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scorps
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PostPosted: 13:58 - 14 Mar 2013    Post subject: so two hits, Ouchers! YOU COULDNT MAKE IT UP UPDATE! Reply with quote

I'm being made redundant in five weeks and my other half who stood up to a liar at work got a call this morning after being suspended to be told he's being dismissed.
We thought we had it in the bag ripping the investigation report apart but he's told them he will appeal anyway. We are not sure what he's been dismissed for at this point so i guess the next step is ACAS once we have it in writing tomorrow.
I know this is nothing compared to other peoples problems on here at the moment, but if I'm honest iv'e never been unemployed before and for both of us to be at the same time is pretty scary.

Our landlady doesn't like unemployed people renting her properties so I don't know where we stand on that.
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Last edited by scorps on 14:15 - 16 Mar 2013; edited 1 time in total
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hellkat
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PostPosted: 14:11 - 14 Mar 2013    Post subject: Reply with quote

Possibly she just doesn't like the idea of it ... if you've been there a while, she knows you're not a pair of layabouts sitting round watching domestic-crisis telly all morning.

Don't let her opinions stop you from claiming housing benefit if you are entitled to it, at least it will pay her rent.
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LockyUK
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PostPosted: 14:12 - 14 Mar 2013    Post subject: Reply with quote

that is a bit shit sorry to hear it, but your right once you have a written confirmation of termination and reasons for, acas is the way to go, also if you are a member of a union it would be a lot easier as they will do it for you Thumbs Up

in regards to your landlady, who gives a fuck what she thinks ? she can not evict you for losing your job, simples.

and the reason landlords dont appreciate benefit claimaints is because benefit claimants do not tend to look after rented properties, i am sure statistics would back this up

good luck!
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cimbian
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PostPosted: 14:14 - 14 Mar 2013    Post subject: Reply with quote

That is crap news. Sorry to hear this Scorps.
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Wonko The Sane
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PostPosted: 14:17 - 14 Mar 2013    Post subject: Re: so two hits, Ouchers! Reply with quote

scorps wrote:
I'm being made redundant in five weeks and my other half who stood up to a liar at work got a call this morning after being suspended to be told he's being dismissed.
We thought we had it in the bag ripping the investigation report apart but he's told them he will appeal anyway. We are not sure what he's been dismissed for at this point so i guess the next step is ACAS once we have it in writing tomorrow.
I know this is nothing compared to other peoples problems on here at the moment, but if I'm honest iv'e never been unemployed before and for both of us to be at the same time is pretty scary.

Our landlady doesn't like unemployed people renting her properties so I don't know where we stand on that.


Taking the last point first,

Most landlords that don't want unemployed people are just not wanting to rent to people who are making a career out of being on JSA or housing benefit. Many landlords accept that things happen and a previously employed tenant who've proven themselves to be punctual with rent and not been a problem beyond the odd "really sorry, need a gas fitter as the boiler has stopped working" is often accepted as being in an unfortunate situation but should be able to find new employment soon.

The landlord can only start proceedings to kick you out if you've not paid rent, caused significant damage to the property or excess complaints from neighbours about noise etc, all of which have to go through the court process to get the eviction notice. If you stopped paying rent today, you'd probably have 3 months or so before people turn up on your doorstep to make you move out.

If you rent through an agency, just keep paying the rent unless you're having issues doing so, if the latter, talk to them, explain you've both been made redundant and can you work out a way of staying in your home and paying the rent while you get things sorted. Also talking to the benefits process you may be able to get a hardship loan etc to help out in this situation.

TL;DL, don't stress too much, can only really kick you out if you've not paid rent

next point, your redundancy,
that sucks and you have my sympathy, chat to managers etc about acting as references for new employment is the only thing I can think of and I hope you find a better job soon.

Other half, have you gone through the unfair dismissal procedure yet? from what I remember of your other posts, he's being dismissed for doing as someone higher up told him to?

Go through the appeal process that he's just started, failing that, unfair dismissal (citizens advice?)

Hope it all works out for you both.
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scorps
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PostPosted: 14:44 - 14 Mar 2013    Post subject: Reply with quote

thanks for the advice, im usually optimistic about stuff but this has sucker punched us big time. ive actually sat here in my office with the door shut crying my bloody eyes out this afternoon. Totally pointless as it wont achieve anything.
To me gross misconduct is wilfully breaking rules, he wasn't but his supervisor is lying through his teeth and we proved all this so god knows what's happened. It hasn't gone down well with his workmates according to the texts he's been getting as they all like him and are disgusted.
Supervisor is the managers personal taxi to and from work and is hated by everyone. maybe the company isn't worth working with. Just got to find out if the company that did his crane and side loader course will allow him to have his certificates as the company he worked for didn't hand them over to him like his others.
Wary of being too bolshy as its a big oil services company and he doesnt want to be blacklisted as a troublemaker.
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Wonko The Sane
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PostPosted: 15:08 - 14 Mar 2013    Post subject: Reply with quote

My personal thoughts are to, if all else fails, pursue the unfair dismissal (I know i've said this already) more for the payout than to retain his job.

