Dismissal advice please.
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[Deleted User]
Posts: 7 Forum Member
Hi everyone, first of all thank you to everyone who responds.
I'd really like some advice after recently being dismissed from my job.
I had been employed only just over 9 weeks.
I called in sick as I wasn't well on Tuesday 26th august.
I rang in again on Wednesday an Thursday an advised I would be back Friday.
At lunch time Thursday I was called an just told "your gone" without really giving me a reason.
I assumed it was because I was ill so left it at that but I just wondered if they can do this?
I've done a little research an someone correct me if I am wrong but I wasn't let go for gross misconduct ; so I just wondered if they can get away with this?
To top things off an the reason im looking at taking things further has been compounded by the fact that I was expecting my week in hand an any holidays owed but I was only paid for holidays owed an not my week in hand.
Can anyone advise if this is acceptable?
Is there anything all I can do?
I have been left in a terrible situation financially and all I really wanted at first was the money I feel I am owed but the more I think about it the more I don't want to let this go.
I suffer from a genuine illness and although I admit my employer wasn't aware of it, they didn't even give me a chance to explain.
While working the I've also seen other people given notice for being poor in front of colleagues an co workers an a general attitude of worthlessness towards staff in general.
Quite frankly, there a small business who constantly remind you they can get rid of you in the first 2 years when ever they want and I'm so passionate about this is has to stop.
They seem to think as they are a small private firm and are above the law....
I just hope there not!
I'd really like some advice after recently being dismissed from my job.
I had been employed only just over 9 weeks.
I called in sick as I wasn't well on Tuesday 26th august.
I rang in again on Wednesday an Thursday an advised I would be back Friday.
At lunch time Thursday I was called an just told "your gone" without really giving me a reason.
I assumed it was because I was ill so left it at that but I just wondered if they can do this?
I've done a little research an someone correct me if I am wrong but I wasn't let go for gross misconduct ; so I just wondered if they can get away with this?
To top things off an the reason im looking at taking things further has been compounded by the fact that I was expecting my week in hand an any holidays owed but I was only paid for holidays owed an not my week in hand.
Can anyone advise if this is acceptable?
Is there anything all I can do?
I have been left in a terrible situation financially and all I really wanted at first was the money I feel I am owed but the more I think about it the more I don't want to let this go.
I suffer from a genuine illness and although I admit my employer wasn't aware of it, they didn't even give me a chance to explain.
While working the I've also seen other people given notice for being poor in front of colleagues an co workers an a general attitude of worthlessness towards staff in general.
Quite frankly, there a small business who constantly remind you they can get rid of you in the first 2 years when ever they want and I'm so passionate about this is has to stop.
They seem to think as they are a small private firm and are above the law....
I just hope there not!
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Comments
you are entitled to payment for any hours worked, plus any unused holiday entitlement accrued over the period (9 weeks won't add up to much)
in regards to the "week in hand", I don't know of any employers who work in such a way. typically people are paid in arrears. so if you work this week, you would get paid those hours at the end of next week and so on. so if you leave this Friday, your final pay would be next Friday, even though of course you won't have worked next week
http://www.acas.org.uk/index.aspx?articleid=1461
There is no advice to seek, it is a clear cut dismissal.
You picked up all this in just nine weeks' employment?
Seems a bit odd, frankly.
Did management hold weekly briefings reminding you of this or something?
Just get out and look for a new job, This one isn't going to be coming back
3 months.
After that, they have to go through proper disciplinary procedures or redundancy procedures before letting you go.
Are you sure?
That's what I was told when I started my current job (a year ago, so I'm safe now!
edit: That said, I've just seen the ACAS page saying it is now two years, so forget what I said!! I think 3 months was just my contractual probation period.
Better keep the bosses happy for another twelve months!
Standard disclaimer applies: I'm not a lawyer.
As others have said (and they appear to use as a vocal reason) thy are correct in stating dismissing you with no reason required - however they do have an obligation to pay the hours you have worked. I don't know the terms of the contract, but if you were paid monthly, that may not come until they do the next pay run.
Unfortunately I don't think there is much you can do other than get on the job finding grind again.
Why should he tell them?
It's not compulsory.
BIB - can you explain why?
There's no legal duty to tell an employer anything about your health and in general it's only appropriate when the need arises.
OP - did your employer at any time make any effort to find out what was going on - what you were ill with and if it's an ongoing condition?
Also, if you want, can you say on here what the ongoing condition is?
Not compulsory, but if you had told the employer at the onset of your employment, they may have requested a doctors certificate to make sure you were fully fit for the job you had been employed to do, in those circumstances it is more than likely you would still be working now, that is if your days sick are the reason for dismissal.
Honesty is always the best policy
The onus is on the employer to ask questions about health once a conditional job offer has been made. If they can't be bothered then that's not an employee's fault.
As I have said, there's no legal obligation to tell an employer anything about your health.
It's very unlikely that the OP can do anything unless he's been discriminated against and there's not enough information to make any sort of judgement about that.
The first thing the OP should be doing is asking for a full written explanation for the dismissal.
Because the OP needs advice on the week in hand payment aspect, not just the dismissal part. Advice from a professional body is the best place to go for this sort of stuff IMHO.
I fully agree with you, but, I still firmly believe that if the OP knew that he had an illness that may necesitate time off work sick IMO he should have made his employers aware - I think in this instance you and I are going to have to agree to differ
OP I'd email the company to ask why you weren't paid for your statutory notice period and take it from there, perhaps to ACAS if you wish to pursue it further.
It can be a minefield though as employers have to be very careful even at the job offer stage that they only ask questions about health issues that might affect duties intrinsic to the job.
The fact that they're a small business means that they probably can't afford to carry staff who are going to be off sick a lot. Who would be doing you job whilst you're off sick ? Would they be getting overtime ?
Most are when they need to establish whether you are able to do the job, or if they require details in order to make workplace adjustments. The rest won't apply in this case - they are either to do with national security or guaranteed interview.
As to the owed pay question, you are of course entitled to any wages not yet received, and a period of notice of you have worked for over 4 weeks. One week's notice in your case, unless your contract says more (they can't stipulate less). The only time you wouldn't be entitled to notice pay is in gross misconduct circumstances, which don't apply here.
Getting it is a seperate question - you may need to use MoneyClaimOnline to do it legally, but that'll cost you. I'd recommend doing it anyway - if you're lucky you'll only pay £30 and they'll cough up before a court case rather than have a County Court Judgement against their credit rating.
Good luck!