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any employment law specialists?

SpursLodge

SpursLodge

Nicola Berti
A friend of mine is having trouble at his work, he's recently had a new director come in and he's an arse, he's already forced a couple of people to quit and has told my friend that he can either resign or he'll discipline him and then sack him.

I assume this isn't allowed but I know nothing about employment law, what can he do about it? He's tried speaking to HR but they aren't interested.

Any suggestions? Is it legal to tape the new boss saying these sort of things along with his bullish/nasty attitude so that the tapes can be used in evidence in any court case?
 
What can the new boss discipline him for? If it isn't an official warning then it holds no substance, probably trying to flex his muscles. If it is an official warning then HR should be getting involved.

Could join a union. Failing that, tinkle on the door handle of his car
 
I don't think you are allowed to tape people without asking their permission.


If he disciplines him over something he has not done than take it to an employment tribunal. Talk to a union member and tell them what has transpired, that way there is someone else that will know about what is happening if it does come to pass.
 
I think what he meant about disciplining him was that he'd say he's not capable of doing the job so he'll discipline him for not doing his job properly and then sack him for not doing it properly later.
 
No union?

If he is really staring down the barrel he could get ball rolling for the rest of the staff represented and effectively cut this bullies gonads off.
 
SpursLodge said:
I think what he meant about disciplining him was that he'd say he's not capable of doing the job so he'll discipline him for not doing his job properly and then sack him for not doing it properly later.
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He'd still require proof that he's not capable of doing his job. If no such proof exists, he could appeal and take it to a tribunal.
 
I would suggest he follows up every work request or instruction with an email back to the director confirming the request. He also needs to keep a full paper trail of any reports etc he produces to the director. Unless a formal warning is issued there is little the director can do. Advise your friend to use the term " bullying " when talking to HR , I can assure you that will put them on alert.

I have recently left my job after 6 years due to similar circumstances, I have sufficient written evidence to prove they have acted unlawfully. Currently going through a Fair Work tribunal. I expect to get reasonable compensation and an apology soon.
 
Thebarbarian said:
I would suggest he follows up every work request or instruction with an email back to the director confirming the request. He also needs to keep a full paper trail of any reports etc he produces to the director. Unless a formal warning is issued there is little the director can do. Advise your friend to use the term " bullying " when talking to HR , I can assure you that will put them on alert.

I have recently left my job after 6 years due to similar circumstances, I have sufficient written evidence to prove they have acted unlawfully. Currently going through a Fair Work tribunal. I expect to get reasonable compensation and an apology soon.
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This is what I said he should do as well, anything the guy says in a face to face meeting, email him back afterwards and say this is what I understood from our chat can you confirm that it's correct. Might get annoying for everyone but at least nothing gets misquoted and they can't claim they didn't say something at a later date.

As for HR, they are useless, he said that all they kept saying was that nobody likes being told that they are no good at their job and that they'll work with him to help him out. It was all fluff just to cover their own backsides from the sound of it.
 
I dont like HR at all - ultimately they have their own interests i.e. the company as soon as you start a legal dispute with the company HR will do everything to make it look like its your fault.

I would do as others have suggested, and this is from an Audit point of view, fudgeIN COLLATE ALL EVIDENCE. Get it via email everything via email - he may be clever and not respond but you send again and again. He tries to talk about it in person talk to him but confirm things via email. Copy in others if must be.
 
SpursLodge said:
A friend of mine is having trouble at his work, he's recently had a new director come in and he's an arse, he's already forced a couple of people to quit and has told my friend that he can either resign or he'll discipline him and then sack him.

I assume this isn't allowed but I know nothing about employment law, what can he do about it? He's tried speaking to HR but they aren't interested.

Any suggestions? Is it legal to tape the new boss saying these sort of things along with his bullish/nasty attitude so that the tapes can be used in evidence in any court case?
Click to expand...

I'd say fudge him, if he works for a company big enough to have a HR department then they're big enough to have a union too. If he's too stupid/mean/thinks trade union membership is beneath him to belong to a union then tell him to pay a solicitor instead of trying to ponce free advice from those who have paid their dues.

There's absolutely no difference between what he's doing now and a doley claiming a benefit he's not entitled to.
 
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