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Original poster

AIBU I'm thinking this isn't legal

35 replies

Arkangel · 05/01/2018 12:52

I've just been sacked.

The reason was "there's just no place for you here"

I started 3 months ago in a new position on a new reception for a small business. There isn't much to do but I was assured there would be more work during the expansion. The salary was so good I didn't want to miss out and it seemed almost too good to be true.

A guy that I've spent less than 24 hours with, he's a social media agent for another business and has spent two afternoons working out (BAD) protocols came in today and took me into the office and started waffling about job roles etc and then said "I can't really find a place for you", I said "it feels like you're sacking me" and he said "yeah I am. With immediate effect".

I'm in shock. No one else knew this was going to happen to me.

One of my colleagues warned me to be careful with what I let him take credit for and said he's only here because they have no space for him in the other business and how he's completely inept in that role (yesterday I had to amend 3 spreadsheets because he literally cannot Work a computer) and I've found out yesterday that a lot of the work I've put into some of the business he has taken as credit for himself, but is a close friend of the business owner so he can do what he likes.

What am I going to do. I only took the job because they seemed so keen that I was the best candidate. I feel devastated.

OP posts:
Curtainshopping · 05/01/2018 12:55

How long was your probationary period?

flowery · 05/01/2018 12:57

Terminating your employment isn’t unlawful, as long as you were given sufficient notice. Unless it was for one of a few specific reasons such as unlawful discrimination, which you don’t indicate.

wowfudge · 05/01/2018 12:57

Have you at least got a letter setting out the basic terms of your employment? I'm afraid you have very few rights early on in a job, but you can at least see if they have followed their own procedures.

LIZS · 05/01/2018 13:00

Unfortunately within 2 years they can let you go with minimal notice. They should pay you to date and any notice period in your contract although that may only be a week and accrued holiday if you have n't taken it.

redexpat · 05/01/2018 13:02

I know its frustrating but honestly if what you say is true then it sounds as if you are better off out of there. If they dont recognise your contribution then its their problem. Dust yourself off, hold your head high and get back out there.

Baden157 · 05/01/2018 13:08

You should check your contract for details on notice periods. If you were on a permanent contract and still in probation then I would expect this to be 1 weeks notice so while they can dismiss you, they do need to give you notice ( or pay in lieu of notice) unless you have been summarily dismissed for serious misconduct or other conduct which justifies dismissal. It doesn't sound from your post that this is the case.

HR/Payroll will be able to confirm how much you will be paid and when. They should also confirm this is writing.

Goldenhandshake · 05/01/2018 13:10

They can do so yes, within 2 years of your start date, they must honour contractual notice periods, they can only pay you in lieu of notice though if it's in the contract or you agree to it.

kaytee87 · 05/01/2018 13:14

What does your contract say about notice period and probation period?

Gruffalosgrandma · 05/01/2018 13:25

Does he have the authority to sack you?

snowgirl1 · 05/01/2018 13:28

As PPs have said, with less than 2 year's service they can dismiss very easily as long as the reason they're dismissing you isn't discriminatory (e.g. because you're female). They just need to pay for the notice period stated in your contract.

Is the guy that dismissed you your manager? If not, I'd check he has the authority to dismiss you.

ChelleDawg2020 · 05/01/2018 13:32

Yes, they can sack you as you've not been there for two years. Unless it was discrimination on a protected characteristic like gender or sexuality, which it doesn't sound like because by your own admission there was not much work to do.

pinkie1982 · 05/01/2018 13:40

I don't have anything else to add but if it were me I wouldn't want to carry on working there anyway. As others have said, look into the terms of your contract and then onwards and upwards to somewhere that will actually appreciate your input x

RhiannonOHara · 05/01/2018 13:41

Is the guy that dismissed you your manager? If not, I'd check he has the authority to dismiss you.

I agree with this. Also, check your contract thoroughly for what it says about probationary notice periods. I know they don't have to give much notice if you've worked under two years, but 'With immediate effect' is a BIT short nonetheless!

Buy anyway, they sound shit and you are probably better out of there, although I know it's a shock at the moment.

