Any of you clever types here specialise in employment law? (rswipe?)
Things just got about a million times more complicated in the saga of Maladicta and the flat.

Mr Maladicta texted me at work today to inform me that his delightful employers have found someone to replace him and will make a decision on whether he's going to keep his job in the next two weeks - conveniently, just inside his probation period.

Their reasoning is that he is "using" them, simply because he wants to move to another town that's no more than 20 minutes away on the train and easily served in the early hours of the morning that he'd need to get there (he works 8am-6pm, for peanuts).

This first came up when we were planning to move to Margate a couple of months ago (again, hardly difficult to get to; I get the train to Charing Cross that runs through from Ramsgate at 8.05 for work, FFS) - he mentioned this to his boss and she threw a total strop at him, calling him selfish and, in not so many words, "oh, you are so fired when I get the chance".

Anyway, it seems like the moment has come, and it could not be at a worse time. We should of course be signing on the flat this weekend. If he loses his job, I can afford to pay the rent on my own for a maximum of about 4 months, and that doesn't include the bills, as I'll be bringing home about a grand a month.

I mentioned this to one of the guys I work with and apparently we have an unfair dismissal case - coupled with the needing to give a valid reason for his dismissal, plus the bullying from his bosses (even if there's nothing for him to do, he can't be seen not doing something, and there is rarely something to do), and his colleagues (he's the only one who isn't Polish, apparently, and therefore he gets left out, people won't help him out when they're asked to, etc). All this has added up to him utterly despondent every evening: he comes home from work exhausted, applies for jobs, then curls into a ball to sleep and do it all over again the next day. I spend the weekends at his at the moment and I hate seeing how down he is every Sunday night dreading work the next day and having to put up with it all for five days; he's exactly like I was about going to school, only worse: it impacts on every area of his life, including our relationship.

So, gentle b3tans... can we go to the CAB and sue the fuck out of them or not? I will take whoever can help us out for a drink.
( Maladicta, Mon 11 Aug 2008, 19:48, 13 replies, latest was 16 years ago)

Can't offer any help.
But have a hug anyway.

*hugs*
( girlinthehole, Mon 11 Aug 2008, 19:51, Reply)

*hugs back*
I'm grateful for all support right now; he's at his and I'm at mine but we're hopefully going to the CAB soon.
( Maladicta, Mon 11 Aug 2008, 20:04, Reply)

This may be entirely unhelpful advice
For some reason I thought to make a decent case for unfair dismissal you need to have been employed for at the very least a year. Unless theres obvious badness on the go (sexual harassment kind of thing) I'm pretty sure the employer can do what they please....
( whenanimalsattackhumans clad in global hypercolour, Mon 11 Aug 2008, 20:18, Reply)

also unhelpful
but if it's inside a probation period then I'm afraid it's likely that there's sweet FA you can do about it.
( Vipros. clever got me this far, then tricky got me in, Mon 11 Aug 2008, 21:40, Reply)

Ouch!
You fella has my sympathy and support, but while he is on a probation period he realistically has no chance.

I have been in a similar situation, albeit quite a few years ago, and have recently seen my niece go through the same.

The best advice I can give. Stick with it and bluff it out until they end it to make sure he does not get dicked on his last months wages then move on.

You will not win if you try to contest it.

Accept that right now and it will save you gods knows how much stress over the next few months. They are the arseholes, not you, so don't let them into your heads.

Yes, employment laws still suck and play into the hands of bad employers but as long as you are a better person than the phsyco who employs you and sacks you, then you are still part of the long term solution, and not part of the problem.

Best of luck to you both.
( RadG Drinking Mojitos in the sun, Mon 11 Aug 2008, 22:16, Reply)

I'm afraid that
while you're in the probation period they've pretty much got you bent over with your pants round your ankles.

From a legal point of view I think that there's the grand sum of fuck all you can do but my only input is to give your man as much support as you can. It's a shit situation and I don't envy either of you - Sorry that this is not much use.
(SpunkyMcSpunkbubble Diddled your nubbin on, Mon 11 Aug 2008, 22:25, Reply)

Sorry,
but he's fucked.

Get him to steal anything of value and crash their network.
( disasterprone "Pyjamas caused the Holocaust", Mon 11 Aug 2008, 23:16, Reply)

^ Thanks guys :(
I'll have a look over the I Quit! QOTW and see what we can fuck up for them if he feels particularly vindictive. Personally I favour prawns in obscure places. Woe :(
( Maladicta, Tue 12 Aug 2008, 0:34, Reply)

Take a bit of time....
and possibly some advice from the CAB and take a good look at CONSTRUCTIVE dismissal rather than unfair dismissal - there's a pretty clear distinction, and as I recall you might be able to get somewhere if you use the former rather than the latter. Bullying employers that think they can manipulate the law in their favour should remember that it's evolved over a thousand odd years and has probably seen off a few jumped up 'managers' in its time. I hope you (metaphorically) arse rape them for every last bean and then go back to rub Fiery Jack into the resulting weeping anal fissure by way of getting it front paged in the local press.*

*Two years ago something strikingly similar happened to me, I legally kicked them in their conniving cnut with my bigshot lawyer friend hobnail boots.
(Oil Slick, Tue 12 Aug 2008, 1:06, Reply)

@Maladicta
I think that perhaps the constructive dismissal piece may serve better than unfair dismissal; if Mr M isn't a member of a union already I'd strongly suggest he join - they'll be able to provide more advice to him of this sort.
(Eds Meds Mathskillz=1,Socialskillz=0, Tue 12 Aug 2008, 3:28, Reply)

..by the way, very important this....
Get him to start making a record of this - just a clear couple of bullet points each day in a journal etc will be enough as a minimum, even better if any of this is written by others or recorded in emails - just bcc any copies or replies to a personal account. It will go a long way to support your claim, also there is a strong likelihood that a decent Employment Lawyer will give you a free initial consultation on whether or not there would be a case to answer, just take a look in your local 'phonebook - you may be pleasantly surprised. Really hope it works out for you as I know exactly how demoralising/ soul destroying this sort of thing can be.
(Oil Slick, Tue 12 Aug 2008, 13:36, Reply)

redundant
"even if there's nothing for him to do"

don't admit that there is nothing for him to do - you are agreeing that his position is redundant!
(Rich T has a clever and witty sig, Tue 12 Aug 2008, 23:59, Reply)

in hammock
In madeira sorry for brevity and lateness! Not an employment lawyer but basic grounds would be wrongful dismissal or unfair dismissal. Constructive dismissal is where employer has acted in such a way as to make you quit then you pursue wrongful and/or unfair.

However you need to have been there a year. If he is on probation sadly there's nothing he can do if they ask him to leave or don't keep him on. All he can do is look elsewhere and work as hard as he can in the meantime. Sorry!

Hope you're all having a good week...
( rachelswipe with a fork, Wed 13 Aug 2008, 11:15, Reply)