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Possible unfair dismissal advice please!?

(68 Posts)
HeadElf Thu 15-Dec-16 22:29:16

I've been unhappy at work for the past few months.
I've still been working hard and producing the same results (sales), if not higher.

This week I really had enough and applied for a few jobs and sent my CV out.
My boss (company owner) has found out and says I'm unloyal and wants me gone. He's told me not to come back in until Monday (I would usually work Friday and Saturday too) and to attend a meeting with him on Monday first thing.

Can he fire me for this? What are my rights at the meeting? Can I record it or have official minutes taken incase he tries to fire me unfairly?

Please help I'm so upset.

rosegold33 Thu 15-Dec-16 22:36:36

Definitely can't fire you!!

Did you use work computer to send out cv in work time?

MegCleary Thu 15-Dec-16 22:38:01

How long have you worked there?

HeadElf Thu 15-Dec-16 22:40:22

Worked there 2 years and never looked at jobs at work or did any work to my CV during work hours. It's a small family run business and I am their senior sales negotiator.

rosegold33 Thu 15-Dec-16 22:43:14

Your boss better tread carefully as you have been there 2 years so covered under employment law.

They cannot fire you, he may want a frank conversation about you looking for other work but you don't need to say anything.

HeadElf Thu 15-Dec-16 22:47:05

Would it be unreasonable to take a dictaphone to the meeting and ask for it to be recorded?

rosegold33 Thu 15-Dec-16 22:50:37

You could but it may set the tone for meeting. I would see how it begins if your boss is just going to have a chat about loyalty - which is rubbish that's one thing but if at any point you feel it's going in a direction of disciplinary I would be asking for the meeting to be minuted.

Can you bring another colleague in?

HeadElf Thu 15-Dec-16 22:52:34

Rose very good thought regarding setting the tone, although he did that himself when he shouted at me in front of the office and my colleagues that he wants me gone!

I'm so stressed. Thank you.

rosegold33 Thu 15-Dec-16 22:58:16

That's horrible.

To say he wants you gone is unacceptable and could form basis for a constructive dismissal claim.

Why don't you phone Acas tomorrow for some advice they are very helpful and will give you suggestions if best way to go in prepared to the meeting.

0300 123 1100

They will be able to outline your rights as an employer.

Your boss cannot sack you for looking for another job.

rosegold33 Thu 15-Dec-16 22:59:01

Employee I mean

MegCleary Thu 15-Dec-16 23:13:05

Seconding calling ACAS

Pootle40 Thu 15-Dec-16 23:23:32

He could only dismiss you if he deemed what you had done as 'gross misconduct'. Even so you would need to be invited to a meeting in writing, offered rights of representation (i.e. Colleague or union rep) and a reasonable investigation also needs to be conducted. Even if he did all that what your are describing could not possibly constitute gross misconduct and the employment contract is not irretrievably broken so he wouldn't have a leg to stand on. However an unfair dismissal claim itself could ask for reinstatement, reengagement or compensation and compensation is based on how much money you lose (i.e. What you didn't earn between losing a job and finding a job).

YorkshireTree Fri 16-Dec-16 11:23:00

What an arse! The shouting alone you could take as constructive dismissal.

mouldycheesefan Fri 16-Dec-16 11:24:30

No it's not grounds for dismissal. Applying for another job is not a dismissible offence.
Agree that calling acas would be a good idea.

HeadElf Fri 16-Dec-16 11:28:08

I've spoken to ACAS who have been brilliant!
They said that if the meeting is regarding disciplinary action or dismissal I should have received written notice, highlighting the grounds or accusations for any action, also giving me enough notice to properly prepare. They said a union rep or colleague being present should be an option, if not available or suitable I can ask for a family member or friend.

They said I have no right to record the meeting unless agreed and that minutes won't detail exactly what was said well enough.

If they do fire me they have to pay me 2 weeks notice and if they don't I can take them through tribunal for non payment of wages too.

What a mess!

Thanks all for messages.

rosegold33 Fri 16-Dec-16 13:32:33

Aw I'm glad you spoke to acas!

Is it worth contacting your boss today to ask the purpose of the meeting on Monday?

rosegold33 Sun 18-Dec-16 21:42:03

Hope all goes well tomorrow

ChuckGravestones Sun 18-Dec-16 21:49:12

He can't ban you from sending out a CV. That is ridiculous. he can sack you though and it will cost you £1200 to take it to a tribunal.

What a dickhead.

HeadElf Sun 18-Dec-16 22:13:00

Thank you so much for remembering *RoseGold
*
I have emailed him over the weekend asking for written confirmation of the meetings agenda for Monday with. I reply.

Shainamarpia Mon 19-Dec-16 16:20:43

I'm not that familiar with sales but are you part of a union? Then perhaps you could speak to them or have a union rep come to the meeting with you?

Shainamarpia Mon 19-Dec-16 16:23:53

Oops sorry just read your messages above and you already addressed speaking to a union haha hope it went well!

rosegold33 Mon 19-Dec-16 20:58:24

How did meeting go?

HeadElf Mon 19-Dec-16 21:18:20

Was awful, they let me have a colleague with me - their daughter! They have told me Saturday is my last day and they don't have to give me a reason for dismissal as I haven't been there two years until next Wednesday.

I have a company car so I'm now without employment, income or a car.

Happy Christmas fsad

Shakey15000 Mon 19-Dec-16 21:45:49

Their daughter??!!! Forgive me but why did you agree for her to accompany you? Did she take notes for you etc? I take it they told you that you have the right to appeal? That's harsh, what with your two years coming up next week. Hopefully an HR person can advise you further here.

rosegold33 Mon 19-Dec-16 22:12:41

Absolutely shocking!

Another phone call to ACAS tomorrow!

Am I would be filing for unfair dismissal. I'm really sorry this is happening

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