View Full Version : Got fired today.
Damn :mad:
No warnings, no procedure. I had to meet my boss in a pub carpark and hand over the car keys. Not to worry I'll be getting a weeks notice pay...
If I'd only been there 3 months can I claim unfair dismissal or do you have to be at a job for longer?
arenalife
02-08-07, 06:31 PM
Sorry to hear that, hope you're ok.
I think they can do anything they like at that length of employment.
El Saxo
02-08-07, 06:39 PM
I know that at the firm i work for, all new employees are subject to a three month probation period, during which time they can basically be let go for pretty much any reason. After that there's a fairly long disciplinary process so you'd have to seriously mess up (i.e. gross misconduct) to be fired straightaway.
Sorry to hear of your troubles Razor, hope you get something sorted.
hoodlum
02-08-07, 06:41 PM
http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026692
And.....
http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026689
try that link for the law - that might help - essentially they need to have stuck to contract. Hope that helps. They are entitled to give you one weeks notice for the length of time you worked there, and of course, they could give you pay in lieu, provided it was in the contract.
What did you do to get fired?
Spiderman
02-08-07, 07:11 PM
Aw, that sucks! Been there a few times myself and its never nice so you have my sympathies mate.
And i think you have to be in the job for a min 1yr before most emplyment law applies or kicks in.
Hi, sorry to hear you got the sack.
I'm an employment tribunal representative. You can't claim unfair dismissal unless you have more than one year's service or you are in a "protected category" and you were dismissed in relation to that category. E.g. because of your race, sex etc this list is not exhaustive. Or if you had raised any issues about work, e.g. complained about a health and safety risk, hours of work etc again, this list is not exhaustive.
It would be helpful to know what was said to you when you were sacked. For instance (if an employee has no unfair dismissal rights, most employers can let the employee go on the basis that "things haven't worked out" or words to that effect). It's not like that for employees with more than a year's service, not only do they have unfair dismissal rights, but they also have the right to ask for "written reasons" for dismissal.
In addition, an employer has to have a term in the contract which permits him to summarily dismiss an employee with less than one year's service without regard to formal disciplinary procedures. If there is no term in the contract, then you could have a "wrongful dismissal" claim. This is not as impressive as it might sound. You're argument in respect of wrongful dismissal would amount to the amount of pay you would have received had your former employer followed the contractual disciplinary process, e.g. the time it would have taken to arrange a formal meeting and to allow an appeal against any dismissal. Normally about a week or one week's pay.
Can you let me know what was said to you when you were sacked and if you had raised any issues before hand?
Finally, you are entitled to receive all outstanding wages, these are lying time (if you worked lying time when you started), one week's statutory notice (or one week's pay "in lieu" of notice if your former employer doesn't want you to work your notice, also, check your contract to see if the notice period is more than the statutory entitlement) and accrued holiday pay.
Wideboy
02-08-07, 08:54 PM
:o:o:o same name as me
sorry to here you got sacked though
kwak zzr
02-08-07, 08:56 PM
oh bummer!:( thats bad news:(
Their probation period was a year.
I'd had some time off because my Dad died. I sent him a text in the morning saying I was going to the Doctor for some sleeping pills and then when I got back he told me to meet him.
He turned up with his brother and I kind of knew. The brother would drive my car back to the office.
He ranted for a bit saying I hadn't been doing a few things right regards paperwork, but that was the first time anything was mentioned to me.
Red ones
03-08-07, 05:24 AM
Sympathies mate, on both counts.
Not a lot you can do, Gavin is right.
Screw therm I say! Burn them at the stake (oh and get looking for a new job)
Best of luck, and I always find something better comes up.
SoulKiss
03-08-07, 06:48 AM
I would have thought you MAY have some grounds on the basis of things as you tell it.
Why meet at a pub to do it, not the office?
If they never talked to you about performance issues.
Did they say it was your time off that was a contributing factor?
Maybe ED can add to thism but my advice would be to get down the Citizens Advice and see what they say.
If you REALLY want to get them, is there anything you can counter claim on to make it a discrimination case..........
You have my sympathies about your Dad - and the job, but there'll be another job out there somewhere, Dads are a little harder to find. :(
sucks razor, sorry to hear that dude.
sympathies regarding pops too :(
fizzwheel
03-08-07, 09:33 AM
harsh and totally un-professional on their part. Sorry to hear about your dad.
Have you got another job lined up or something to keep you going in the mean time ?
Pedrosa
03-08-07, 09:50 AM
That is really sh*tty Razor. (My sympathies in connnection with the loss of your dad also)
Is their reasoning justified do you think? Or maybe there are in their minds other reasons for you dismissal?
