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1 Nov 2004, 15:48
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#1
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Freedom Fanatic
Join Date: Oct 2003
Location: Doing evil deeds in the name of freedom
Posts: 680
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What are the possible consequences of a company falsifying Employee information?
Specifically, falsifying a written warning against an employee and using that as a reason to dismiss the employee?
In case you didn't realise I just got dismissed on the basis of a 'false' written warning (I've never seen it, knew of it or *importantly* signed it anyway). I have also been denied a viewing of the warning and told that I cant have a copy of it nor a copy of my disciplinary record. I also had no 2nd member of management present at the hearing to take notes as a neutral witness and no 1 weeks notice of dismissal. Not to mention they are dithering over paying me fully and giving me my 6 months accruement of tips.
Arson has never felt so tempting
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The universe we observe has precisely the properties we should expect if there is, at bottom, no design, no purpose, no evil and no good, nothing but blind pitiless indifference.
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1 Nov 2004, 15:57
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#2
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Banned
Join Date: Jul 2004
Posts: 2,442
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Re: What are the possible consequences of a company falsifying Employee information?
Citizens Advice Beaureau already?
You could most likely get legal aid as well, furthermore tell the member of staff that is assigned to your at the job centre that you have been wrongly dismissed and tell them what why where and when, preferrably refer to your CV if you have no previous sackings prior to this employment as proof.
Take them for every penny they have.
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1 Nov 2004, 16:03
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#3
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Freedom Fanatic
Join Date: Oct 2003
Location: Doing evil deeds in the name of freedom
Posts: 680
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Re: What are the possible consequences of a company falsifying Employee information?
Oban's citizens advice is a part-time thing and it isnt open till 2moro .
Thank you paul, sometimes your not a total cock :P
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The universe we observe has precisely the properties we should expect if there is, at bottom, no design, no purpose, no evil and no good, nothing but blind pitiless indifference.
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1 Nov 2004, 16:12
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#4
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cynic
Join Date: May 2000
Location: Bishop Auckland Co. Durham
Posts: 8,809
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Re: What are the possible consequences of a company falsifying Employee information?
screw them completely, you havent signed the warning, the lack of a second person present at your dismissal, you can **** them over completely
i will warn you though, CAB can sometimes just be full of helpful volunteers, so take notes on everything about your dismissal so that you know that everything is right
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lazy
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1 Nov 2004, 16:21
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#5
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:cool:
Join Date: Jul 2001
Location: Here, there and everywhere
Posts: 791
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Re: What are the possible consequences of a company falsifying Employee information?
Just been looking around the web as I'm bored, managed to find this:
How is reasonableness judged?
The following are examples of the sort of considerations looked at by tribunals when determining the question of the employer's reasonableness are:
* whether dismissal was an action within the "band of reasonable responses" for the employer to take in the circumstances
* did the employer have reasonable grounds for believing that the employee had done the act concerned?
* had the employer carried out a reasonable investigation?
* had the employer followed its own procedure
* did the employee know the allegations against him/her and was the employee allowed to put their side of the story
* was the employee allowed the right to be accompanied at the disciplinary hearing
* in capability cases, was the employee warned and given a reasonable time to improve, with appropriate training, if necessary
* in ill health cases, was the employee consulted and his or her doctor asked for a view as to when the employee could be expected to return and his/her ability to do the job on return.
Additionally the employment tribunal will take due regard to such things as the employee's length of service, the size of the employer, consistency of treatment.
Sources: http://www.acas.org.uk/faqs/discipline.html#7 and http://www.dti.gov.uk/er/individual/unfair-pl712c.htm
Good Luck and let us know what happens!
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Danger gleams like sunshine to a brave man's eyes.
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1 Nov 2004, 16:29
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#6
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WANNASEEMYNEWCHAINSAW
Join Date: May 2000
Location: Éire
Posts: 2,738
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Re: What are the possible consequences of a company falsifying Employee information?
From what you describe they dont have a leg to stand on. Don't give up and don't roll over on this one. You'll have their balls in a vice.
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I came, I saw, I shouldn't mix pleasure with carpentry.