I can understand not wanting to rattle things too much as some industries do stick together with regards blocking people from getting work, they shouldn't be able to, but they do so I can understand his thoughts / worries. You essentially want them to pay you off so there's something to tide you over until other employment can be found.

Is it possible to get copies of the certificates from the place he trained?
Would another employee who likes your partner be willing to nip into the office one friday afternoon and lighten the filing cabinet of the certificates?

I would claim they're your partner's property.
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J4mes
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PostPosted: 15:35 - 14 Mar 2013    Post subject: Reply with quote

Black Sheep wrote:
?

I would claim they're your partner's property.


That will depend on who paid for the course I expect.
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Wonko The Sane
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PostPosted: 15:48 - 14 Mar 2013    Post subject: Reply with quote

I think that could be up for dispute,

they'd have someone's name on them, does that make them that person's property or the property of the person who paid?
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yaigi
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PostPosted: 16:44 - 14 Mar 2013    Post subject: Reply with quote

Black Sheep wrote:
I think that could be up for dispute,

they'd have someone's name on them, does that make them that person's property or the property of the person who paid?


I could buy a mug with your name on, doesn't make it your mug Wink

Sorry to hear this news Scorps, what sort of work do you do?
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ride_to_die
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PostPosted: 16:56 - 14 Mar 2013    Post subject: Reply with quote

'kin hell Scorps....that's shit news. I thought you guys proved the other bloke was a lying scumbag? It sounds like they've got it in for you. I hope you guys take it further and people get their comeuppance.
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ride_to_die
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PostPosted: 16:57 - 14 Mar 2013    Post subject: Reply with quote

I think she works in the oil industry as does her other half.
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scorps
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PostPosted: 17:00 - 14 Mar 2013    Post subject: Reply with quote

im at home now eating chocolate cake, its not cheering me up but it tastes nice. Im a senior administrator and although there are a lot of jobs up here, i fear my age is going against me. At 50 I expect a good wage and over experienced for a lot of the positions or no idea about the SAP system which the oil and gas industry use.

other half should find another job okay but hes hell bent on trying not to let this idiot win.

For anyone who doesnt know, my other half was so badly injured in a crash nine years ago that its a bloody miracle that he is still here, his only lasting problem is mild dyspraxia, only really affecting his ability to get his speech out clearly when hes under stress.

After spending nearly three years recovering and a further two years not being able to get decent work, he managed to get by via agencies until he went for this interview just under two years ago and they liked him enough to take him on, in that time he has never been off sick, never been late and has worked overtime virtually every day since hes been there.
He is popular with everyone apart from this supervisor and the manager who took over from the one who offered him the job. Im proud of him for what hes acheived when most others would be on benefits, this is why its so bloody awful because if anyone deserves to be working its him.
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alexknight200...
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PostPosted: 17:16 - 14 Mar 2013    Post subject: benn there Reply with quote

Hi Scorps.

Firstly let me say that I empathise with you as have been in the same position as your OH.

The long and short of it is that I was dismissed for gross misconduct.

It was a load of baloney and it was just a way of reducing staff numbers without paying redundancy, they gamble that the cost of unfiar dissmisal will offset what they have to pay out in redundancy etc etc.

Four years on I am very happy in my current jobs (I am 48 by the way, so age should not be a barrier).. and the advise I would give is this.

1. Go to citizens advise and get advise on unfiar dismissal and claiming every benefit you can to tied you over until you get back on your feet. You will be surprised what you can claim.

2. Don't spend all your energies on fighting this, spend your time moving forward.

3. Take this as an oppurtunity to reevaluate your work life and use this time as a way to think about what job you really want. Hey, youmay even want to go back to college or Uni??

4. Remember, shit happens and karma is a wondeful thing.
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Rogerborg
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PostPosted: 17:16 - 14 Mar 2013    Post subject: Reply with quote

'sake, that's truly piss awful. Sad

That's a tough one with Mr scorps. Easy to say "unfair dismissal, cha-ching", but not if it's career limiting.

However, the sooner you get a claim in, the sooner it will be resolved. You can always drop it "amicably" if need be. I'd suggest that you at least speak to a specialist employment solicitor about it.

It's small comfort, but most of us have been or will be there at some point. 4 years ago, my employer just stopped paying us. Not sacked, not made redundant, so couldn't claim anything, but no money coming in - Mrs B farms babies for a living.

As it turns out, it worked out brilliantly: it gave me a much needed kick up the arse and I landed a better job out of it, and eventually clawed back everything I was owed.

