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  1. #1
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    Default Getting the sack from a job..

    My Thai wife works as a home help.Last week her employer phoned me up to tell her she was going to get a written warning about not being up to standard with her work.She didn't phone my wife.She expected me to tell her.A day later her employer told another of her home helps that she was going to sack my wife. This other home help told me and this made me furious.
    I went to see her employer to complain about this type of behaviour.I also informed her that my wife has had to leave her workplace on numerous occasions because her employer smokes in her presence.I told her smoking in the workplace is against the law and applies to the employer as well as the employees..
    My wife has now been informed by text not to go to work tomorrow and to hand back the key to the employer's house. Her employer has told her other home help that my wife has lost her job..This is clearly in breach of her terms of employment..She has not been given a written warning yet and then she must be given another warning before she is dismissed..
    So please give me some advice..I could tell my wife to walk away from the job but why should she .Her employer is completely unprofessional in her dealings with my wife and a bully to boot.

  2. #2
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    I sympathise with your position but I think at the end of the day, you have to consider the amount of stress fighting her employer will be. I'm pretty sure the job centre or Citizens Advice can advise you of where you stand on this but there is some information here:

    https://www.gov.uk/dismissal

    The key point seems to be how long your wife worked for this employer.

  3. #3
    Forum Regular สมาชิกประจำ
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    You're right really..The amount of stress involved is not really worth the aggravation.

  4. #4
    Premium Member KhunIanB-UK's Avatar
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    If it's knocked/dented your wife's confidence, it could affect getting a future job, the boss has been a bully and you have a good case then it could well be worth a follow up even if it's via a no one no fee based solicitors

  5. #5

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    It's very hard for an employee to claim unfair dismissal if they've been employed less than 2 years.

    One of my bosses told me that when I started and took great delight speaking to people like he was lord of the manor He got moved on eventually after being too heavy handed.
    The clock on the wall reads a quarter past midnight

  6. #6
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    Quote Originally Posted by tudorowen1 View Post
    You're right really..The amount of stress involved is not really worth the aggravation.
    One thing here that you could turn to your advantage - your wife is going to need references - jeez they even want CV's for bar staff these days!!

    If you decide not to take things further, go see her employer, tell them you won't take things further provided they agree to give your wife a good reference.

  7. #7
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    It's a difficult one because morally you definitely have a case against this employer who has treated your wife very unfairly.

    That said, I agree with most of the other posters: it's not worth the stress and hassle to argue that it was unfair dismissal.

    I would write a formal letter of complaint expressing how disappointed I am about the way that my wife has been treated. Finish the letter by stating that even though you have every right to pursue a case of unfair dismissal, it is perhaps in the best interests of both parties to draw a line under this affair and move on amicably. State that your wife will be seeking alternative employment and that a reference will be requested.

    It certainly isn't fair as your wife was treated really badly but it's probably the best course of action to take. Life is just way too short to spend fighting these battles.

    Anyway, good luck with whatever you and your wife decide to do.

  8. #8
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    A friend was asked to access a philipino member of staff in the nursing home she works in, management said she was falling behind with her duties, they presumed she was was being lazy.
    My friend knew other wise and brought to management's attention that the level of care she was giving and her attention to detail was so great that she couldn't manage the work load. Allowances were made for the younge philipino to continue at her pace and eventually she gained promotion.
    My point is that other nations have different work ethics and this causes misunderstandings. Communication is key at times like this .... if your wife enjoyed the job then maybe a sit down and chat with her employer is needed to fully understand the situation.
    If no common ground can be found then shake hands and move on to fresh pastures.
    Hope it all works out

  9. #9
    Premium Member caller's Avatar
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    You haven't said who she was employed by. I don't mean the name, but is it one of the large companies involved in management of care? If so, they will have a HR Dept. and be aware of the correct processes needed to be followed and the problems that can be encountered if they're not. I would be seeking a meeting with them.

    On saying that, I think this is an industry that treats workers pretty terribly. I once helped someone who was facing a disciplinary hearing based on a single report by what only one other person allegedly claimed they saw. So one persons word against another really. I had considerable experience of such hearings and from what I was told happened and the subsequent outcome, I saw it as little more than a kangaroo court. In some respect a decision was made based on how this would appear to the body that inspected care homes. They were subsequently shocked when this lady handed her notice in and did all they could to convince her to stay, as she worked all hours, often covering absences and so on, but she had lost all confidence with the company. She had an NVQ in Care working, or whatever the title is and was quickly re-employed elsewhere.
    'Tis me

  10. #10
    Member สมาชิก Essex boys's Avatar
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    As far as I'm aware an employer is not allowed to give a 'bad' reference, they can refuse to give a reference and the new employer can interpret that however they want. There is a very good forum called cag, if you type that into a search engine you should hit on the site, they give consumer advice, and also employment advice, they are very good and it's free, you don't have to join but it's better if you do. I think it's called citizens advice group.

  11. #11
    Premium Member caller's Avatar
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    Quote Originally Posted by Essex boys View Post
    As far as I'm aware an employer is not allowed to give a 'bad' reference, they can refuse to give a reference and the new employer can interpret that however they want. There is a very good forum called cag, if you type that into a search engine you should hit on the site, they give consumer advice, and also employment advice, they are very good and it's free, you don't have to join but it's better if you do. I think it's called citizens advice group.
    They can give a bad reference as long as it is factual and can be substantiated.
    'Tis me

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