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1 Nov 2004, 20:00
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#7
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The Bad Guy
Join Date: Dec 2000
Location: East, East, East London
Posts: 2,107
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Re: What are the possible consequences of a company falsifying Employee information?
What did you do btw?
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I wear my sunglasses at night.
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1 Nov 2004, 20:18
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#8
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NEWSBOT
Join Date: Dec 2000
Location: The enby cave!
Posts: 4,872
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Re: What are the possible consequences of a company falsifying Employee information?
Quote:
Originally Posted by IncubusGod
From what you describe they dont have a leg to stand on. Don't give up and don't roll over on this one. You'll have their balls in a vice.
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[20:27:47] <nodrog-aawy> **** i think my housemate just caught me masturbating
[11:25:32] <idimmu> you are a little piggy arent you
[13:17:00] <KaneED> i'm so closet i'm like narnia
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Pretty parks and funky scrap metal things here
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1 Nov 2004, 21:51
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#9
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Banned
Join Date: Jul 2004
Posts: 2,442
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Re: What are the possible consequences of a company falsifying Employee information?
Quote:
Originally Posted by Rids
What did you do btw?
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Check here.
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2 Nov 2004, 00:31
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#10
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Has Soup On His Head
Join Date: Aug 2000
Posts: 10,095
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Re: What are the possible consequences of a company falsifying Employee information?
You are entitled to a copy of anything written about you by any company, regardless, under the Data Protection Act. If they wont give you it and they say they hold it, speak to a no win no fee Lawyer. You wont get much cash, but them ****ing around on Data Protection alone will **** them horrifically, and if they DO issue you a copy, hey, welcome to wrongful dismissal.
You Win!
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And the Banker, inspired with a courage so new
It was matter for general remark,
Rushed madly ahead and was lost to their view
In his zeal to discover the Snark
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2 Nov 2004, 13:13
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#11
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Para Keet
Join Date: Jan 2002
Location: Scotland
Posts: 96
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Re: What are the possible consequences of a company falsifying Employee information?
Out of curiosity - do you have a contract? If so, what does it say about disciplinary procedures? The fact that you weren't allowed a witness would probably render the disciplinary proceedings invalid as it is. I don't think they can use a written warning as reason for dismissal either - it would be part of a strike system where if you failed to improve/did something bad again, then that would be reason for ANOTHER hearing and then, perhaps, dismissal. You have them by the nads.
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[23:46] <Theamion> i still love you tho
[23:47] <Theamion> you mad scottish bint
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2 Nov 2004, 13:56
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#12
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InSomniac
Join Date: Aug 2004
Location: Durham, England
Posts: 1,473
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Re: What are the possible consequences of a company falsifying Employee information?
you should be able to get legal aid to fund the appointing of a handwriting expert to analyse the document... if you get the backing of the police they will be forced to release the document, if they refuse to then they obviosly have sumthing to hide...
you do have rights, take these for every penny they have
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Runner up in the InSomnia 'Drunkest HC' competition - Currently on the wagon
Elysium | HR | eXilition | OuZo | ND | InSomnia | DLR
db battlegroup founder and spiritual leader
Sexytime HC of Belgians (#s3xytime)
Not so retired anymore....
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2 Nov 2004, 14:11
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#13
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Godfather
Join Date: May 2000
Location: England
Posts: 5,185
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Re: What are the possible consequences of a company falsifying Employee information?
I shall set up a paypal account so that you can deposit 10% of whatever you get for the helpful advice from the people of GD!
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Forum Administrator
Mail : [email protected] // IRC : #forums
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It's not personal, it's just business.
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3 Nov 2004, 01:13
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#14
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so f*cking zen
Join Date: Jan 2003
Location: Hitting Bottom
Posts: 8,499
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Re: What are the possible consequences of a company falsifying Employee information?
YUOSE IS RIGHT NS YOUSE SHOULD WIN
[/advice]
Do i get my money now or later?
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On a long enough timeline, the survival rate for everyone drops to zero.
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3 Nov 2004, 03:22
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#15
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It was a Stupid Dream
Join Date: Jun 2002
Location: Winchester, UK
Posts: 2,077
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Re: What are the possible consequences of a company falsifying Employee information?
They have less of a leg to stand on than an amputee
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