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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think i was unfairly dismissed?

13 replies

ConstanceWearing · 17/05/2011 09:25

I started work in October on a 3 month temporary contract. The contract was never renewed, but I continued to work there for another 4 months. At the weekend I was told I was no longer required. Is this lawful? I know the reason is that my boss dislikes me because I am timid. I feel he chose to dismiss me, out of all of us, because he thought I would make the least fuss, as there are certainly plenty of people there that do less work.
Unreasonably bitter or justifiably cross, do you think?

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onepieceofcremeegg · 17/05/2011 09:27

I think that legally if you had no contract then you will have few legal rights.

He has been unreasonable imo; having you work for him with no contract, and then dismissing you. Out of interest why didn't you request a further contract once the 3 months were up?

MrsGravy · 17/05/2011 09:27

That sucks. But if you have no contract and have worked somewhere for under a year then you have very few rights I'm afraid.

squeakytoy · 17/05/2011 09:32

I would look on it as getting an extra 4 months work that you didnt expect.

ConstanceWearing · 17/05/2011 09:35

I did ask Human Resources for a further contract, but it's a huge company and they often just don't get round to things. That's my fault for not being pushy enough.

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ConstanceWearing · 17/05/2011 09:44

I do understand the need for cutbacks etc, it's not so much that I've been made redundant. However, I was on holiday last week. My boss let it out of the bag that I was going, so everybody was avoiding eye contact with me and I didn't know why til my boss's boss came and gave me the news. I felt like a total idiot that they all knew before me. Moreover, he told everyone it was because I did no work (I work in sales). Luckily, I keep a book of all the sales I make, so I was able to slap it in front of him and disprove that theory. I am feeling mortified and therefore angry. I admit that.

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SenoritaViva · 17/05/2011 09:49

It sounds tough. I wish you had pushed for a contract (there is NO excuse for a company not providing one, especially if a large company - they should have the infrastructure to deal with this). Without a contract I don't think you have a leg to stand on, but if he has given his reasoning as lack of sales and you have proof otherwise then with a contract it might have made a difference. He does sound like an arse, no manager should breach confidentiality about HR issues which is what he did. You could just run it past the CAB (or someone might be able to suggest somewhere better). Also, do you have evidence that you requested the contract?

ConstanceWearing · 17/05/2011 09:57

I don't have evidence I asked for another contract, no. I think I'm just. Feeling bitchy cos I know it was personal :O
The job was meant to be permanent, and as I performed well enough I don't see why I should've been first out, because I wasn't the last person recruited in the department.
I appreciate all of your responses. Thank you.

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OatcakeCravings · 17/05/2011 09:57

I think that you have to be with a company for more than 12 months to be unfairly dismissed.

fedupandfifty · 17/05/2011 09:59

constance I'm not sure if I'm right here, but my take is slightly different.

You worked your time, and your contract finished. They should have finished you then, if they wanted to. However, they didn't, and you carried on working, with their agreement. This in itself contitutes a contract, and your company has breached that contract. Contracts do not have to be written down necessarily!

Get yourself a fixed-fee interview with an employment lawyer and check this. I'm not sure if you'd be entitled to anything, but at least you should be able to prove a point.

Good luck!

ConstanceWearing · 17/05/2011 10:02

Thank you Fedup. I will do that. It's not the money. I want to pay my gitty boss back lol

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LoveBeingAbleToNamechange · 17/05/2011 10:12

I dint think you'll get very far but might be worth posting in employment there are some fab HR bods there.

ConstanceWearing · 17/05/2011 10:21

Will do that too. Thank you LBA.

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porcamiseria · 17/05/2011 10:23

it was a temp contract, so all above board I think, sorry

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