Thanks Brew

Original poster
Arkangel · 05/01/2018 13:43

I didn't sign a contract yet. I've asked for it several times and they promised to get it to me.

The guy who came in, I have no idea what his role is, he just does the Facebook and webpage for the sister company. He's friends with the owner who apparently said I'm to be sacked.

I have messages from before Xmas from who I thought was my manager telling me how brilliant I am in the role and how I've got a job there for life etc.

Neither manager of mine has had any input in this decision. That was the first thing I asked, because even this morning I was praised on my management skills because this new guy had completely messed something up.

Jesus, what am I going to do? I've got bills and because we've only just been paid I won't get anything. Oh my god.

OP posts:
Usernamegone · 05/01/2018 13:43

They need to pay you either your contractual or statutory notice period whichever is higher. I would also ask for them to pay you for any outstanding holiday you have accrued but not taken.

I would also ask for a letter stating that you had been dismissed and why in case you need to claim JSA. DWP won’t pay you JSA if they think you have resigned or been dismissed for gross/misconduct (but will normally when probationary period is not passed or if there is another reason)

I know it’s shitty but due to your length of service you have limited employment rights unless feel you were dismissed due to discrimination. However, they must honour your contractual terms

RhiannonOHara · 05/01/2018 13:44

He's friends with the owner who apparently said I'm to be sacked

WTF? They're chancers. At least get it in writing from whoever actually IS your manager.

Usernamegone · 05/01/2018 13:48

All employers must provide a statement of terms and conditions within two months of employment

www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

I would try to telephone you manager urgently to get hold of him/her and explain the situation and how you are truly shocked as you really enjoyed the job and working for him/her.

If this does not get you any joy I would immediately ring ACAS for advice

snowgirl1 · 05/01/2018 13:49

If you've been employed for more than 1 month but less than 2 years, the statutory notice they must give you is 1 week. So if they are giving you notice from today, you should be paid until next Friday.

Lasvegas · 05/01/2018 13:51

Unless they are discriminating against you up to 24 months an employer can ask you to leave. If they want you to leave immediately they have to pay you in lieu of notice.

Viviennemary · 05/01/2018 14:15

Have you got a contract of employment? I don't think there is a lot of comeback legally here as you've only been in the job 3 months. But you should have been given the required amount of notice as stated in your contract. You can be given the pay in lieu of notice. Seems you haven't signed a contract. They sound like a really dodgy organisation. And has this guy even got the authority to dismiss you. Sounds like he might not have. Ask for reasons in writing.

problembottom · 05/01/2018 14:21

You need to speak the person who hired you, asap, and find out what's going on. Don't just take this guy's word for it. Phone them now.

CuppaTeaAndAJammieDodger · 05/01/2018 14:26

Afraid the 2 years thing is correct - you can’t bring an unfair dismissal case against them unless your dismissal was due to a protected characteristic (sex, sexual orientation, disability etc.).

Make sure you get it in writing though, as you may need to prove that you were sacked/made redundant through no fault of your own to make you eligible to claim benefits.

SecretSantaaaaaa · 05/01/2018 14:35

As PPs have said, with less than 2 year's service they can dismiss very easily as long as the reason they're dismissing you isn't discriminatory

I am not sure it is all that easy to sack someone who has had less than 2 years service. My DP is a manager who is dealing with some very troublesome colleagues but it seems he can't just let them go.

Anyway, I would contact your manager. Ive no idea why this random person did the sacking.

mummmy2017 · 05/01/2018 14:37

I'd send an email, and ask for conformation of them letting you go, as adviced by this bloke, just incase he tries to say you resigned, and say how much you enjoyed working for them and should they reconsider could you be inline for the job.
Also no matter what happens keep job hunting, incase this bloke is trying to pull a fast one, and if he is as inept as you say, you might get your job back...

Original poster
Arkangel · 05/01/2018 14:59

I've tried to contact the manager who employed me and he is ignoring my calls and texts so I assume this is something he's been told to do.

Either that or I've been promised something as a carrot to take on the overhaul of Xmas and now they've gotten rid of me.

I've applied for universal credit, I don't know what I'm going to do

OP posts:
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