What was his employment status - e.g. was he an employee or some sort of independent contractor? That could also be relevant in relation to enforcing employment rights. I didn't realise that he had actually resigned. However it might be interpreted that he was coerced into doing this. I presume that your solicitor should know better about the legalities than me or anybody else posting here. However do check out the DETE and CI link/contacts.
Did SW tell you this? I think that he should sign on immediately and if there is a delay in obtaining any benefit/allowance payments then SW will tell him. He should not delay signing on unless he has tried already and SW told him to come back later.He has looked into signing on but as he "resigned" he has to wait 6 weeks.
our solicitor has said hubbie compromised his case by resigning. He is also friends with the MD though so we're not sure whether to believe him!
I know it mightn't seem like it now, but your husband's employer actually handled the issue better than most.
I don't think that this is necessarily the case. You may not need independent legal advice although that would probably be a good idea. As far as I know the LRC/Rights Commissioner procedures should not cost much if anything assuming that you have a good case to take it that far.We probably won't go down the legal route as it is so expensive.
I agree with you KalEl. It may or may not be that they handled it better than most but if this still means that they breached employment law and the employee's statutory rights then it's largely irrelevant.That's an outrageous thing to say. Assuming we're getting all the facts this poor guy has been treated appallingly given the service he has given the company.
I'm not sure what, if any, legislation might govern an employer threatening not to give a favourable reference but taken in conjunction with the rest of the company's alleged behaviour in this situation it certainly sounds unacceptable to me. You really need to get onto the DETE and see what they say. Once again, if it was me then I would not be letting this drop just yet.The thing that is worrying us though is whether him taking a case will hinder his ability to get another job. Our solicitor told us that the reference is worth more than any money we could get. And while I can honestly say it isn't about the money we can't afford for him not to have a job! As this is the only job he has ever had he has no other references. Though the manager he worked under when he was assistant manager(who was shocked at the news) has said he will givve him a reference. This would only be on an assistant manager level though. Plus, if put under pressure from the company(he still works there) he might not be able to.
There is so much to think about!
I would just like to point out dats_right that if he hadn't been meeting targets or doing the work then I would agree with you and say the reference plus money is great.
But do you honestly think it's fair that their reason for sacking him was that on the 4 occasions they visited over the last year that once, there was a queue and a couple of other times there wasn't enough stock out in parts of the shop.
If they can do that then we'd all be losing our jobs!!
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