MovieChat Forums > Locke (2014) Discussion > You can't fire someone over the phone an...

You can't fire someone over the phone anymore!

posted 10 years ago by LeonardPine
26 replies | jump to latest

The scene where his colleague tells him the company has fired him on the spot just couldn't happen.

They could only start dismissal proceedings after a full investigation and then it would also have to be in writing. Locke would then have the chance to appeal the decision.

Firing him over the phone would result in an unfair dismissal charge on the company and Locke could sue the pants off of them.

"Perhaps he's wondering why someone would SHOOT a man before throwing him out of a plane"

[–] enigma-lake 10 years ago

Huh? People get fired over automated voicemails (ford company)

[–] LeonardPine 10 years ago

You cannot sack someone on the spot. You can certainly let an employee know that you intend to sack them. But there's a whole procedure to go through.

Making someone's job redundant is another thing entirely.

"Perhaps he's wondering why someone would SHOOT a man before throwing him out of a plane"

[–] enigma-lake 10 years ago

Yea? You read what the hell I wrote. An automated message let hundreds of ford workers know they were being laid off/fired around Halloween. Think someone wouldn't let someone know over the phone? Think again.

[–] Sook-Yongsheng 10 years ago

"An automated message let hundreds of ford workers know they were being laid off/fired around Halloween."

Wow, unreal.

You'd think that would be legally "actionable." There should be something in writing.

Oh, Inspector Morse! What big blue eyes you have...

The Skeleton Twins: 9

[–] enigma-lake 10 years ago

Oh they caught heat for it and people thought it was a joke and still came into work and then couldn't get in. I feel for those people. I can't stand most big corporations.

[–] Sook-Yongsheng 10 years ago

I guess they can get away with it if the employees are temporary/seasonal workers.

But in the scenario you're describing, it doesn't sound like they were. It sounds like they were "permanent" (as permanent as they could be under the circumstances, anyways) employees.

Oh, Inspector Morse! What big blue eyes you have...

The Skeleton Twins: 9

[–] LeonardPine 10 years ago

Not sure what the law is in the USA, but i would imagine the unions would have a field day in court with that scenario!

They wouldn't get away with that in the UK and certainly not the way Locke was fired. And even if they did go through with it he would take them to the cleaners in a court of law.

I think your term of 'laid off' is known as redundancy in the UK.

"Perhaps he's wondering why someone would SHOOT a man before throwing him out of a plane"

[–] William_Hunt 10 years ago

You can perfectly fire someone over the phone, legally. No problem at all and I studied law.

[–] Sook-Yongsheng 10 years ago

No problem at all and I studied law.

Good for you, but did you ever defend a company in a court of law against an employee who sued for being fired over the phone?

Oh, Inspector Morse! What big blue eyes you have...

The Skeleton Twins: 9

[–] Todd_B 10 years ago

In what country, this film is set in England. I'm assuming (could be wrong) that labor laws in England are stronger than in the US

[–] marlarkey 9 years ago

In the UK you can't be summarily dismissed over the phone.

[–] 9 years ago

[deleted]

[–] somesunnyday 10 years ago

You can sack someone on the spot for gross misconduct.

[–] LeonardPine 10 years ago

And that employee you've sacked on the spot has a right to appeal

"Perhaps he's wondering why someone would SHOOT a man before throwing him out of a plane"

[–] malcolm-smith 10 years ago

Quite. I would say that leaving the company in the lurch on the night before such a poor is grounds for instant dismissal.

No court in Britain would come down on his side in such a case.

[–] andyd-1 9 years ago

that's right, if he did sue then they would be selective about what they said to Locke, they would re-phrase it all in more formal legal terms, for example, 'I ask you to cease all work activities immediately pending an urgent inquiry for which I believe there is evidence you will be dismissed' - I think a court would accept that in the heat of the moment 'you are fired' actually means all that.

[–] marlarkey 9 years ago

He could claim unfair dismissal on grounds that he was suffering mental illness... a breakdown caused by the stress of the circumstances, and that his employers were negligent in not adequately managing the risk of key employee absence or incapacity.... after all how were they going to carry out this operation if Locke had been taken ill or died in an accident.

Reliance on key personnel is a key risk in any large scale project and must be mitigated against and there should be contingency plans in place.

[–] marlarkey 9 years ago

Not in the UK you can't.

You can be informed they intend to sack you but that is not the legal process.

Its true of course that the americans (who can fire people on the spot) thought they could fire him just like that.

[–] jav4927 10 years ago

Maybe he wasn't an employee. He could have been self emplyed,

[–] tomby10 10 years ago

Most guys, including construction managers, in the UK are week to week employed so I'm surprised they even bothered to call to let him know he was fired.

[–] emvan 10 years ago

Obviously, "you've been fired" means "they intend to fire you by whatever legal process is in place, and obviously they will succeed because they have a legitimate reason, and in the meantime, you've been removed from your position overseeing tomorrow's job."

Would Locke have needed to have that translation made for him? No.

Would it have made the movie better to spell all that out for the benefit of overly literal viewers like yourself? No.

Prepare your minds for a new scale of physical, scientific values, gentlemen.

[–] TheRockStone 10 years ago

Meanwhile, back at the ranch! In America we fire people over the phone, voice mail or fax! Cuz in America its the best man for the job.

[–] biggiebaby 9 years ago

Huh? What America do you live in? It's affirmative action and playing the race card.. I'm 47 yr old white male recently pushed out of my job of 16 yrs, because the black client wanted a minority in my position..thanks liberal America!

[–] biggiebaby 9 years ago

Maybe you're European...? In the US he would be fired for gross dereliction. And since he was in management, union rules probably wouldn't apply.

[–] andyd-1 9 years ago

I don't agree, not at that level, saying he was sacked means they were going to complete the formal process of summary dismissal at the earliest opportunity, you can't stop that, but you can try to get further compensation

[–] marlarkey 9 years ago

The company were negligent in being so reliant on one person and not having sufficient mitigation or contingencies in place to cater for the incapacity of key personnel.

BUT... Locke was absent and the project went ahead as planned wouldn't have been as good a film.