Not logged inChampdogs Information Exchange
Forum Breeders Help Search Board Index Active Topics Login

Find your perfect puppy at Champdogs
The UK's leading pedigree dog breeder website for over 25 years

Topic Other Boards / Foo / Any Legal Eagles out there?
- By Granitecitygirl [gb] Date 20.12.08 23:38 UTC
Got some really bad news today and I'm trying to figure out where we can go from here.

My mother has been booted from her job, after putting in her notice to move up here from Glasgow.  The term given was "Gross Dismissal" for the reason of "Gross Fabrication".  This is a very large, very corrupt organisation in Glasgow, of course we can't prove that.

Basically, the gist of it is, mum raised a grievance about a male member of staff who was behaving inappropriately near her.  The gentleman in question is "well in" with the senior management however.  I believe my mum when she is on about something as serious as this.  If she says he was doing things he should only be doing in the privacy of his own home, then it happened.  I cannot understand how this can be twisted the way it has.

Any advice would be greatly received.  Mum is obviously gutted, she can't get a reference from the job she has held for the past 5 years.  Finances are very very slim now and more-so since this wicked twist.  I'm going to see mum tomorrow, I can only be strong for her.  I have suggested employment tribunal but mum says that apart from the twist, they have done everything by the book with regards procedure.  I'm so angry.  I don't know what I can do. How can they prove she lied if it is his word against hers?
- By Schip Date 21.12.08 00:39 UTC
I'd still go and seek legal advice, companies are using this excuse too often if the Grievance has been raised within Human Resourses then she can start herself by making Data Protection Act or  Freedom of Information Act requests, they only have 40 days to act on a DPA Subject Access requests costs £10.  A solicitor can do this for you or she can do it herself and take the resulting documents to a solicitor re industrial tribunal.

"A Subject Access Request (Subject Access Request), is used to obtain all records about yourself from a certain company that they hold under the data protection act 1998.
When a company holds information about someone they must register with the data commissioner and abide by the act. Under the DPA98 you may request all information held (certain exclusions apply such as police etc) with the company charging a max of £10.
If they fail to send you the information within a certain amount of time (40 days I think), you can report them to the to data commissioner."

http://www.ico.gov.uk/Home/what_we_cover/data_protection.aspx

Common causes of Subject Access Requests are: Employees / ex-employees

a. Providing historical information relating to insurance and health claims
b. Making claims of unfair dismissal, sexual / racial discrimination, harassment etc.
- By Blue Date 21.12.08 03:15 UTC
Consult a very good employment Lawyer who specialises in this field.

It won't be gross dismissal it would be dismissal from gross misconduct due to their "claims" of her gross fabrication.

The good thing about cival law is it is measured on the balance of probability if their is reason to doubt the employers story it generally works well for the former employee as it is often ask why the person would make things up.

One thing that is hard and must be remembered as really it is on compensation that you recover but it is often a process people still choice to go through as they feel they have stood up for themselves rather than be the victim.  

A reference can be made as part of any deal if a settlement is made out of court or if a tribunal found in her favour.
- By Granitecitygirl [gb] Date 21.12.08 10:17 UTC
Thank you! Thank you both so much!  The world of dogs is all-encompassing, I knew someone here would be able to help.

Thank you again.  Operation Reference is under way! ;-)
- By Schip Date 21.12.08 11:18 UTC
Good luck to you and your mum - it will take time and be a lot of work but as has been said Civil law puts the level of proof at a more reasonable level compared to crimial law.
- By bettyonthebus Date 21.12.08 11:37 UTC
I'd suggest your mum gives ACAS a ring as well - http://www.acas.org.uk/index.aspx?articleid=1461 - they're really very good and although they may well be very busy this time of year they'll be able to help and advise your mum on what she should do next.
- By Granitecitygirl [eu] Date 22.12.08 09:17 UTC
Cheers again.  Saw mum last night and got a bit more info.  Officially she is on "suspension on full pay" until her notice period runs out.  As stated previously she is moving up to Aberdeen from Glasgow.  Mum is going to do a Freedom of Info Act as suggested, to see what exactly they have on file about her, will be interesting to see.  However her main concern is this chap, who has now been vindicated by 6 managers!  I don't think mum has told me the whole gorey details of what this guy has done.  He is going to escalate, that's how he gets his kicks.  The fear now is how far will he go?  Anyway, it's only a matter of time.  Then this organisation will deny all knowledge that they had any inclination about this guy.

Thanks for your advice, I will pass it on.  I did offer to go undercover lol and wear a wire.
- By Whistler [gb] Date 22.12.08 10:36 UTC
Go to a tribuneral get in touch via Job Centre go in explain what happenede and go for it. This type of intimidation should not be allowed, give your Mum a nice cuddle tell her youre with her all the way. It should not cost a penny and she should (at the very very least) get a reference, it may come down to one word against another but they cant prove your Mum wrong.
Go on go for it, its worth the trouble.
Topic Other Boards / Foo / Any Legal Eagles out there?

Powered by mwForum 2.29.6 © 1999-2015 Markus Wichitill

About Us - Terms and Conditions - Privacy Policy