fucked over for making a mistake for something i have not been officalily trained to do or signed a bit of paper to say i can do. I only recived 2 and a half days training for my new role spread over a month. This consisted of shadowing another person who had only been doing the job for a little while as well.

Either way i am gonna fight it all the way so fingers crossed
____________________
1st bike - chunlan starway 50QF4 (SOLD) 2nd bike - 92 Honda mtx125RW-L ( In my garage awaiting some TLC)
05 Honda xl125v Varadero stolen and recovered but now a write off!
07 Hyosung GTR125R

[Whosthedaddy]

You need to contact HR and find out your options including taking out a grievance against your manager.
____________________
Current : MSX 125 Past : CBR 900RR Monkeybike : c50 LAC : ZXR750 H2 : FZR600 : ZX7R P3 : YW100 : TRX850: Trophy 900 T309 : GSXR 600 L0: Monkeybike : XJ6S Whosthedaddy

[Skudd]