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What if the recording had been made deliberately to use against…

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What if the recording had...
What if the recording had been made deliberately to use against this person. My son has been working for a company for 10 months and has undergone months of bullying from this one individual. this other person was goading my son today.. when my son responded, this man recorded what my son said, played it back to their employer who then sacked my son. is this a fair/legal thing to do? my son has had no previous warnings at work.
Submitted: 8 years ago.Category: UK Law
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Answered in 35 minutes by:
6/17/2010
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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Hi

 

What did your son say?

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Customer reply replied 8 years ago
hello

i'm completely sure, but along the lines of this other person being a waste of time, few people liking him, no one else wanting to work with him, and about his bad attitude towards my son.
Solicitor: Ben Jones, UK Lawyer replied 8 years ago

OK, thanks. Sadly the fact that he has only been there for 10 months will work against him. Until an employee has at least 1 year's continuous service their rights are very limited and they can be dismissed for more or less any reason as long as it is not discriminatory and on grounds of their age, race, gender, religion or a disability. His employers obviously had a reason to dismiss him and unfortunately he will not be covered against unfair dismissal as he just does not have the necessary minimum service.

 

Please press the ACCEPT button to proceed. You would then also be able to ask any follow-up questions you may have. Thank you.

Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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Customer reply replied 8 years ago
surely the other man who did this to my son has got some responsibility to what has happened?? I did not think you could get away with setting someone up in that kind of manner! if it is ok to do that then surely everyone would be doing it? My son has kept a diary about all the times this man has behaved badly.. which included him changing the times on my son's clocking in and out card! Is there no appeal system as there was no disaplinary action made to my son just straight forward sacking!
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
I would be more than happy to assist further but please press the Accept button first. Thank you
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Customer reply replied 8 years ago
ok, i have clicked accept
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
Many thanks! The other man may have responsibility but there is not much your son can do now. What happens to that person is essentially down to his employer. Not everyone is doing it because not everyone knows that they can always get away with it, and often they don't because the employer may also take action against them. Your son can appeal by sending a letter and stating he wants to appeal but they can refuse and frankly there's not that much he can do about it as he just does not meet the necessary minimum criteria to fight this.
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