Oh shit, I've just been "let go"

[Ilovenannyplum]

Ok this might be long, sorry in advance.

So I started back at work after mat leave beginning of June, complete new job. Only 3 days per week. It's a sales job, v similar to my previous job pre DC. I was set targets. I hit them, didn't miss any.

I have just come back from a weeks holiday, prior to my holiday, a new person was hired to work full time (5 days per week) with notice with her old job etc she isn't due to start until September.

So I got there this morning, boss basically advised that she cannot afford to keep me on, and that the new lady who has not started yet will be doing my role 2 days per week and then what she was actually hired to do for the other 3 days.
Then I got that she will pay me for this week and do I want a lift home. Pretty much see you later Nannyplum.
She then followed up with how I was very good at the job, everyone liked me blah blah.

I never received a contract, they hadn't got round to it.
Can she just wave me off without any notice?

I feel like I've been bumped off in favour of somebody who can work full time whereas I can't for childcare reasons.
Still a bit in shock, not quite sure how I'm going to manage with bills etc. Need to get looking for a new job asap. Just wondering if she's within her rights, I think she probably is sadly but didn't know if anyone could confirm it?

[sisterofmercy]

Ring Acas 0300 123 1100. You'll be able to talk all of it through with someone.

[lazycoo]

There's so much wrong with this. I hope you're on the phone to ACAS - let us know xx

[flowery]

New job as in new employer? Or new job with employer you were with before mat leave?

[Ilovenannyplum]

New job as in complete new employer, my old employers weren't happy about me going back part time.

Right ok, will get onto ACAS. I didn't know if what they have done was legal or not?!
Just desperately googling and trying to find anything to apply for, aarrrgghh!

[Pipbin]

I think they will be on very shaky ground there.

As I understand it they can't make you redundant and then get someone in to do your job. I'm not sure if this counts as redundancy though.
I can't see how this is right. You haven't been given a probationary period or given a good reason that you have been sacked. The lack of contract is their problem, not yours. I believe you will still be protected by basic rights. ACAS or Unison (I think) might be able to help.

Good luck.

[Pipbin]

This is from the government website:

Dismissal is when your employer ends your employment - they don’t always have to give you notice.

If you’re dismissed, your employer must show they’ve:

a valid reason that they can justify
acted reasonably in the circumstances
They must also:

be consistent - eg not dismiss you for doing something that they let other employees do
have investigated the situation fully before dismissing you - eg if a complaint was made about you
If you’re a part-time or fixed-term worker, you can’t be treated less favourably than a full-time or permanent employee.

Notice period
You must be given at least the notice stated in your contract or the statutory minimum notice period, whichever is longer.

There are some situations where you can be dismissed immediately - eg for violence.

Getting your dismissal in writing
You have the right to ask for a written statement from your employer giving the reasons why you’ve been dismissed if you’re an employee and have completed 2 years’ service (1 year if you started before 6 April 2012).

Your employer must supply the statement within 14 days of you asking for it.

Your employer must give you a written statement if you’re dismissed while you are on Statutory Maternity Leave. You get this:

even if you’ve not asked for one
regardless of how long you’ve worked for your employer
Speak to your employer or check your employment status if you’re unsure of your employment status.

[OddBoots]

It is possible you could claim if you could get it regarded as discrimination for a protected characteristic but generally if you have been there less than 2 years that is very hard to do and there is no longer the same access to legal aid in order to do so meaning you've have to fund the legal action yourself.

There is some information from acas here in case it helps.

[Ilovenannyplum]

Well I've just spoken to ACAS, he basically said what she's done is above board although perhaps I didn't explain properly to him...

I am reading all this as, I've been made redundant, another person will be doing my job so therefore the actual role is not redundant, it's just been given to someone else to save money if that makes sense?

I was not expecting this today

[Ilovenannyplum]

Thanks everybody for your help though

[Pipbin]

The person is not made redundant - the role is.
Your role has not been made redundant as there is someone else taking on your role.

[sherbetpips]

sorry but I dont think you have been there long enough to have any sort of a case, usually needs to be at least a year employment.

[Pipbin]

Hmmm - reading further it seems that if you have been working for them for less that 12 months there is naff all you can do and they can do as they please!
www.jaluch.co.uk/hr-blast/dismissing-staff-with-short-service/

[lougle]

You have less than 2 years service, so aren't protected from 'unfair dismissal'. The only way I can see you getting anywhere is if you can successfully argue that you've been discriminated against on the grounds of being a part time worker. To do that you would need proof that you were dismissed because you only work part time.

The fact that the new person will only do your role 2 days per week implies that there isn't enough work for your current 3 days. Is that the case?

[lougle]

It's 2 years now (thanks Dave! )

[Toofat2BtheFly]

Last Tuesday I was 'let go' with no notice during my probation period for IMO no reason worthy of getting sacked .

I cried for 2 days solid , worrying about it all .

Today I have interviewed and accepted my dream role . With a £3.50 per hour pay rise .

It's crap but draw a line underneath the whole experience and move on . One door closes and all that jazz

[Ilovenannyplum]

This is why I'm annoyed, I've been 'let go' from a job that I'm perfectly capable of doing well because she couldn't afford to keep me on BUT she can afford to employ somebody else to do the same job....

[Ilovenannyplum]

Congrats toofat

I'll get over it, I'm just at the moment
The lady who has stolen my job has a little boy at the same nursery as DS so I see her at drop off, that'll be nice!

[Pipbin]

Right so it seems that she can legally get away with it. What a load of shit!

But MN will be on your side - can we go and march up and down outside her business with placards say 'Give Nanny Plum her job back'?

[Fromparistoberlin73]

yes they can get rid if you, but not like this! get legal help.

FWIW OP, if you sold, hit targets etc you will definitely get another job. So try to not let this affect self esteem.

what a pants thing tho, so sorry

[Viviennemary]

That's a rotten thing to happen. However, I don't think you have much redress legally as you have been there such a short time. TBH they don't sound very good employers anyway and you'll probably look back on it as a lucky escape.

[tribpot]

I assume you're in your probation period and your notice period is likely one week. They have given you a week's notice. They aren't making you redundant so the question of whether your role will continue doesn't arise. Yes they have behaved shabbily but not illegally, as ACAS have told you. The other woman hasn't deliberately stolen your job and probably knows nothing about it.

It seems utterly stupid to be dismissing a sales person who is hitting targets but they sound shambolic. Hope you can find something better soon.

[Toofat2BtheFly]

I'm putting it down to experience and trying not to let it knock my confidence too much .

My DH reckons I've had a lucky escape , any company that is as flakey as mine and your were , isn't worth our experience or loyalty .

Smile sweetly at nursery drop off , I bet it won't be long before she is confiding in you about how terrible the place is and what a lucky escape you have had

Chin up , and get your feelers out again and enjoy the next few weeks of no early morning rushing about !

[Ilovenannyplum]

I feel a bit calmer now, I've got a couple of interviews with recruitment agencies at the end of the week so fingers crossed they pan out ok. DS's nursery is costing us £500 a month and I can't cancel that because DS will lose his place and when I get a new job, he'll need to go. Aarrrgghh just crappy crappy timing.

Agreed that although what they did wasn't illegal, it was a shitty thing to do. I hit my targets, the other team members didn't yet it's me that gets elbowed! Brilliant.
And yes I know also that the other person didn't knowingly 'steal' my job but in my admittedly currently irrational mind, she did!
Pipbin, get your banners ready, we'll do it tomorrow!