Fired for applying for other jobs, then rehired.

[InnisandGunn]

So, I've been massively unhappy at work. Ended up in essentially a call centre after making it clear at my interview I didn't want to do that. Sucked it up for a few weeks thinking they wanted to get you trained on each department. But no, I've been stuck here. I've raised it a few times with my team leader, being totally honest and diplomatic until recently where it's gotten to a point where they keep saying they'll do stuff to change it, but then it never materialises. I've gotten to a point where my mental health has taken a turn, I'm in tears most nights. So I started applying for other jobs. An agency wanted a reference before interview. So I let my team leader know, but in the same conversation she said she could out me on another department the same day. Great. I said that obviously changes things as I really like it here (in terms of close to nursery, easy overtime, pretty good about being off if DS is ill). Today, I get asked to come for a chat with HR which will 'only take a few minutes'. Assuming it's to do with being off, DS has had a rough time of it recently, but I had been coming in in evenings to make up the time as much as I could). I go in, and I'm told I'm being fired with immediate effect for applying for another job.

I then explain everything, including my interview and my conversations with TL and HR start saying oh well that changes things. She goes off whilst I'm in tears and speaks to head of HR who then decide 20 minutes later that I'm no longer fired and they're moving me to this department tomorrow. Whether that materialises I don't know. HR lady was very lovely, assured me my work was fine and it was nothing to do with time off for DS and told me to go take ten outside and gather myself. Which I did.

Now, I'm pretty sure what they were about to do is illegal. I'm still on probation there though. If that changes things. It's a good outcome in one way, but I feel so humiliated and angry and upset. I just want to go to work and get my head down and get on with it. Am I being unreasonable to be seriously pissed off?

At the end of it she then asked if I wanted her to do the reference for this place. I said no because that's what they were about to fire me for!

I feel as though I need to be very careful now. Is there anything I should be doing to protect myself? Is it illegal?

if you are looking for another job you tick the box that says ask for a reference after the interview, and if offered. not before.
cant believe they can sack you for that.

@eleanorreally I questioned it but the said they'd need it before. Can't believe I was so naive really. Also couldn't believe they could and would fire me for it either. Especially given they're very close to grinding to a halt due to lack of staff.

This is one of those 'just because you can [fire someone without cause before they have worked somewhere two (!) years] doesn't mean you should' scenarios. They haven't handled this well at all, although it sounds like there has been a lot of emotion-led decision-making on all sides.

(I have known a reference be requested at application stage, which led to the person being given an undeserved mediocre reference so the then employer wouldn't lose him. This was a semi-internal application in a sector where this is common).

Some employers are just bastards

I think you are overthinking this.

You applied for a job, they gave it to you but clearly have a lack of call. Enter bums in seats so stuck you there instead. You complained to the TL who knew you weren’t happy but still had a shortage of bums in seats to meet her PCA so left you there.

When you threatened to leave she snitched on you and HR tool the stance to send you legally on your way, maybe your access to data is sensitive and could be compromised so sent you on your way.

Then the truth came out and HR realised you hadn’t been treated fairly so retracted the dismissal and moved your bum from the call centre seat.

Everyone is happy now, except TL who will have to put her headset on.

When is probation over?

Oh OP
So have they got you cold calling schools trying to peddle teachers on your books that don't exist or calling the staff on your books shave a tramp to convince them to go to schools they don't want to go to?
I don't blame you in the slightest for being stressed out, especially if you thought you were just doing the admin side of applying for police checks etc The two jobs are very different things.

Good luck today.

Well in that case Minty people shouldn't even bother giving notice if they are leaving within the probation period, just call in one day and say you are never coming back! Nice.

Well, that’s clearly bollocks. You give notice once you find a job. Your contract will outline how much you should give during your probation period.

As an employer, I’ve gone to the hassle and cost of the recruitment process, and I discover I’m going to have to do it again, but I don’t know when I’m going to have to do that because the probationer is just looking for a job. Could be months that I’ve invested in onboarding and training this member of staff, I’m not about to waste that money. If I’ve just been through recruitment, there may well be the first unsuccessful candidate who missed out on the job is still looking and I can take them on.

If I hire through a recruitment agency, their fee is dependent on the person making it through probation.

Thanks guys, probation is over 5th November so not long now. I'm shattered this morning for worrying all night. I feel drained and like I'm juggling too many balls and I can't keep up. At this present moment I'll be going in to hand my notice in this afternoon. We can afford it, just means I'll be out of work for a bit before starting hopefully a new job. If I do this, wibu to not work my notice? My head is battered, I'm exhausted, and I wouldn't put this job on a CV in the future.

Of course it’s not illegal. Even when your probation is over at the beginning of November, they can still sack you for any reason until you’ve been there 2 years.

Probation doesn't mean anything legally though. You have to have been working for two years to have any rights at all.

Let us know how it goes today

OP do what suits you, fuck em, they don't care about you.

This is true. Maybe I'll just go and see how it goes and just hand my notice in if it gets too much

Well I made it without quitting. My TL didn't even bother to have a chat about what's gone on, which has all been her fault really. I was put doing the other departments work but stayed at my desk in the call centre bit. So I've had an hour's training in total and left to do it. But that's good I guess. I feel like the black sheep that want out. I emailed HR to ask if this was permanent now and that I'm officially a part of the new team and she confirmed but said it wasn't permanent. It's been a hell of a lot better today despite feeling ousted and drained and shattered but at least I've made it another day.