Fangoria

iTrader: (1)

Yesterday at Gate Gourmet Heathrow airport the Union told all members to strike in light of the company bringing in replacement workers

Apparently there was an agreement between the company and Union that strike action was unlawful - the result was that everyone on strike was sacked that day

Cleary had people known this they would not have gone on strike - they were doing what their union told them to do

My mother in law was on holiday the day of the action and this morning she received a letter stating that she was sacked yesterday at the point the union action took place (I think that nearly all employees 1000 of them are members of the same union - TGW?)

Issue is that she was not even there! - and the company is automatically assumning that she would have gone with what the Union did (even though she works for the company not the Union)

I would say that such a letter amounts to Constructive dismissal and the company can be taken to the court for emotional distress and damages

Note that the get out clause that they use is:

'as you were not on the company premises when the Industrial action was taking place the company will allow you the right to appeal your dismissal. If you wish to appeal you should do so within 7 days of the date of this letter (letter dated at the point of the action yesterday and received by hand this morning!)

What if she was on hols for 2 weeks!!

All thisd seems very heavy handed and I feel that Gate Gourmet are colluding with the Union to remove some long standing members - i.e. save on a lot of redundancy payments and bring in agency workers - they save £xx millions on not paying the redundancy amounts to more than offsett them for any 'issues' over service standards with BA

Any comments on this greatly appreciated

judgejules

That was from a post of mine in August last year about constructive dismissal so I dont know if any of those people are still there. Its worth a ring though as they're more than willing to offer advise over the phone.

G'luck

Jules

Phil

How can it be constructive dismissal?

She has been sacked !!

Constructive dismissal is where an employer try's to force the employee to resign


I would consult with an employment lawyer immediatly and with respect to everybody on here get factual advice that can be acted on

Hope that helps

TonyFlow

Agreed - Unfair Dismissal would probably cover it!

Fangoria

iTrader: (1)

Ok yeah - unfair dismissal - thats the one
Thanks - solicitors advice will certainly be required

Vlad the Impaler

Stop blaming the company and blame the f*cking union!

You will probably find that the union has the right to act on behalf of its members.

Typical union "strike"mentality.

And people ask why British industry has all gone to ****e....

Luan Pra bang

Airport Unions a run by a load of self supporting gangsters anyway.