my son has been told he could either be sacked or resign from his job. He has choosen to resign because his boss told him he would give him a good reference! He has only had 1 ofifcal warning (written. no verbals though) and that was 3 months ago for being late to many times.Since then he has not been late but his boss said that he was late by 2 mins the other day. Does anyone know the correct procedure employers have to use before they can sack you. He works as a greenkeeeper for the local golf course.Any help would be great. Thanks.
2006-12-19 05:33:45 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Ok.
The proper procedure is the discipline and dismissal procedure which the Employer HAS to have legally.
Firstly your son should have received a letter summoning him to a meeting, explaining who will be there and why, the accusations against him and the fact that they have investigated the allegations against him.
This meeting, of which the employee is legally allowed to be accompanied by a Trade Union rep or a colleague. The rep can represent the meeting on behalf of the employee but cannot answer questions. This gives the employee a chance to defend himself. The meeting should be neutral and a decision should not be made on the spot.
The employee should then receive a letter within 5 working days of this meeting confirming the outcome of the disciplinary meeting and stating the reasons and the proof found against him. This letter should also confirm your son's statutory right for appeal, at which again he should be accompanied by a Trade Union Rep or colleague.
The appeal hearing should be scheduled and should be conducted as a complete rehearing and not a re-run of the original.
The employee should then receive a letter stating what has been the outcome of the appeal, this can be a lessening of the punishment.
Once appeal has been reached then you have exhaused the discipline dismissal and appeal procedure and you should consult a solicitor to see what options you have.
You need one years' qualifying employmet to be entitled to claim constructive dismissal, unfair dismissal or wrongful dismissal. YOu also must complete this procedure to make a claim for constructive dismissal, -it is a requirement of the Employment Tribunals unless there are exceptional circumstances.
Your son could also simultaneously raise a grievance, again the Employer by law must have a grievance procedure, to aid any constructive dismissal claim.
Hope this helps, i work for an employment lawyer.
2006-12-19 05:54:03 · answer #1 · answered by button_mushroom_x 3 · 0⤊ 0⤋
I take it you are talking about UK law here? If so, you should generally get a verbal warning to start, then a written. Lastly comes a final written warning. Anything after this could count for grounds of instant dismissal. Be warned however, if you son is employed on a casual basis, (i.e no contract of employment, then it is a lot more difficult to make a case. Also, if he has not been working in his position longer than one year he will find it hard to get complain to any union. What ever you decide, I hope it goes ok.
2006-12-19 06:09:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Believe it or not, the "3 strikes" thing is simply a guideline. Your son's boss may or may not have previously given a verbal warning but is still legally entitled to give a final written warning. The disciplinary procedure should be clearly set out in your son's contarct of emplyment. As long as your son signed and received a copy of the written warning, his boss is well within his rights to then ask your son to leave. In actual fact, his boss has been very reasonable by giving your son the chance to walk out and offering a good reference. I would advise your son to cut his losses, gain another job with the decent reference, and get a good watch!
2006-12-19 05:52:14 · answer #3 · answered by Nick J 2 · 0⤊ 0⤋
There is a minimum requirement for grievance and disciplinary matters that are considered as acceptable. This is for people who have been employed continuously for 12 months or more.
This is the ACAS Code of Practice 1 (Revised 2000) Disciplinary and Grievance Procedures.
If he has been there for a year or more and resigns he may have a case for constructive dismissal under these circumstances.
Talk to the Citizens Advice Bureau or a solicitor.
Good luck
2006-12-20 03:50:27 · answer #4 · answered by LYN W 5 · 0⤊ 0⤋
It depends where you are, but generally there should be two notices and a hearing. First notice tells your son the violation committed and the imposition of a penalty (based on established policies) if your son fails to justify his actions. That's where the hearing comes in. Your son should be given the opportunity to air his side, by counsel if he wishes. finally, he should be notified (second notice) of the decision; and if adverse to him, the basis for such decision.
sometimes employers decide to short-cut the process and ask the employee to resign. In some jurisdictions, this will not bar the employee from bringing a suit for illegal dismissal despite any waiver that may have been signed in connection with said "resignation".
2006-12-20 00:10:18 · answer #5 · answered by Ray 2 · 0⤊ 0⤋
Well he should have been given an employee handbook that explain all the rules and procedures.
Many employers go through a verbal warning, after that they go with a written, then they will terminate.
Some will just go with a verbal warning and then a termination. The rules vary by company. He should check with the company.
Also you need to determine whether your state is an at will employment state. If it is at will as long as the employer was not firing due to sex, religion, etc he can fire him for whatever reason.
2006-12-19 05:44:35 · answer #6 · answered by butterflykisses427 5 · 1⤊ 1⤋
In most states, employment is "at will." That means the employer can fire someone at any time for any reason without warning as long as the basis is not one protected by civil rights legislation (age, race, sex, disability, ethnicity, religion, pregnancy, etc). People often do not grasp this. Companies are NOT required to have a system of graduated punishments that they must follow before you can be canned. If they do, however, they must follow them or the firing is grievable simply for failure to follow procedure. Check the company's policy. If none, your son is SOL.
2006-12-19 05:49:10 · answer #7 · answered by jurydoc 7 · 0⤊ 0⤋
The only legal procedure is the one the employer puts in place himself. Your son should have an employee handbook or paperwork from when he got hired that tells the employers guidelines. If he doesn't have this have him ask his employer for a copy. They should provide him with one. Surprisingly employers usually don't have to have justification for firing someone because most people are unwillingly to spend the time and money on lengthy lawsuits for improper termination. I can tell you from an unemployment standpoint that he needs to be able to prove he was unjustly fired if he wants to be able to draw unemployment for being fired. That means he needs to know what their policy is and if his tardiness was enough grounds to fire him. If it's not than he may be able to draw his unemployment without a problem if he has worked long enough to qualify for a benefit amount.
2006-12-19 05:48:33 · answer #8 · answered by F.A.Q. 4 · 0⤊ 0⤋
Sacking Someone
2016-11-11 01:12:56 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Well i always thought it was 2 verbals and a written before someone is fired..or something like that. It has to be 3 strikes.
2006-12-19 05:41:39 · answer #10 · answered by James Dean 5 · 0⤊ 1⤋