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How would you feel? Work related

24 replies

Hereforarant90 · 29/04/2023 18:59

This is very outing so I've name changed.

I work in a pub. On Monday, I complained about working on my own for over 7hrs in the evening. I'm no stranger to lone working but I felt uncomfortable on this occasion. I've never seen a lone working policy, never had any health and safety training and if something happens while I'm in there alone, I would potentially have no way of letting anyone know. My manager never 'checks in.'

Two hours after I raised the issue, manager texted me asking me to attend a meeting on Wednesday. I said sure but had a bad feeling so asked if it was anything I needed to be concerned about. Was told 'no, it's just a review, everyone is having them.' On Wednesday, manager and 'HR representative' (we don't actually have an HR department so in her words, she was 'acting as HR') tell me I'm clearly not enjoying my job and in any case, customers have complained about my attitude (literally the first I've heard) so it's time for me to go.

I've never had so much as a warning, not even an informal discussion about any alleged wrongdoings and all feedback from management thus far has been positive (on the rare occasion it's given).

Unfortunately, I have been there one week shy of 2 years so I have no rights. In different circumstances, would you class this as unfair dismissal? I feel as though I'm going mad. I've basically appealed it but I don't feel I'll be taken seriously so will just have to move on.

OP posts:
icelollycraving · 29/04/2023 19:02

Move on. Hospitality are crying out for staff, there will be much better jobs out there.
Good luck!

Shoelacesundone · 29/04/2023 19:02

They're crazy....isn't it very hard to hire good bar staff right now???

blahblahblah1654 · 29/04/2023 19:03

I'd find another job.

Hereforarant90 · 29/04/2023 19:04

Shoelacesundone · 29/04/2023 19:02

They're crazy....isn't it very hard to hire good bar staff right now???

There are rumours that the manager wants to hire a friend of hers but this is just hearsay.

I am good at my job, been there longer than anyone else but this is probably a blessing in disguise. Need a kick up the arse to do something better with my life.

OP posts:
Pecorygreg · 29/04/2023 19:05

God what a shitty thing to do. You're better off moving somewhere else with a decent boss. They probably get rid of people before they hit the two years.

Hereforarant90 · 29/04/2023 19:05

Oh yeah, I have every intention of moving on I just wanted to know if I was being unreasonable in thinking this is basically unfair dismissal (even though I can't claim that).

OP posts:
Mumma · 29/04/2023 19:06

Screw them! You deserve better x

Hereforarant90 · 29/04/2023 19:06

Pecorygreg · 29/04/2023 19:05

God what a shitty thing to do. You're better off moving somewhere else with a decent boss. They probably get rid of people before they hit the two years.

It has definitely crossed my mind that they are using the two year rule to their advantage here.

OP posts:
OnceAgainWithFeeling · 29/04/2023 19:07

Will your notice period take you over the 2 years?

ivegotthisyeah · 29/04/2023 19:08

If they ask for another meeting make it over a week away so your go over two years ( just to piss them off ) avoid them for a week!

Hereforarant90 · 29/04/2023 19:10

OnceAgainWithFeeling · 29/04/2023 19:07

Will your notice period take you over the 2 years?

Unfortunately I don't have a contract. So, no notice required on either side.

Yes, I'm an idiot for staying, I genuinely used to love the place. It all went tits up when management changed this year.

OP posts:
OnceAgainWithFeeling · 29/04/2023 19:11

Oh, that’s not true.

what was your pay frequency?

Hereforarant90 · 29/04/2023 19:12

OnceAgainWithFeeling · 29/04/2023 19:11

Oh, that’s not true.

what was your pay frequency?

Monthly

OP posts:
OnceAgainWithFeeling · 29/04/2023 19:12

They legally had to give you a statement of employment setting out your main terms.

there could well be a tribunal claim here.

(I’m a HR Director.)

OnceAgainWithFeeling · 29/04/2023 19:13

They owe you a months notice then. Did you work a fixed number of hours each week?

Hereforarant90 · 29/04/2023 19:16

OnceAgainWithFeeling · 29/04/2023 19:12

They legally had to give you a statement of employment setting out your main terms.

there could well be a tribunal claim here.

(I’m a HR Director.)

A real one, with actual experience!? I feel like this is the advice I need as our 'head office' is basically a bunch of shareholders with full time jobs unrelated to the business. No one is 'on my side.'

OP posts:
Hereforarant90 · 29/04/2023 19:16

OnceAgainWithFeeling · 29/04/2023 19:13

They owe you a months notice then. Did you work a fixed number of hours each week?

Roughly the same each week but of course they're saying zero hours contract. Even though they have said there is no contract.

Ugh I am a mug.

OP posts:
OnceAgainWithFeeling · 29/04/2023 19:17

Statutory notice is 1 week. I’d be asking for 1 month’s notice pay.

https://www.acas.org.uk/notice-periods/notice-when-being-dismissed-or-made-redundant

If that week takes you over 2 years service go straight to ACAS on Tuesday to start the conciliation process.

Notice when being dismissed or made redundant: Notice periods - Acas

Advice for employers and employees on notice periods when being dismissed or made redundant.

https://www.acas.org.uk/notice-periods/notice-when-being-dismissed-or-made-redundant

OnceAgainWithFeeling · 29/04/2023 19:18

Hereforarant90 · 29/04/2023 19:16

A real one, with actual experience!? I feel like this is the advice I need as our 'head office' is basically a bunch of shareholders with full time jobs unrelated to the business. No one is 'on my side.'

Just the 20 years at the coalface. :)

OnceAgainWithFeeling · 29/04/2023 19:18

The good news is they can’t prove what the contract was or wasn’t and you lose nothing by making a claim.

Hereforarant90 · 29/04/2023 19:19

OnceAgainWithFeeling · 29/04/2023 19:17

Statutory notice is 1 week. I’d be asking for 1 month’s notice pay.

https://www.acas.org.uk/notice-periods/notice-when-being-dismissed-or-made-redundant

If that week takes you over 2 years service go straight to ACAS on Tuesday to start the conciliation process.

Thank you :)

OP posts:
BeetleBailey · 29/04/2023 19:31

They've shown their true colours

Get out of there

Quveas · 29/04/2023 19:40

Notice periods are not determined by pay periods. In the absence of any contractual term, under two years your notice is one week. However, if that week gets you over the two year mark, then you have the right to claim unfair dismissal, and on the face of what you've said you may have a good case. You can also, alongside that claim, make an additional claim for a punitive award for failure to provide a written statement of the main particulars.

hidethexylophone · 29/04/2023 20:33

Quveas · 29/04/2023 19:40

Notice periods are not determined by pay periods. In the absence of any contractual term, under two years your notice is one week. However, if that week gets you over the two year mark, then you have the right to claim unfair dismissal, and on the face of what you've said you may have a good case. You can also, alongside that claim, make an additional claim for a punitive award for failure to provide a written statement of the main particulars.

Completely agree with this.

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