To appeal decision

[Ohthebuildersarehere]

I have been sacked.

AIBU to appeal as i don't feel it's fair

Will it affect my benefits

what a strange thread. AIBU to appeal a sacking? how on earth can you expect anyone to know if you don't tell us? was it a job as a clairvoyant?

So sorry to hear the news OP. My mum faced "constructive dismissal" recently (which is illegal btw) but she just resigned and retired. She felt lies had been spread and it was all handled very badly. As it turned out, over the next few weeks several of the "mature work staff " faced the same thing...the company just wanted to get rid of all the oldies so they could get cheaper, younger temps in!
Take some time OP, to calm down. Right now you feel stressed and wronged. When you feel less tearful, seek advice (maybe citizens advice?). I know it sounds like a cliche but sometimes we can't think clearly when we feel this way...cup of tea and the cold light of day. Sending you love xx

"Your first bonkers"

To be fair, if OP had some sort of sickness and was working with children or old people then she shouldn't have gone in.

Op - there are some lovely posters on here. PM one - I don't know much about employment but ilovesooty does IIRC? (Sorry if that's not you sooty :))

YABU because it appears you were in the probationary period and can be dismissed for what they deem is excessive absence.

With regards to your other question, if you've been sacked you might well find yourself unable to claim JSA for a whole I'm afraid. It will depend on the exact reason for dismissal.

How disappointing, after 2 years of job hunting. Of course you're upset.

I think you should focus on your job search now, hard as it is. I can't see a way of appealing this.

It is me willow but not HR or legal. I honestly think that if this were one of my clients (and it does happen) I'd be exploring references and making sure that they learned from this experience when making applications to return to work.

If you have been off sick 3 times in 3 months then they will get rid of you, i know thats sad but its true, hope you find another job soon xxx

You can appeal but have very few legal rights if under 2 years service.

3 months is usually a provisional period and if you were ill and had complaints I don't think you can appeal, sorry

Can you arrange a meeting with the manager or HR to see if they will give you more info? Obviously there were issues but it is impossible for you to work on them if you don't know what they are. Unfortunately 3 instances of sickness is a year is often considered excessive nowadays, never mind 3 in 3 months. I know it seems harsh if the sickness was genuine. You need to contact the job centre really to find out about the benefits. It is such a shame when you clearly do want to work.

you tried for 2 years to get this job and then went off ill 3 times in 3 months?

3 months i would imagine would still be probabtionary period and you can be dismissed for any reason or no reason at all.

Here is where you will find info if you don't want to tell us anything useful.

Citizens Advice
www.citizensadvice.org.uk

I'm so sorry you've been summarily dismissed from your job. If it was during a probationery period it's unlikely that you have any right to redress or appeal and I suggest you contact the Acas helpline to find out exactly where you stand: www.acas.org.uk/index.aspx?articleid=2042

With regard to whatever benefits you are currently receiving it's also unlikely that they will be affected, but it may be that you can claim more while you're out of work.

On what grounds do you think you would be able to appeal? If you have been there less than 2 years you have very few rights.

It's a hard lesson but see if you can learn anything from this. Can you see where things went wrong? Could you have done things differently? What were the positives? Your sickness may have been a major concern, how much time off did you have and how did it impact everyone else?

OP you say you were sacked due to a load of lies being told about you but then you say two colleagues complained but you were not told what the complaints were, so how can you come to the conclusion it was all lies?

It seems you were 'let go' at the end of the Probationary period which, unfortunately you would find very difficult to appeal unless it was on the grounds of discrimination.

Do you have anything in writing as to why you were dismissed?

Yes agree with Goddess you'll have no right to appeal a failed probation, so even if you write they have no duty to do anything about it. I also agree that 3 absences in three months is very high and I would and have dismissed in the same situation.

I would think 3 absences in a probationary period was enough to finish you.

They wouldn't need to lie about anything. So maybe it's not a lie, maybe your version of events and theirs are just from a different point of view.

Sorry but being off ill 3 times in 3 months is excessive, regardless of any other issues.

Was it just one day each time?

Even so from the employers point of view that is on average 1 day sick a month (if not more), so they could expect a minimum of 12 sick instances in a year which is very high and paints you as unreliable.

Employing and training people is expensive and time consuming, so it's unlikely you would have been dismissed for no good reason.

There is no legal right to appeal a dismissal, some of the advice on this thread is misleading. ACAS Code of Practice recommends it but it's not a legal obligation.

As you have been there less than two years, based on the very limited info you have provided, you have no chance making an unfair dismissal claim.

Sorry OP but you will have to lick your wounds, learn from what went wrong here, and get out there are try to find another job.

I fully appreciate jobs are hard to find but this looks like a lost cause to me, sorry.