Friday, January 8, 2010

Can anyone advice on unfair dismissal cases then you can do yourself?

friend been dismissed for responding to bullying emails from a colleague but she has been dismissed while the bully gets to keep her jobCan anyone advice on unfair dismissal cases then you can do yourself?
The first step should always be to approach the supervisor or the person who wrote the dismissal letter. This may clarify the reasons that were not outlined in the letter. If the outcome is not satisfactory, your friend should look for a lawyer who specializes in employment law, and who would charge only if your friend gets some compensation. In any case, most lawyers offer a free (short) session before accepting the case.Can anyone advice on unfair dismissal cases then you can do yourself?
Your friend has the right to appeal the decision then if she still feels that the dismissal was unfair then she can take it further herself.


First she will need copies all of the evidence presented and used against her and a copy of the companies disciplinary and grievance procedure. In this policy/procedure it should list everything that the company will do to deal with issues within the workplace. Then look on the web pages for acas and if your friend is squeaky clean in all of this she should be able to take it further acas will assist and initially advise but not represent.


Your friend must educate herself on employment law to be able to do this but it is a long process and any money award she will hope to obtain in my opinion wouldn't be worth the effort.


There are employment advisors in the CAB that she can go and see but she wil need to do all of the work herself first and inform them of why according to the law she feels she has been unfairly dismissed.


Next job...join a union all of this may have been prevented.
49 of the 50 states are employment at will which means she can be fired for any reason at any time.


There are wrongful dismissal cases and people talk about them all the time. However, in ';real'; life they are not that common.





What your friend considers a bullying email, her boss may consider ';getting the job done';.





Has she worked there 5 years or more? If less, it will be very hard to prove wrongful dismissal


Has she had glowing performance reviews in the past? If not, that futher reduces her chance.


Has she had performance write ups?


Is she part of a protected class (besides female) - over 40, a minority, etc? If not, there would be no discrimination claim.
There is a free agency called ACAS that can advise her.





http://www.acas.org.uk/index.aspx?articl鈥?/a>





She should be able to find their phone number on the web site.
Get some advice from ACAS. She's wasting her time trying to fight this herself - anyone with knowledge of employment law will run rings round her.
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