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Have you been illegally disciplined or fired?

Disciplinary procedure
Right to be accompanied
Written explanation of dismissal
Wrongful and unfair dismissal

Disciplinary Procedure

Your crew handbook forms part of your contract of employment. As such, the terms contained within are legally binding. With regards to discipline, this means that the company is obliged to follow it’s own disciplinary procedures, except where a single act is cause for summary dismissal. If they want to sack you for lateness, it will be unfair dismissal if they have never given you a warning before. Did you really get a formal written warning? Probably not given that McDonalds managers are overworked and don’t care that much. Were you really retrained on cash handling procedures, were you ever trained in the first place? A note on disciplinary action that results from cash irregularities- if someone else used your till, even once, then you should not accept any disciplinary measure.

Right to be accompanied

You have the right to be accompanied at any disciplinary hearing by another company employee OF YOUR CHOICE. If the person you choose happens not to be at work on the day they want to give you your discipline, then you can make them wait for up to five days until that person is available. By which time they will probably have forgotten all about it!

Written explanation of dismissal

If you have been employed for more than a year then you are entitled to a written explanation if you are dismissed. Great.

Wrongful and Unfair Dismissal

There are numerous reasons why a dismissal could be deemed wrongful or not, but broadly a dismissal is not wrongful where the employer can prove a valid reason, i.e. the worker was a lazy fuck. However, such a dismissal may still be deemed unfair if the proper procedures were not followed. The law is specific that it is illegal to discipline workers for, amongst other things, demanding their rights, for having children, for whistle blowing or joining a trade union.

Continue

Yes I am getting screwed illegally.
No I am being screwed within the law.

These pages are ‘use at your own risk’! We’re burger flippers not lawyers and we strongly recommend you consult a ‘no win, no fee’ solicitor before doing anything crazy. We can also only provide a superficial overview here. More detailed information on employment law can be found at:
www.emplaw.co.uk
www.worksmart.org.uk

These pages are based on UK and EU law but some of the information will be relevant in the US and elsewhere. For information on US employment rights, see:
www.workplacefairness.org

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