eben though you never had a contract of employment, you are still protected under stautory employment law.
Such laws require that in a disciplinary matter which is directed at a specific failing in your area of work, other than those of gross misconduct, theft etc. employees are entitled to one verbal and 2 written warnings. These written warnings should contain the areas of your work that are of issue to your employer and that letter also needs to specify a date when these issues will be reviewed again to see if the issues have been resolved. If there is no improvement in the problems outlined in the 1st written then a 2nd written letter is issued.
Failure to improve or comply with the requests in the 2nd letter can result in dismissal.
2006-10-19 11:27:24
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answer #1
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answered by Anonymous
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NO you can go the the industrial tribunal for unfair dismissal. Even if they had a good reason to sack you it would still be unfair because they have not followed the correct procedure. Not signing a contract is neither here nor there. The vast majority of contracts are not written down and this is still a contract and your employers have breached it in a number of ways.
The only exception is if you have committed a "fundamental breach of contract" this means you have done something so much against the conditions of your employment i.e theft that you have ended the contract yourself so it no longer exists
I see your additional details if correct then you have a good case to take to an employment tribunal and you should win.
2006-10-19 18:25:27
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answer #2
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answered by Maid Angela 7
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There are "offences" that can lead to instant dismissal. It wouldn't matter how long you had worked for them, although If it wasn't something too serious you would have thought that if previously your record was blemish free they would have come to some kind of compromise. If you had never signed a contract then I am afraid that you might not be entitled to rights anyway.
I would get some advice from the Citizens Advice Bureau.
2006-10-20 13:24:19
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answer #3
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answered by Anonymous
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All depends really. Worked as a Union Rep for threeyears so i know a bit of backgroung info. Firstly why didnt you sign a contract, manager or not? The only time they can sack you on the spot without any warnings if it is something really bad. give me more info.
2006-10-19 18:26:21
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answer #4
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answered by fairylandk 3
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If you live in the United States, you would be considered an at-will employee and there should be a policy regarding this in your employee policy and proceedure handbook. You should definitely fight this, especially if you belong to a union- they can provide you with a lawyer
2006-10-19 18:25:59
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answer #5
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answered by mbleier268@verizon.net 2
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It is not legal.
Although your employer should provide you with a written contract, the fact that it didn't makes no difference, So long as they were paying you a wage, they are deemed to have contracted your services.
Contact ACAS without delay, they're great.
http://www.acas.org.uk/
2006-10-19 18:35:01
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answer #6
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answered by Anonymous
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I would definitely talk to a lawyer and see where you stand. You are eligible for unemployment and you may need to polish that resume. The employer needs to be careful as to what he says about you leaving, he can open the door for more lawyers.
2006-10-19 19:30:09
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answer #7
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answered by Anonymous
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Yes, you can be sacked for gross misconduct, when keeping you on will be a danger to yourself or others, to name just two, there are more
2006-10-19 18:33:47
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answer #8
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answered by Anonymous
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Yep I got sacked after 15 years -companies can do whatever they want & call it company policy & get away with it unfortunately!!
2006-10-19 18:23:40
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answer #9
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answered by simple one 3
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You Were sacked - with immediate dismissal -
It is LEGAL!
Its not like ure Retireing or Resigning - U WAS SACKED!
2006-10-23 07:34:40
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answer #10
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answered by Alex L 3
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