I really hope it turns out similarly for you.
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scorps
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PostPosted: 17:23 - 14 Mar 2013    Post subject: Reply with quote

Ive actually said to him, do you want to work for a company that will totally ignore your evidence in favour of a yes man, hes teed off too as he wont be getting his referal bonus for getting his mate a job there, thats a decent amount too. Well the stuffs in the post so we can be more calm about what to do next once weve seen it but we have discussed unfair dismissal, we have been told that what we have already would shred them in a tribunal but we will take it one step at a time. I think its a shock and we like all his workmates have been sat waiting for the "get yourself back to work" call. This has been a whole month of stress for him.
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Polarbear
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PostPosted: 18:46 - 14 Mar 2013    Post subject: Reply with quote

Can't add anything except 'Good Luck' to you both Thumbs Up
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Gunge
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PostPosted: 21:12 - 14 Mar 2013    Post subject: Reply with quote

Sorry to hear the bad news.

From what you said in this thread and the other one about the investigation it would seem the your partner has not had a fair hearing. You cannot defend yourself if the issues being raised against you are not made clear. Dyspraxia is a disability, if it could have impacted your partner's ability to defend himself and if reasonable steps were not taken by the employer to ensure that your partner was fully protected during the review process then that may form part of a complaint.

CAB is one route, but I would suggest you check your home insurance, credit cards anything else which could include free legal cover and get some solid advice. Pay for it if you have to as you will get a good initial opinion without it costing too much.

Being right is not enough for an employer, you need to be right and demonstrate it by following the correct process.

You need to sit down and have a serious chat - did he actually do anything wrong? Do you think he had a fair chance to defend himself? I would not be holding up much hope for getting back to where he was, these things have a tendency to damage relationships. However, if he has been wronged, some compensation can carry you through to the next job.

Get your story straight and only correspond in written form or if at meetings have a witness and take full notes with agreed minutes afterwards.

Good luck.
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scorps
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PostPosted: 23:03 - 14 Mar 2013    Post subject: Reply with quote

in fight mode now, query though, at his interview he said he had an isse with his speech due to his accident, this has never been an issue until he got sideswiped at his investigation meeting.

it appeared to be a misunderstanding due to my hubby getting stressed and starting to stutter etc, we believed it was going to be okay. He was only told today that he was being dismissed, not why and it would be in writing in the post. regardless of this even if he were guilty of what hed been accused of it would be no more than a written warning at most.

once the investigation and disciplinary have been done, can they investigate further as we believe something must have been added without his knowlege for it to be considered gross misconduct.
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Ben_m
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PostPosted: 23:23 - 14 Mar 2013    Post subject: Reply with quote

Sorry to hear your bad news Scorps.

I work in the same industry as yourselves. Is your partner in the union? Unite or the GMB? They should sort this out for you pretty sharpish. I am with Unite and although they are crap at most things I have known them to be good at saving peoples jobs from parasite bosses who just want to make a name for themselves.
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scorps
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PostPosted: 23:27 - 14 Mar 2013    Post subject: Reply with quote

he isnt in a union Ben, the company doesn't like it, however I have told him that the next job he gets, he joins a union and keeps quiet about it. get this, the company is getting rid of someone who in just under the two years that hes worked for them, has never had a day off sick, never been late and works at least 2 hours overtime a day in the week and at least three Saturdays andone Sunday a month, maybe being hardworking and honest isnt the way forward.
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Ben_m
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PostPosted: 23:37 - 14 Mar 2013    Post subject: Reply with quote

It always seems to be the best guys that get binned. I've seen it and experienced it myself. It seems you have to be a gobshite, a bull shitter and be willing to stab people in the back to get anywhere in our industry.
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scorps
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PostPosted: 23:44 - 14 Mar 2013    Post subject: Reply with quote

its a shame eh.
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Rogerborg
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PostPosted: 00:16 - 15 Mar 2013    Post subject: Reply with quote

It's pretty typical. Some managers are petty and thick enough to can the real workers while rewarding the suck-ups. Sad

As long as you've got the sorry saga written down, you should be a shoe-in for an unfair dismissal, but I really would suggest that you speak to a solicitor about it.

I've never brought one in myself, but when it went to shit at my previous workplace, a colleague rocked up with one, and he tore the gibbering cretins a new arsehole, fucked them comprehensively, and then billed them for it. Thumbs Up
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trevor saxe-coburg-gotha
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PostPosted: 04:05 - 15 Mar 2013    Post subject: Reply with quote

hellkat wrote:
Possibly she just doesn't like the idea of it ... if you've been there a while, she knows you're not a pair of layabouts sitting round watching domestic-crisis telly all morning.

Don't let her opinions stop you from claiming housing benefit if you are entitled to it, at least it will pay her rent.


Conversely it could be that if she bought the property through a buy to let mortgage there is a clause that says no tenants on benefits. I have seen this recently. Not sure how common it is, however.
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