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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I've been 'let go'

108 replies

FuckMyUterus · 07/08/2018 15:53

Please don't flame me for posting in AIBU, but I need responses fast.
Been with my current employer 3 months, had no end of troubles from the very beginning, and these have only magnified since I've told them I'm pregnant, and now they 'can't afford to keep me' I need to know quick answers to 2 questions.

  1. is there any way I'm not entitled to a notice period?
  2. is there any circumstances under which they don't have to pay me for said notice period? Please help, I've Googled and its just stressing me out.
OP posts:
VanGoghsDog · 07/08/2018 16:55

@glintandglide

I have regular contact with ACAS, they are fine, over worked and under resourced, but fine.

Having said that, the last two cases I discussed with them for a client ended up with the employee not making the tribunal claim at all, and no settlement offered, but that's because my client hadn't done anything wrong. :)

glintandglide · 07/08/2018 16:56

I think the point is if you dont plan to threaten to persue them, then you’ll just have to accept whatever they finally pay you.

The problem is it’s not about what’s right or wrong or legal or illegal- the information is one thing, but enforcement is something else entirely.

FuckMyUterus · 07/08/2018 16:56

tautri this is exactly it. A very small, niche industry, where I have an excellent reputation for getting results and delivering. To be honest the only reason I have gone into detail and defended my meagre sales is that I've earned 10x or more for other companies who provide more realistic pricing, and frankly, it's embarrassing.

OP posts:
GinAndTings · 07/08/2018 16:56

Well with that attitude no wonder you were 'let go'

VanGoghsDog · 07/08/2018 16:56

You've got the answers to your questions - yes you are entitled to one week's notice, no there is no way they can get out of paying it - unless they just don't pay it and if you don't want to bring any sort of claim.......

FuckMyUterus · 07/08/2018 16:57

gin excuse me? What attitude is that?!

OP posts:
tautri · 07/08/2018 17:00

Understood @FuckMyUterus ... and I think you're taking the right approach to get a solid understanding of what you're actually owed and then discuss/pursue it with them 1:1 with maybe a letter etc. No need to instantly resort to adversarial tactics recommended by they keyboard lawyers here. Preserving your reputation over the long-term will pay-off far more than bringing in ACAS etc which has an extremely low probability of yielding anything for you!

FuckMyUterus · 07/08/2018 17:02

To be honest, this post might be pointless, as they might send over my wages tomorrow and everything might be there. I just wanted to be sure of what should be there however, as I've only been there 3 months, I have no idea if they're the sort to mess about with people's money etc.

OP posts:
Gluttie20 · 07/08/2018 17:14

Are you on probation period? You should check the terms on your employment contract

Bombardier25966 · 07/08/2018 17:15

Why not drop them an email asking them to confirm you'll be receiving payment for the notice period plus any outstanding annual leave?

OliviaStabler · 07/08/2018 17:16

Have no idea why people are focusing on why I was dismissed,

I just asked as you might have had a case for discrimination but I can see from posts later that you do not want to pursue them.

As a pp said you are entitled to one weeks notice. I'd wait and see what they pay you and the breakdown of which will show you if they have missed anything off.

Bombardier25966 · 07/08/2018 17:16

Are you on probation period?

@Gluttie20 read the thread!

petrolpump28 · 07/08/2018 17:22

make sure all future contact is in writing. do not be alone with them having a " little chat"

imamum21 · 07/08/2018 17:42

from what i can make out (i didnt read everything though and may have misunderstood) you should still be on probation as most companies give 3 month probation before deciding if they keep you on,
if they didnt give you a contract you dont have a leg to stand on
if you are employed with the company for less than 2 years you dont have any employment rights- i have previously went through acas etc and been told that
because you have no contract there is no notice period

best thing to do is call acas and ask for advice they will not do anything unless you give them consent, if you decide to they will go through early conciliation with the company on your behalf but there is a form they will email you, if you get no joy they issue a certificate for you to take them to a tribunal

rosablue · 07/08/2018 17:58

Have you got legal insurance on your home insurance (or with union membership, bank account, etc)

They would be able to help you make sure you get what you are rightfully owed and might be able to sort something out so you leave with good references rather than a let go for not meeting —unachievable, unrealistic— sales targets which might hurt you further down the line.

They might also negotiate you staying on to enable you to claim maternity benefits if say you agree to go with no fuss after 3 months or whatever the timing is for either sort of maternity benefit (can’t remember the names!)

BakedBeans47 · 09/08/2018 00:43

from what i can make out (i didnt read everything though and may have misunderstood) you should still be on probation as most companies give 3 month probation before deciding if they keep you on,
if they didnt give you a contract you dont have a leg to stand on
if you are employed with the company for less than 2 years you dont have any employment rights- i have previously went through acas etc and been told that
because you have no contract there is no notice period

D minus for you
Must try harder
Back to “basics of employment law” class for you!

Seriously, pretty much EVERYTHING you have said is completely wrong.

BakedBeans47 · 09/08/2018 00:44

Correction - entierly everything you have said is wrong. OP, please don’t listen to this person

actualpuffins · 09/08/2018 01:57

^I just want what I'm owed for what I've worked.
So, my accrued holidays, my paid time off for ante natal appointments and my weeks notice.^

I'd say then, to begin with, work out how much that is and write to your employer saying the above and the figures. If they are being unreasonable then take it further.

FiestaThenSiesta · 09/08/2018 02:24

BakedBeans, I’ve no idea what your expertise is, but I hope it’s HR as opposed to a legal background, because you’re giving out such generic “advice” from google that it does more harm than good to the OP. Frankly, most people who have actual legal background wouldn’t advise anything before clarifying what the fuck been “let go” and “no end of troubles from the beginning” actually meant.

GinIsIn · 09/08/2018 02:36

There’s a lot here that doesn’t make sense - if your reputation is that strong, why are you working for min wage?

Did you not check the price point of the item before accepting the role? If there was any commission to fact that’s fairly key. Equally, you say the product or service is wildly overpriced but have only made sales of £1300 - how many units is that?

Did you inform them of your pregnancy in writing?

coastalcottage · 09/08/2018 03:05

Just leave. Why would a new employer pay for you or your pregnancy- or even an old employer? Perhaps you and your partner should be responsible? Why not?
It is your choice to start a family.

FuckMyUterus · 09/08/2018 03:15

fenella if you read previous replies it's not units at all, it's services. I have been out of work for approximately 18 months due to difficulties with my sons schooling (SEN) so by the time I went back, I needed a job ASAP as our savings were gone, so I took the first job that came up, it just so happened to be this one. Unfortunately, they knew how badly I needed the job, so they have taken the proverbial piss ever since I started.

OP posts:
FuckMyUterus · 09/08/2018 03:16

coastal I'm not sure you can read, but thank you for your wildly inappropriate reply nonetheless. No one has to pay for my pregnancy, and the title of my post actually says 'I've been let go' so how can I leave?

OP posts:
FrazzledRockRed · 09/08/2018 06:51

Call maternity advice line. It is illegal to dismiss someone for being pregnant even in probation.

Most employers are clever enough to say it has nothing to do with being pregnant.

GinIsIn · 09/08/2018 07:31

The point still stands - a service is still measurable. How many sales does that £1300 represent?

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