Employment Law Advice (North)

[Guillem2]

I know there used to be a few legal eagles posting here so hopefully someone can offer some advice on employment law in the North.

A mates young fella (he's 20) was at home. Due to start work at 5.00pm when his boss phoned him on the mobile at lunch time. The lad answered the phone but told his boss that he couldn't speak right now. The boss asked him was he driving, he said "No I'm having a ----".

He went to work at 5.00. The boss came in at 6.30 and told him to get his stuff he was sacked. No other explanation. The young lad always had a good relationship with his boss and liked the job. He's devastated. He had been working there for 8 months with no bother.
It the boss within his rights?  Is there anything the lad can do? His Da wants him to go back and apologise and ask for his job back. Any advice welcome - before the weekend if possible.

[Dannymcfella]

wouldn't know what to do mate, just intrigued as to whether he said w*nk or sh*t??

[screenexile]

I probably depends what his job is. Did he sign an employment contract? If so he's probably entitled to a verbal warning, written warning type disciplinary system. Of course it could be argued that he was displaying offensive behaviour which could take him straight to a dismissal but I don't think it can go to that for saying you were taking a shit. Either way it would be worth him getting advice about unfair dismissal as I would think most solicitors would have a chat with him about it if he's entitled to some kinid of compensation. As for saying sorry and grovelling? I wouldn't do that. The work environment wouldn't be the same after an incident like that!

[Guillem2]

wouldn't know what to do mate, just intrigued as to whether he said w*nk or sh*t??

The first one. 

Thanks Screenexile. Its a pity it had to end like this as the young lad really liked the job Im not sure he ever signed a contract as its a small firm. To my mind he it should have been a warning first.

[The Iceman]

forget about it - he'll not be back

[The Gs Man]

wouldn't know what to do mate, just intrigued as to whether he said w*nk or sh*t??

The first one. 

Thanks Screenexile. Its a pity it had to end like this as the young lad really liked the job Im not sure he ever signed a contract as its a small firm. To my mind he it should have been a warning first.

Jaysus!  Did he actually use the words? "Can't talk, I'm having a w*nk?"

Thats the height of stupidity.

As for the law around it, depending on his contract he should have most likely been suspended on full pay.  Then brought in for a disciplinary hearing where he would have been able to give his side of the story. Then his boss would take the decision whether to give him verbal/written/final warning, or dismissal.

However, he is most likely still on probation if he is only there 8 months.  His boss might be legally entitled to get rid of him any time during the probationary period by citing "poor performance" as the reason.

Oh, even if he hasn't got a written contract he should still be entitled to the proper disciplinary procedures....unless he's getting cash in hand.

What does he work at incidentally?

[ziggysego]

Verbal warning I would think. I don't think you can be sacked outright, unless it's something terrible.

This lad was erm... well doing something not that terrible in his own time.

[bennydorano]

In a PC environment it could be classed as Gross Misconduct , therefore there's no requirement for verbal or written warnings.  I'd say the young lad hasn't a leg to stand on if he was thinking of tribunals and the like.  Citizens advice bureau should be his first port of call; there are Employment rights booklets available from local Jobcentres and online, but I doubt there's a chapter about w**king.

[brokencrossbar1]

The only way he could be sacked if he did something that was directly related to his work.  If he was sitting in the bosses office having a w**k all over his files well then he would deserve to be sacked. He really shouldn't have told the boss though and if as has been posted he was likely to only be in a probationary period the boss generally has carte blanche to do as he wishes.  In this case, I think the boss is right as he showed complete disrespect for him by coming off with that comment and also he must not be the most clever lad to think he could say that and get away with it

If he really said what you say he said, I think he should out his head down, learn from his experience and just not answer the phone when he's choking the chicken.  

[Dannymcfella]

Why would ya answer the phone in the first place!!! unless it was your girlfriends mate who you secretly fancy

[Guillem2]

Look he's not the sharpest tool in the box and he thought he was being funny. Apparently thats the way he would talk to his mates.

He'll just have to put it down to experience. There are things you may say to your mates that you shouldn't say to your boss.
Mind you I'm sure his boss has heard worse when he's hearing confessions!

[The Gs Man]

 

Very good!!!!  Caught well there.

[Bacon]

 
I take this is a piss take? He didn't reall say that to the PP?

[A Quinn Martin Production]

All employees are entitled to a full statement of the terms and conditions of employment within 8 weeks of the beginning of their employment.  These days this usually contains how the disciplinary procedures work within the company work and the employee is expected to familiarise him/herself with these.  It should also state how long any probationary period is.  These days 8 months is quite long for a probationary period but it could be up to a year.  The guy should ask for a letter stating the reasons for his dismissal.  This one is touch and go (boom boom), the employer could argue it was gross misconduct, the employee could argue the incident happened outside the workplace/work hours.  My gut is the boss is in a stronger postion than the employee. 

Your mate's son is a tosser in more ways than one however.

[feetofflames]

The lad was in the wrong job in the first place.  He could have landed a performance related job in moy Prak.

































The more chickens ye choke the better.