Been to an employment lawyer but he can do nothing as it is intercompany politics. He is terrifed to return to work as he is currently off sick from the stress.
2006-10-06 07:30:28 · 13 answers · asked by Freda 1 in Politics & Government ➔ Law & Ethics
They are making out he has done fraud, but it the manager that is fiddling the figures, but no one is listening, as they put that manager there to get rid of the men before redundancies have been announced so they do not pay out. He has never had any time off in 35 years until now and will probably go back next week if the doctor says he can. Many men have been treated the same and acas has 8 cases from this branch awaiting. It is evil and wrong but if you cannot afford to be unpaid for 6 months, they get away with dismissing you unfairly.
2006-10-06 08:39:18 · update #1
it sounds as if its a case of constructive dismissal, you need to seek legal advise as soon as possible, with a view to taking your case to an employment tribunal,
the first thing that your legal representation should pursue is what is called an ex-parte hearing to request an Anton Pillar order.
ex-parte means on his own, without the side.
Anton Pillar order means his legal representation may enter the premises and secure all relevant paper work in order to protect it from destruction.
Your Husband must not take anything including paperwork as has been suggested by other writers because it would Theft.
Simply put paper is tangible property belonging to the company.
S1 1968 Theft Act states a person will commit an offence if;
there is; The dishonest appropriation of property belonging to another with the intention to permanently deprive.
Go to a Lawyer now
2006-10-06 14:06:50 · answer #1 · answered by pcg2645 2 · 0⤊ 0⤋
You don't say what he is being "framed" for.
As for the employment lawyer - he does not sound particularly caring or good to me. Surely if the boss is trying to get rid of your husband, this could be construed as constructive dismissal - and if the company is closing down, the boss thinks he is going to get away without having to pay any redundancy or whatever. That's if he can afford to.
He must write down everything that has happened to him, any witnesses etc. and go and see a DECENT employment lawyer or Citizens Advice. Whilst he is away from work, they can scheme even more!!!!!!!!!!!!!!!
2006-10-06 15:14:17 · answer #2 · answered by Sally J 4 · 0⤊ 0⤋
Your question wasnt very clear, what wree you asking?
Youa lso didnt state what your husband does, so try to be more specific :)
My suggestion to you would be to try to find someone who specialises in intercompany policitics (if this is possible??) Im sure other people have had similiar experiences.
I am presuming, that as the company is closing, they obviousley dont want to shell out huge redundancy fees or elsewise-so they are firing to save money-which of course is illegal.
If you or your husband has any evidence as to the mistreating, and oyu think you may have a case, bring it to court-or before it gets to this point, threaten legal action, if the company do not stop their behaviour.
(Only do this once you have evidence though, as a back up plan).
Ask other employees whether they are experiencing the same treatment-as too many firing will look highly suspicious-and is more likely to be looked into than an individual case.
If your husband can ask his collegues or friends that he works with if they have inside information or have also experienced it, then this may also be useful.
Keep all letters in regard to employment and termination of employment safe, and everything work related in a folder if you can, so that you can bring it to court is necessary.
Dont be afraid to take legal action on this, as your husband has (as you have said)given 35 yeas of his life to this company-so this is the least you should expect.
Also think over whether there could be any possible cause (other than the company closing) for why they are trying to fire him. Think of all of the options beforehand-and before they make their move. See if you can be one step ahead of them.
If they are doing anything illegal report it to the police as and when it happens, which may also help you in court.
Try to get a few witnesses to back up your claim.
There are lots of legal solicitors etc who offer a no win, no fee claim etc, and likewise, only take money fromt he other side, if a case is won-and not your own pocket, so their is hope financially.
If you husband is terrified to return to work-i dont blame him, but hiding indoors is not going to solve anything-i know all too well how easy it is just to bury your head in the sand and try to forget-and his absence from work alone-they could use to fire him, so you need to seriously think about this. Donot give them any excuse!
If your huband is stressed, then obviousley this is an issue. Try to reassure him as much as possible and just let him know that no matter what happens you are there by his side, thick and thin which im sure you are :)
Donot give up and donot back down, stand strong together and fight this company, as they have no right to do this to peoples lives.
I would suggest that your husband also went to the doctor to helpt o relieve his high anxiety and his stress levels (whether this is through medication or by other means). This way your doctor will also have it on record that it is work related stress, and you will be able to get a doctors note in proof of his abense.
I hope this helps! please feel free to email me (through the yahoo 360 page) if you want any futher information!
Helen Louise x
2006-10-06 14:44:58 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If your husband has evidence of fraud then go to the police. It is a criminal offence.
If he is not in a union then tell him to join one now.
There are very strict laws about redundancies and how this is done and who is selected etc.
The solicitor should have advised your husband of his rights as a minimum, if he didn't then it was a bad solicitor.
He needs to talk to the other people in the company that are suffering in the same way and compile evidence.
Good luck
2006-10-07 04:31:30 · answer #4 · answered by LYN W 5 · 0⤊ 0⤋
I would suggest he makes every effort to get back to work. Many employers, now, use a 'capability procedure' to deal with people who are off work for an unreasonable length of time. This can result in dismissal, and it doesn't really matter what he's been off with. If he's off with stress, it may even work against him, as his employer may suggest that he's not capable of doing his job, as he can't take the associated stress.
2006-10-06 14:41:27 · answer #5 · answered by cheaper_bills 3 · 1⤊ 0⤋
If the company is closing, isn't he going to lose his job anyway?
I don't understand the problem. Your husband is refusing to go to work, the company is closing AND he feels they are "framing" him to get rid of him?
Hon, if the company is closing ... they are getting rid of everyone. If he continues to refuse to go to work, he will be the first to go as it will be clear that they can function fine without him.
Rather than wallowing in all this self-induced "stress", your husband should be working on his resume and looking for another job.
What is it you feel a lawyer can do for you? The company is closing and they are under no obligation to keep the company alive so your husband can continue to call in "sick".
Get real.
2006-10-06 15:26:49 · answer #6 · answered by BoomChikkaBoom 6 · 0⤊ 1⤋
There isn't much that you can do. It must be devastating for him (and you) to watch as this goes on. Unfortunately, this has been going on all over the country for many years now.
He's just going to have to go with the flow until it has been decided for him to leave or he quits. Quitting is probably what they want him to do, but if it's affecting his health - nothing is worth such a sacrifice.
2006-10-06 14:42:44 · answer #7 · answered by Paige2 3 · 0⤊ 0⤋
Document everything...even meetings with his immediate supvr.
take the Originals of performance reviews OFF the property.
Document everything that may relate to frame-up
This may be a case of age discrimination or maybe they want rid of him due to his or the family's medical costs. That happened to me..high med costs=no job for manufactured 'reasons'.
Documentation is your best bet followed by a +competent+ attorney. The one that you talked with apparently just didn't want to do anything for his money. Discrimination and harassment cases require more than just filing a brief and some are too lazy to do more than that.
Good luck
2006-10-06 14:41:16 · answer #8 · answered by credo quia est absurdum 7 · 0⤊ 1⤋
Keep records the company can be charged with "constructive dismissal" in other words the company have deliberately sought ways to terminate his contract
2006-10-06 14:37:14 · answer #9 · answered by Anonymous · 1⤊ 1⤋
Keep really good records of everything
Get copies of all employment reviews from human resources
2006-10-06 14:35:12 · answer #10 · answered by BigD 6 · 1⤊ 1⤋