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The Unfair Dismissal Laws. And The Human Rights link in.

Comment 4th July 2010

As I'm sure you are aware the 1 year limit before you can claim Unfair Dismissal is a loophole that has been there for a while.  It needs to go.  Seriously.  I'll explain below.

 

You need to be able to do this complaint from the start, like a normal Breach of Contract.

 

The New Labour Human Rights Act of 1998 helped a load of people a lot.  But it only covers you in Employment Law if you are in the Public Sector.  70% of us work in the Private Sector.  So are not protected.

So you can't claim Unfair Dismissal in that first year, and have no Right To Fair Trial.  That's not good.  See below.

Why does this matter?

Here's the exploitation trick.

 

As I'm sure you're aware contractors for short specialist projects cost money.  More than a regular worker as well.  It can get quite pricey.

So what some bosses do is trick graduates into doing 'special jobs' in that first year.  To prove yourself on a 1 year trial etc etc.  And after 9 months or so, once the project is done ( in secret, you do not know this ), they  then sack them claiming they're incompetent.  Even if the work was gorgeous.

It saves the firm a bomb.  As they do not have to hire a contractor ( short term contract and high skill.  It costs them more ), and leaves a graduate or starting-out specialist with a CV with 'didn't even last a year' on it.   Which reads very bad.   They then spread a few rumours locally and that skilled graduate has to leave the area to stand a chance of getting work.  Due to the local Grape Vine.

The 'incompetence' accusation can be utterly made up.  Any appeal is also internal to the firm, so there is no need to back down for them.  As long as they have followed procedure, and it's under a year, the evidence could be a packet of smarties for all the relevance it has.  The allegation can be an utter fantasy.   And you cannot challenge, as you cannot Claim Unfair Dismissal and get it to a 3rd Party for scrutiny.  The Courts will never see it.

And you have no Right To Fair Trial in The Private Sector, so can't force the 'dodgy' evidence issue into a Court Room to get it flagged up.  Dodgy evidence being upheld is not a Fair Trial, but you just can't do it.  And, as such, cannot expose the dodgy boss and save your career and CV.

 

Big stuff eh?  And then you have to leave to save your years of study.  And the area continues to decline, as the way to succeed is to play dodgy and ham-string the talent.

The talent needed to turn an area around.  That are utterly locked out by the management that took the area into decline.

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