i work at a refinery as a security inspector and some one i work with who drives a patrol van just walked off site one day,the procedure is you are supposed to inform someone,failure to do so is classed as gross misconduct.the company in question states this in the rule book.
i have been employed for 5 years at the refinery and 2 years ago we were taken over by anothor security company 47 people from my old company either got sacked for stupid things or found different jobs.
the company that im employed by now has a arrogant manager who wants to bring in his own people and get rid of the old staff,
he is a bully but if you complain he makes your life a misery,
if it states in a rule book that not following procedure is gross misconduct and a sackable offence and this person is still working there can this be right,i beleive the manager of the new company is bringing his own staff in ,and getting rid of the old staff,is he following procedure
2007-07-20 09:59:35 · 8 answers · asked by spartacus 3 in Politics & Government ➔ Law & Ethics
if you are in UK:
you may still be protected by TUPE
however 2 years ago and the regulations may have run out
so you will have to fall back on "constructive dismissal" claim if it all goes wrong, but for this to work you will need documented evidence so start to write everything down, including times and dates
2007-07-20 18:49:58 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Not real sure what your question is. It is legal for a company to have rules that define something as gross misconduct and causes immediate termination. You need to follow the rules or you take a chance of being fired. If other people do not follow the rules and get away with it - that is their business.
Many companies that have been taken over or bought out by another company fire people from the company being taken over, and put in their own people. That is not illegal.
The arrogant manager is not doing anything illegal UNLESS he discriminates against an employee due to age, sex, race, disability, etc. Look at www.eeoc.gov for what is considered discrimination. A manager that is just a jerk to everyone is considered by the law to be ok, it is only when the manager singles people out by age, sex, race, etc. that the manager violates the law.
If you look at www.eeoc.gov and believe that you are being discriminated against contact a local employment attorney.
2007-07-20 10:15:29 · answer #2 · answered by CatLaw 6 · 0⤊ 0⤋
HHave you rad and seen the rule book or said you have. You can not be held responsible for breaking company rules that do not exist. Walking off site in a security position can endanger other people so it may well be gross misconduct.
i would folow the advice of another answerer and make careful notes each dand every time is bullies or breaks the rules himself. for the love of Mike keep the notes at home and do not show them around r
2007-07-20 10:19:48 · answer #3 · answered by Scouse 7 · 0⤊ 0⤋
There are plenty of security companies out there. Sounds like you have one of these "big hat = big attitude problem" bosses and there are plenty of them in the industry. Cut and run. Security is a drastically undermanned industry - I was forever being asked to work 24s and 36s while I was doing it. They can't afford to lose anyone, let alone good calibre people. Resign, giving your reasons (after all what can the d1ckhead do to you?) and you might see a change of manager.
2007-07-20 10:13:49 · answer #4 · answered by HUNNYMONSTA 3 · 0⤊ 0⤋
document every case he has been involved in, ie sacking people etc. even if its in the rule book , i wouldn't be concerned because the law has already defined gross misconduct and I don't think any tribunal would find walking off the premises a sackable offence
2007-07-20 10:09:40 · answer #5 · answered by steve h 2 · 3⤊ 0⤋
I haven't a clue as to the law on this but it sounds as if you may be on a sticky wicket job wise. I should keep a diary of events and any comments he makes to you, stick to facts but make notes on attitude etc. If you get the heave and you think it unfair you may have a chance for unfair dismissal and your notes will be invaluable. I'm surprised that his superiors aren't questioning the high staff turnover. Keep your head down and don't give him any excuse. Good luck.
2007-07-20 10:16:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
"it is a 'sackable" offense" it does not say that you are guaranteed to be "sacked", it implies that you MAY be "sacked"
2007-07-20 10:10:51 · answer #7 · answered by fieryfox59 3 · 1⤊ 0⤋
What is this "work" of which you speak?
2007-07-20 14:34:51 · answer #8 · answered by Sam G 3 · 0⤊ 0⤋