I'm SOOO annoyed.
- Thread starter Squiglet
- Start date
well we went to the union today and it doesn't look very good... Seemingly the letter they wrote, the way they wrote it means that they sacked me for their own reasons and not because of redundancies... If it was redundancies I would have stood a chance, but it doesn't say that..
So we need to take in some more paperwork, but I don't feel that hopeful... This company sells to mainly brits in the UK and has a reputation for being quite a bad company, but that wont stand in a Spanish court so... grrr..
So we need to take in some more paperwork, but I don't feel that hopeful... This company sells to mainly brits in the UK and has a reputation for being quite a bad company, but that wont stand in a Spanish court so... grrr..
European Court of Human Rights, as a last resort, but the reason we're in the EU is standardisation of employment law amongst others.
Also, if they allegedly sacked you for "other reasons" then they should have been made clear to you - if disciplinary then they have to show that they have handled it through proper channels, ie. given you a warning. Otherwise it's unfair dismissal.
http://www.spainlawyer.com/guialegal/gu ... 0500000000
I don't think they've got a leg to stand on - if they're claiming it was organisational reasons then they've hired someone else so that was obviously a lie, and if disciplinary reasons then they haven't followed proper procedure.
I would get a lawyer's second opinion if the union's legal advice isn't what you hoped for.
I know it's the last thing you need, but fight it all the way!
Also, if they allegedly sacked you for "other reasons" then they should have been made clear to you - if disciplinary then they have to show that they have handled it through proper channels, ie. given you a warning. Otherwise it's unfair dismissal.
http://www.spainlawyer.com/guialegal/gu ... 0500000000
I don't think they've got a leg to stand on - if they're claiming it was organisational reasons then they've hired someone else so that was obviously a lie, and if disciplinary reasons then they haven't followed proper procedure.
I would get a lawyer's second opinion if the union's legal advice isn't what you hoped for.
I know it's the last thing you need, but fight it all the way!
Hiya,
Dont know if this will help but I worked in human resources for 2 years
Companies have to keep your contract on file for 3 years after you leave so request a copy of this and have a look and see what the grievance procedure is. For most companies the procedure is vocal warning then written warning then final warning then dismissal. Anyone who is sacked for a misconduct must have this policy adhered to.
Did they pay you for any notice worked? If not, then you have the right to take them to a tribunal for that alone.
You must also check on the end of employment letter to see what reason they have for cancelling your contract. Can you please let me know what it says and I will try and help?
Hope it all works out
Dont know if this will help but I worked in human resources for 2 years
Companies have to keep your contract on file for 3 years after you leave so request a copy of this and have a look and see what the grievance procedure is. For most companies the procedure is vocal warning then written warning then final warning then dismissal. Anyone who is sacked for a misconduct must have this policy adhered to.
Did they pay you for any notice worked? If not, then you have the right to take them to a tribunal for that alone.
You must also check on the end of employment letter to see what reason they have for cancelling your contract. Can you please let me know what it says and I will try and help?
Hope it all works out 
seemingly we only had 20 days to do it in... We've spoken to another lawyer and I should have not signed the documents, but then I wouldn't have been paid either.... I got screwed over good and proper. When I lost my job we spoke to a lawyer and he gave us bad advise and now it's too late... I'm feeling so gutted it's unbelievable.... If anyone here knows of anyone buying property in Spain...come to me first and Ill let you know if its a good company or if it's like the one I worked for.... the least I can do is save people from getting caught up in the big property companies over here and having to pay out for things they don't need too...Thanks for all your support though guys...I really wanted to see this company pay too.. My poor hubby is blaming himself because it was his lawyer who gave us the bad advise and if he had gone with his gut feelings, this wouldn't have happened....But it did... so thats that really...on with the next chapter in my life...
Even though new evidence has only just now come to light? (that your employer hired someone else straight away?)
Seriously, I would not give up on this - you've been taken advantage of because you were ignorant of the law, even though you did everything in your power to find out what your rights were (ie consulting a lawyer).
I would take it to your Euro MP, you'd be surprised how helpful they can be, and they could at least advise you on taking it to ECHR. Just because you signed a document does not mean you waived your basic rights.
There is a directory of MEPs here http://www.europarl.europa.eu/members.do?language=EN
Seriously, I would not give up on this - you've been taken advantage of because you were ignorant of the law, even though you did everything in your power to find out what your rights were (ie consulting a lawyer).
I would take it to your Euro MP, you'd be surprised how helpful they can be, and they could at least advise you on taking it to ECHR. Just because you signed a document does not mean you waived your basic rights.
There is a directory of MEPs here http://www.europarl.europa.eu/members.do?language=EN
How do you wonderful people find this information??? My mum's pushing me down the European Court route. She knows some one who works there and she is going to have a word with her... I'm not too hopeful though but fingers crossed...
My mum's pushing me down the European Court route. She knows some one who works there and she is going to have a word with her... I'm not too hopeful though but fingers crossed...