Whichever way I hope you move on to better things real soon. Good luck.
Sorry to hear about your Dad.
And about the job, unfortunately if you were still in your probationary period I reckon there's nothing you can do, but obviously it looks like Gavin knows more.
Good luck finding a new job quickly. (Don't forget to sign on just in case it drags on).
Fizzy Fish
03-08-07, 11:42 AM
sorry to hear about this
:grouphug:
good luck finding a new job - preferably better paid and for a firm in direct competition with your existing one, which will subsequently destroy your current employers' business and see him have to come and ask you for a job...well you never know ;)
Hi Razor, sorry to hear of your recent bad news mate, keep your chin up, there,s always something round the corner.
Red ones
03-08-07, 04:27 PM
I would have thought you MAY have some grounds on the basis of things as you tell it.
Why meet at a pub to do it, not the office?
If they never talked to you about performance issues.
Did they say it was your time off that was a contributing factor?
Maybe ED can add to thism but my advice would be to get down the Citizens Advice and see what they say.
If you REALLY want to get them, is there anything you can counter claim on to make it a discrimination case..........
CAB will advise that with under 12 months service the employer does not have to give a reason, or even give a warning (weeks notice is warning anyway) - Been there, done that!!!
So sorry to hear about your dad.
If you took time off to make funeral arrangements you may have them, you are allowed time off for dependents or to make such arrangements. In this case you wouldn't need a year's service.
Also, check your final payment of wages. If they're that bad, they may try to short-change you. If they do that, you'd have an unlawful deduction of wages claim.
Email me if you want more advice, I can send you information which will maybe help. Also, if you are thinking about an employment tribunal claim or if you want your final payments checked, I can help. Don't worry about any costs, I wouldn't charge you.
gavinbooth@o2.co.uk
Basically, if there's a way to screw them, I'll find it.
Biker Biggles
03-08-07, 09:13 PM
Employment law is heavily weighted in favour of the employer,and as long as they follow a few basic rules there is little redress for us pondlife.Even if you do have a valid claim you will probably find that what you get will be barely worth the effort of getting it,and will be no compensation for the upheaval of losing your job and income.Far more satisfying and serves basic justice better to get even in other ways if you can think of any that won't land you in prison.
The time off I had I took as annual leave, although I didn't have time to fill in forms or warn them. As it stands I'd actually be owing them money because I had more time off than I had accumulated pro rata.
He did say I'd get a week's pay in lieu of notice.
I don't know if there's any point in signing on, I had 2 calls from agencies trying to place me this week and that's without me actively looking. I know a few people who want me to go work for them and other friends want work done at their houses that should ensure I'll have money at the end of next month.
Is there a time period when I can make a claim, because I really don't want to do anything next week about this situation?
Biker Biggles
04-08-07, 08:17 AM
I believe you have three months to make a claim in an industrial tribunal,and it costs about £50 to register,but you would need legal support and other financial backing to persue it.It takes time as well.
Sorry to hear about your job & your dad.
Looks like you wouldn't have much of a claim for wages. You could still look at your contract to see if they followed their own procedures correctly, if they didn't you may have a claim for wrongful dismissal. Normally you should have got notice of a "formal" meeting (not in a pub car park) with the right to be accompanied by a work colleague or a trade union rep, as well as knowing what the "charge" was against you. At the meeting, you're supposed to be able to state a case in your defense and they should take this into consideration before making their minds up about anything. In addition, whatever the action taken is, you're supposed to have a right of appeal. That's the proper way to do these things. It sucks if you've less than a years service, because there's not much you can do if an employer doesn't follow them.
If you have a wrongful dismissal claim, you need to make a claim within 3 months. You do not necessarily need legal aid, but you would be best advised to get some guidance. Never heard of anyone being charged to register (unless this is something new, I haven't run a case at the tribunals for about a year). If you want a claim form you can register on-line or download a claim form. Employment tribunal website is;
www.employmenttribunals.gov.uk
If you need any help, give me a shout.
Got a new job, I start next month.
Thanks everybody for your kind words and support. Much appreciated :)
Got a new job, I start next month.
Yay!! :D
Got a new job, I start next month.
doing..................?
Luckypants
20-08-07, 09:57 PM
Got a new job, I start next month.
Thanks everybody for your kind words and support. Much appreciated :)
Well done, can't keep talent down you see!
El Saxo
20-08-07, 10:04 PM
Great news Razor :D
That's great, now you can turn your "between jobs" into holiday!
That's good news, tbh prob not worth pursuing any claim agisnt your ex employer, all it will do is give you a lot more aggro and stress for not much compensation.
Better to move forward and be positive.
Sounds like you're best out of a job with bosses like that anyway.
Good luck with the new one.
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