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Unfair dismissal!?
Can anyone help, or just some advice would be good.
My brother and I have worked for my uncle in a local business for nearly ten years.... my brother decided he wanted to start his own rival business , not having much of a relationship with my uncle and left, but because he is starting a rival company my uncle, even though it would be detrimental to his own company sacked me too saying there is nothing he could do, he could not trust me,cos I am so close to my brother, and any tribunial would agree with him undoubtably.
Surely this is unfair dismissal, 10 years...... I know alot of people will say that I should go in with my brother and I suppose I have no choice he has forced my hand!! I would be grateful for any opinions.
9 Answers
- nealo dLv 51 decade agoFavorite Answer
Your uncle is no doubt thinking in terms of 'conflict of interest'.
This would seem like a fair point, except for two things:
1- You have had no part in the creation of this difficult situation,
2- The fact that you have been a commited employee of your uncles firm for ten years, and the fact that your uncle is also close family, would mean that it would be mainly in your interest to remain loyal to your employer.
I can't really see that your uncle's paranoia about what you might do would be seen as just cause for dismissal.
It would certainly be in your interests to speak to a solicitor specialising in employment law (I have some knowledge, but I'm not an expert), as I think you have a very strong case.
Source(s): I have been a union rep, and company staff rep for a number of companies. - 1 decade ago
This is definitely unfair dismissal. Speak to the CAB or solicitor. Many solicitors now do free half hour consultations and seeing as you are now unemployed you should be entitled to legal aid.
Uncle or not, he still shouldn't of treated you like that.
- 1 decade ago
I think that if you proceeded to a tribunal, they could find you have been dismissed unfairly. If you are a member of a trade union they will be able to offer advice and assistance and refer you to a solicitor. Alternatively, speak to a solicitor direct who specialises in employment law.
- Tufty PorcupineLv 51 decade ago
Yes, this would constitute unfair dismissal - if your uncle has failed to go through the correct disciplinary procedures then it is automatically unfair. Added to that, you have done nothing wrong!
Source(s): ex union steward - How do you think about the answers? You can sign in to vote the answer.
- Anonymous1 decade ago
Well, different states have different laws. In California a employee can quit his job anytime and the employer can fire him at any time for almost any reason. Your uncle may have made a mistake for telling you the reason. If you apply for unemployment and get it, maybe you should try to take him to court.
- pirate_princessLv 71 decade ago
this is unfair dismissal, try speaking to your uncle again, if this gets you nowhere try CAB or solicitor
- Grand paLv 71 decade ago
You may be in conflict of interest working for your uncle.. sorry but i agree with your uncle...
- Anonymous1 decade ago
contact your union, they will be able to advise on the correct course of action
- DennistheMenaceLv 71 decade ago
hes not obligated to have a potential spy running a muck in his company...
