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  1. #31
    photodog is offline Lord High Commander of Upper Broughton and Gunthorpe
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by RichardS View Post
    Interestingly, I filed an ET1 on behalf of a dismissed employee only last year. The compensation I claimed on their behalf was nothing whatsoever to do with their level of earnings. Absolutely no link whatsoever. The Company employed a specialist lawyer from a top London law firm. Unfortunately for them, it was all to no avail and they coughed up big time.

    Richard

    Bollocks, you know as well as I that “unfair dismissal” damages are calculated via the proscribed formula which is entirely dependent on wages. You can go to it now on the .gov website and put in zero as wages and see what it spits out.
    Last edited by photodog; 06-07-19 at 18:52.

  2. #32
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by Quiddle View Post
    When I worked in the Fire Service one of my crew jumped into a dock, against specific instructions not to, in an unsuccessful attempt a rescue a person in a submerged car. He was given, quite rightly, a gallantry award.
    I remember the shocking case of 2 PCSOs in Manchester who refused to attempt to rescue a drowning child from a frozen lake. Having worked alongside members of all emergency services I could mot believe that they had taken this decision.
    No one should be coerced into risking their own life for others but, having done so voluntarilyy, disciplinary action is inappropriate beyond belief.
    This cannot be seen as anything other than ar*e covering by people who place their careers above human life.
    I used to teach dynamic risk assessment and used the scenario of a child trapped in a burning building containing LPG cylinders. I taught that the the law said to not commit rescue crews. Everyone in the room smirked at that concept.
    Anderson 22 Owners Association - For info please ask here or PM me.

  3. #33
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by photodog View Post
    Jesus, it just gets WORSE AND WORSE.
    Don't give up heart, you're doing your best.

    But if you think you're bombing now, let's await the re-reinstatement on appeal as explaining that is going to be tricky for you.

    Richard

  4. #34
    photodog is offline Lord High Commander of Upper Broughton and Gunthorpe
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by RichardS View Post
    Ah, so were talking about "employees" are we now? It's time for you to piss or get off the pot, I'm afraid.

    Richard

    Your the one that’s claiming they should be treated as such, and you would win them a big settlement.

    You don’t think that “volunteers” have tasks and responsibilities associated with their roles?

    Frankly, I think your just blowing hot air and haven’t thought it through.

  5. #35
    photodog is offline Lord High Commander of Upper Broughton and Gunthorpe
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by RichardS View Post
    Don't give up heart, you're doing your best.

    But if you think you're bombing now, let's await the re-reinstatement on appeal as explaining that is going to be tricky for you.

    Richard

    How is it going to be tricky for me? I’m not the one who seems to be saying that he would win a couple of volunteers a big settlement for unfair dismissal...

    I think they should be got rid of. It’s up to the MCA to decide if they want to rehabilitate them into the service or not.

  6. #36
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by photodog View Post
    Your the one that’s claiming they should be treated as such, and you would win them a big settlement.

    You don’t think that “volunteers” have tasks and responsibilities associated with their roles?

    Frankly, I think your just blowing hot air and haven’t thought it through.
    How many times do I have to keep referring to post #1 where it clearly says "I would need to see their contractual details to understand what their actual status is."

    Please can you up your game to the next level as this is getting tiresome.

    Richard

  7. #37
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by photodog View Post
    Bollocks, you know as well as I that “unfair dismissal” damages are calculated via the proscribed formula which is entirely dependent on wages. You can go to it now on the .gov website and put in zero as wages and see what it spits out.
    There are many categories of dismissal and, for some of them, there is no relationship between earnings and compensation. Before you declare "bollocks", you really need to read the written words a lot more carefully .... although that clearly is not your style.

    Richard

  8. #38
    photodog is offline Lord High Commander of Upper Broughton and Gunthorpe
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by RichardS View Post
    There are many categories of dismissal and, for some of them, there is no relationship between earnings and compensation. Before you declare "bollocks", you really need to read the written words a lot more carefully .... although that clearly is not your style.

    Richard
    Yeah, I did read exactly what you wrote... and it was ever so clever that you just said ET1.... which of course everyone knows is the bog standard filing form which covers every type of action that can be pursued in the ET.

    But we were not talking about every type where we??? You specifically talked about unfair dismissal.... so talking about your filing a ET1 had no bearing on that, as you were using that to attempt to somehow substantiate your position that a vollunteer could make a unfair dismissal claim.

    So your claim to expertise surrounding unfair dismissal, based on filing a ET1 and winning, was just as I said.

    And whilst I have not myself made a claim in the ET, or in the previous incarnation of IT, I have as most employers no doubt, had to deal with several from disgruntled ex employees. I’m happy to say I have never lost one.
    Last edited by photodog; 06-07-19 at 19:27.

  9. #39
    photodog is offline Lord High Commander of Upper Broughton and Gunthorpe
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by RichardS View Post
    How many times do I have to keep referring to post #1 where it clearly says "I would need to see their contractual details to understand what their actual status is."

    Please can you up your game to the next level as this is getting tiresome.

    Richard
    Yeah, nicely covered yourself there.

    Gets all Gammon.

    Makes grandiose claim.

    Then backtracks and says he’d have to check the paperwork.

    Reminds me of most Tory politicians. You wouldn’t be Liam Fox would you?

  10. #40
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    Default Re: Veteran coastguards sacked for rescuing car from cliff edge

    Quote Originally Posted by photodog View Post
    You specifically talked about unfair dismissal.... so talking about your filing a ET1 had no bearing on that, as you were using that to attempt to somehow substantiate your position that a vollunteer could make a unfair dismissal claim.

    So your claim to expertise surrounding unfair dismissal, based on filing a ET1 and winning, was just as I said.
    I will repeat this from my first post once again as you simply don't seem to have understood it:

    If these were employees in the normal sense they would be in line for a big unfair dismissal payout, and I'd be happy to represent them in court as the case would be a slam dunk win. They might still get a payout if the MCA doesn't reverse its decision although I would need to see their contractual details to understand what their actual status is.

    Now, where do I say anything about volunteers being able to make an unfair dismissal claim?

    It is the case that some people are ostensibly taken on as "volunteers" and are regarded as such by their organisation but, by dint of their documentation, rewards or activities, would actually be regarded by an Employment Tribunal as being workers or employees and both categories of these do have rights under employment law. However, as I keep saying, ad nauseam, I would need to see that documentation etc to be able to take a sensible judgement on that matter.

    Richard

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