Any employment law professionals in here?

[mickydibble]

Any law professionals in here, in particular TUPE understanding? Thnx Micky

[caveman_nige]

not personally, maybe these will help:

http://www.out-law.com/page-448

http://www.tssa.org.uk/article-46.php3?id_article=1382

http://www.employmentlawwatch.com/2009/08/articles/employment-uk/tupe/tupe-and-constructive-dismissal/

http://www.direct.gov.uk/en/Employment/Employees/BusinessTransfersandtakeovers/DG_10026691

[mickydibble]

Cheers mate will have a gander at those thnx

[tshirtman]

I've used E.L.A.S (employment law advisory service) a few times,
there free to use as long as you have a land line, when you call them they will ask for a phone number and a lawyer will call you back,
but they will only call you back on a land line, not mobile, there number is: 0800 854083

you could also try ACAS on: 0845 7474747

[Lainie]

i think i might give them a call. i recently received a written warning for something i dont believe i deserved. i raised a grievance and the grievance was dealt with by the same person who gave me the written warning so no chance of winning that!!

ive since appealed against that but highly unlikely i will win it as ops managers dont tend to go against another ops manager.

thats as far as i can take it.

its "company" policy for the grievance to be dealt with by the same person even though it breaks acas rules. however i cant do anything about it unless i was dismissed!!

[DJSimo]

i think i might give them a call. i recently received a written warning for something i dont believe i deserved. i raised a grievance and the grievance was dealt with by the same person who gave me the written warning so no chance of winning that!!

ive since appealed against that but highly unlikely i will win it as ops managers dont tend to go against another ops manager.

thats as far as i can take it.

its "company" policy for the grievance to be dealt with by the same person even though it breaks acas rules. however i cant do anything about it unless i was dismissed!!

I wouldn't really worry about warnings, I had 9 warnings from a major UK warehousing company, but they wouldn't go as far as dissmissal because they know that employment law protects the employee, and they would have to prove it at tribunal, which leads to press coverage, that large companys do not like, and by the way unions are a waste of time, as the reps are usually employed by same company, so dont like upsetting managers incase they turn on them.

I know its not nice having a warning on record, but if you ever leave they are not allowed to disclose the fact to any future employers, so it is only you and the company that know, also managers are not allowed to say things like "you are already on a warning" to you, and especially not in front of others as this breaches confidentiality, and can also be classed as victimisation, another word that scares employers..

[Lainie]

i dont want to hijack mickys thread but my employer ie a g*v
department sacks people all the time. sick leave policy is 8 days off in a year = oral warning for 6 months, if you are off for more than 4 days in that 6 months = written warning and if you are off another 4 days in that 6 months its dismissal. very very strict but they want to get rid of long term staff so they can pay temp workers.

they have policys for everything - warnings for farting begawd.

the warnings stack so you could get 3 oral warnings for completely different things and they would terminate your employment.the staff turnover is horrendous.

[johnboy1974]

same thing happened to me mate and i ended up leaving the company. i raised a grievance and appealed- acas agreed the company had acted inapropriatly but bottom line is there is nothing you can do unless they actually dismiss you- then you can claim for constructive and unfair dismissal at the employment tribunal.
you cannot go to tribunal just to have a written warning or any warning for that matter overturned.
my advice is to get on with it quietly or just leave.

[billybob69]

acas agreed the company had acted inapropriatly

Ahh, If I had a quid for everytime that I had heard an employee (usually ex-employee) say that they had been told by ACAS that they had a good case, I would be a rich man.

I'm not saying that your company acted inappropriately towards you, but the advice given by ACAS is often well wide of the mark. They don't seem to realise that in employment issues it is usually one employee with limited means versus a rich employer. And money usually wins the day.........

[Lainie]

i cant say too much for obv reasons but i WON my appeal and its been changed from a written to an oral warning. the appeals decision maker agreed that i should never have been given a written warning in the first place. im chuffed to bits. was in tears when i got the letter but tears of relief for a change.

[chroma]

i cant say too much for obv reasons but i WON my appeal and its been changed from a written to an oral warning. the appeals decision maker agreed that i should never have been given a written warning in the first place. im chuffed to bits. was in tears when i got the letter but tears of relief for a change.

The problem is you've just rocked the boat your sitting in Lainie, My last job i won an appeal, got nothing but trouble since that day, i was on the shit list and if anything so much as looked wrong i was hauled in for an interrogatio... i mean meeting.

Took em four years to eventually sack me the 2meeting" room was a second home to me and it wasn't unheard of me to pull 14hr shifts fighting in a room :/

[wfhr]

I know alot about tupe regulations if that helps mate (union rep)

[johnboy1974]

Ahh, If I had a quid for everytime that I had heard an employee (usually ex-employee) say that they had been told by ACAS that they had a good case, I would be a rich man.

I'm not saying that your company acted inappropriately towards you, but the advice given by ACAS is often well wide of the mark. They don't seem to realise that in employment issues it is usually one employee with limited means versus a rich employer. And money usually wins the day.........

billybob acas never told me i had a good case in fact they told me the opposite. They told me the company had acted inapropriatly but there was nothing i could do about it apart from raise a grievance. There was never any issue about tribunal as it was only a written warning not dismissal.

[johnboy1974]

i cant say too much for obv reasons but i WON my appeal and its been changed from a written to an oral warning. the appeals decision maker agreed that i should never have been given a written warning in the first place. im chuffed to bits. was in tears when i got the letter but tears of relief for a change.

well done lainie thats a good result- well done for sticking up for your employment rights.

[Lainie]

well jeeso chroma thanks a bunch!!!!!!!!!!!!!