Stu_22
Member
Registered: 25th Mar 02
Location: Luton
User status: Offline
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My Sister boyfriend has just been sacked along with the rest of his kitchen colleagues including the head chef. The reason they put was bullying and posting the videos on facebook even though the guy being bullied has also been sack and the vidoes show he is not involved and it happened well over a year ago.
We feel its the "companies" way of getting in outside contract catering
Where does he start citizens advce siad he has no chance
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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happens quite a lot - entire kitchen teams, head chef down cleared out. Not necessarily replaced by catering companies, sometimes they replace the team. Almost always on bullying. Not an employment law expert so couldn't say anyhting else tbh
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Mattb
Member
Registered: 2nd Feb 03
Location: Under your sisters bed
User status: Offline
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First port of call is an appeal of the dismissal through the company. If he has any evidence that he wasnt involved in bullying the he needs to produce it then.. A very good peice of evidence would be a signed statement from the person who was bullied.
If the appeal fails (and to be honest it probably will - mine did!) the my advice would be going over the head of whoever dismissed him and write a letter explaining the situation and including any evidence he has to perhaps the owner of the company..
Citizens advice see loads of people who are trying to make out they have been unfairly dismissed when they havent - it helps to have statements from other members of staff etc to back you up.
I have personally been through a dismissal and i got my job back - it took me nearly 2 months but i got there when the owner got involved and they realised they were in the wrong..
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Stu_22
Member
Registered: 25th Mar 02
Location: Luton
User status: Offline
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Thanks for the advice Mattb
He has an appeal next week. We told him to go and speak to a solicitor but the company said a solicitor would'nt be allowed to attened the appeal which I think is bollox
I was thinking about the writing to the boss part as he did give them a Christmas bonus and has always been nice to them.
He is also a big land owner and well known name in the area so may not like some bad press
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jacko198
Member
Registered: 1st Mar 07
Location: Buckinghamshire
User status: Offline
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Phone up ACAS, they are all things employment law, if they cant tell you an answer, no one can tbh!
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mazdaspeed
Member
Registered: 8th Jan 05
Location: Darlington
User status: Offline
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http://www.employmenttribunals.gov.uk/
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mazdaspeed
Member
Registered: 8th Jan 05
Location: Darlington
User status: Offline
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Once the appeal decision is in writing get a claim for the employment tribunals sent off within 90 days.
Once the claim is put in motion, the employee has a right to halt the claim at any stage.
Expect a date to attend a tribunal, and you must prepare your case, evidence or witness statements. It is a very stressful thing believe me I did it myself, but if you are persistent you can get a good amount of compensation. The tribunal can award upto £25k. You may be offered settlement thru ACAS, but dont take the first offer - most employer solicitors give you one offer then nothing until closer to the court date.
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