Employment Law Question??

[A1Mikey]

I was dismissed from my admin job last month for persistent lateness. I had worked their for about 10 months and I am told I cannot claim unfair dismissal. Is this right?...or does anyone know circumstances where it is possible to get around the 'one year' rule.

[ChuckFickens]

It's not possible (unless they dismissed you for reasons of race, sex, age etc)

(and why would you think that persistent lateness is unfair dismissal anyhow, sounds like a perfectly good reason to me)

[chelle7272]

Why is it unfair, if you were persistently late?

[squarebear]

Sounds right to me. You kept turning up late so they sacked you. What do you believe was unfair about it?

[ummmm]

Lol....

[bobjugs12]

Please tell me this is a joke!!!

If you're serious, then please go and give your head a shake!!
You were persistantly late, then got the sack. Rather than being man enough to say, whoops I better buy a better alarm clock, you want to run to the courts like a snivelling five-year old.

Knob!

[A1Mikey]

Calm down!!! I wasn't late everyday!!!!! I was late twice around new year and got a written warning for that (and also for wearing jeans to work) then I was late twice (just twice) in August and got a final written warning for that.....and then (due to the buses) I was about an hour late on one day in early September and was called into a disciplinary hearing and was dismissed. Other people in the company are just as late and they manage to avoid disciplinary hearings etc. That is why I feel it was unfair. Do you agree??????

[squarebear]

You were late 5 times in 10 months and wore jeans to work?
I'm surprised you lasted 10 months.

[ChuckFickens]

So they followed the correct procedures, gave you a warning, and then another warning and then sacked you.

Unfair dismissal is not classed as being unfair for playground reasons (well they done it too) unfair dismissal can only be claimed (even after one year) for reasons such as..

* your employer does not have a fair reason for dismissing you (eg if there was nothing wrong with your job performance)

* your employer did not follow the correct process when dismissing you (eg if the have not followed their company dismissal processes)

* you were dismissed for an automatically unfair reason (eg because you wanted to take maternity leave)

You can be dismissed for reasons such as...

* continually missing work

* poor discipline

* drug or alcohol abuse

* theft or dishonesty

(these are only examples)

constant lateness despite warnings is fair dismissal.