Unfair Dismissal

[jassyfa1]

Is this unfair dismissal?

A couple of years ago I was sacked from Southend Hospital for working outside my capabilities. Since then I have worked as a carer in the community with various companies and residential homes. As nursing is a professsional body (NMC) you do not need to be in the professional body to be a carer. In fact as far as im aware nobody who does caring is a member of the NMC.
I have recently started a job for a new agency as a supervisor, and have never been in trouble with the company.
As a member of the NMC I had to go for a disciplanary hearing regarding the incident 2 years ago. The NMC decided to strike me of the registar for 5 years. I explained the situation to the Southend manager beforehand and also told her about the findings afterwards. There was no problems as I have mentioned that the NMC has no control over carers and that is my job.
However the Evening Echo decided to print the case and added a lot of creative freedom to the case.
On Friday the main boss decided I would not be able to work for the company anymore.
is this unfair dismissal? I can not check my contract as I never received one although I have asked for one on more than 1 occassion.

 

[canveyshrimper]

It sounds like constructive dismissal, but I am no expert on employment or contract law. My advice is to consult a solicitor who is, and you should as a priority get hold of the contract or conditions of employment you were working under.

 

[OldBlueLady]

Isn't Aberdeen's missus normally pretty sound on advice in these kind of situations?

 

[pickledseal]

If no written contact is given, a verbal one is just as good... I found out when working at Gt Wakering Sports Centre.
Try CAB, they are usually good.
Can you also claim damages from Echo if they stretched the truth so much and as a consequence you got sacked?!?

 

[Aberdeen Shrimper]

Isn't Aberdeen's missus normally pretty sound on advice in these kind of situations?

She is Kay, she is an HR Manager and specialises in Employment Law. We are going on holiday for a week in caravan in about 10 min but when we are settled, I will log on with my phone and ask the wife to give Jassy some advice.

 

[OldBlueLady]

Good man Dave, have a good week!

 

[Berrichonne shrimper]

Jasyy was you the chap that used to wear womens clothes whilst on duty?

 

[davewebbsbrain]

Jasyy was you the chap that used to wear womens clothes whilst on duty?

Unfortunately I can't give you any more Green at present....made me proper laugh

 

[Berrichonne shrimper]

Unfortunately I can't give you any more Green at present....made me proper laugh

The green would have been un-deserved as it was a serious question.

 

[davewebbsbrain]

The green would have been un-deserved as it was a serious question.

Sorry lol. Wearing a skirt to work surely doesn't constitute working outside of his capabilities though does it?

 

[jassyfa1]

No that wasn't me, that was a porter, I was a staff nurse

 

[number11]

Jassyfa, Not sure I completely understand what has happened to you here but you have my sympathy. In my experience the care industry is a nightmare of employment matters.

My my biggest concern would be that you have said you only recently started your job. You need a minimum of one years continuous employment to bring a claim for unfair dismissal (Canvey - Constructive dismissal is where you resign as you felt you had no choice and therefore were constructively dismissed - but in any event the same 1 years service applies). The main exceptions to needing one years continuous service would be if the dismissal was on the grounds of discrimination (sex, race etc). Otherwise you are only really going to be entitled to your contractual benefits, most likely in this case payment of your notice period.

If the Echo published anything completely false than thats another matter and subject to defamation.....

 

[The Big Shrimp]

If no written contact is given, a verbal one is just as good... I found out when working at Gt Wakering Sports Centre.
Try CAB, they are usually good.
Can you also claim damages from Echo if they stretched the truth so much and as a consequence you got sacked?!?

I tried them in a similar matter & were useless.

I do know that a contract can be written or inferred (spoken) but you should still have a written statement of employment which sets out the basic points of your employment i.e. wages, hours, holiday etc. I might be guessing a bit on the examples, but as my current employer hasn't given me a SOE either I cannot speak from direct experience!