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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Husband just been sacked

135 replies

bellill · 02/12/2019 15:14

My husband has just been sacked for leaving work 1 hour early a couple of weeks ago.

3 of them on their shift, 1 finishes 2 hours earlier and the other had called in sick. He was on his own and they're not permitted to do their job if no one else is there due to H&S - it was late at night so no customers would be calling/coming in so he left.

AIBU to think sacking today with no warning is unfair? I understand he was paid for an hour he didn't work and that's wrong but he offered to pay it back, do extra hours. He bends over backwards for them all the time.

On a side note, they generally always leave earlier on this shift, and its never been an issue until the one time he does it on his own? He said to the manager about the fact other people leave early all the time and the manager just shrugged and said 'its a case by case thing'

Does he have any grounds for unfair dismissal?! If not then fair enough but it just feels a bit OTT and unfair. Other much more serious and even life threatening things have happened recently with other members of staff and no action has been taken.

TIA for any helpful advice.

We've had a tough few years money wise and we have finally got ourselves back on track in the last couple of months, actually talking about booking a holiday for the first time in 6 years and now this feels like such a blow :(

OP posts:
Makinganewthinghappen · 02/12/2019 15:16

I don’t know much about employment law etc but if he left and there was no one else there maybe that was the problem?

DragonMamma · 02/12/2019 15:17

How long has he been working for this particular company?

Sorry you’re going through this OP Sad

akkakk · 02/12/2019 15:18

He presumably has a manager from your comments - if he was the only one on the shift did he contact the manager ref. H&S - he should have given the company the choice to bring someone else in, or tell him to leave - presumably he just left without reference to his manager, which could be a sackable offence...

what others do is likely to be irrelevant

AJPTaylor · 02/12/2019 15:18

I guess it's the not telling anyone he is leaving and taking the pay that is the issue

Queenoftheashes · 02/12/2019 15:18

If they aren’t allowed to do the job on their own what was he meant to do when there by himself ?

Original poster
bellill · 02/12/2019 15:19

Sorry i don't know how to reply directly to each response but he ad keys so he locked up when he left.

He has only been there since May this year.

Thanks, I've had a good cry lol now I'm just angry!

OP posts:
PaulRobinsonsWoodenLeg · 02/12/2019 15:19

It does seem unfair if others do it and are not disciplined at all. Might be worth contacting ACAS for advice.

Serenity45 · 02/12/2019 15:20

Get some free impartial advice from ACAS:

0300 123 1100

www.acas.org.uk

Original poster
bellill · 02/12/2019 15:22

Yep I think the pay and not telling them was the main issue - which i do get. The colleague called in sick before the shift started and the manager knew he'd be on his own. My husband did say he would leave when the other person did and nothing was really said, I just feel the manager should have said please do X,Y Z while you're on your own. Rather than him sit there doing nothing for 2 hours and now this. it just seems OTT to me i guess

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Perisoire · 02/12/2019 15:23

If they aren’t allowed to do the job on their own what was he meant to do when there by himself ?

That’s what I was wondering? If it’s company policy that he should work alone then this is very unfair. Has he passed the probation period?

Original poster
bellill · 02/12/2019 15:23

Thank you, he's just sent me an ACAS document to print for him so will defo get onto that :)

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Original poster
bellill · 02/12/2019 15:25

@Perisoire this is the part that frustrates me the most. Even when they're all there if someone has to leave to attend a job offsite, whoever is left behind has to just sit around and wait until they're back. They had a serious H&S breach recently which made them enforce this. It seems like one rule for one and one for another

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twinboymumma · 02/12/2019 15:26

It depends on a lot of things - most importantly, the company policy for things like this. Does it say it's a gross misconduct offence? Was a disciplinary meeting held? If so, he would be able to appeal the decision (where he would need to state his case as to why he felt it was unfair). Without appealing there's no point taking it any further as ACAS will see that as he has accepted the decision.

Hoppinggreen · 02/12/2019 15:28

He’s been there less than 2 years so they can sack him for anything as long as it’s not discriminatory as far as I’m aware
However, like most people on here I’m not a HR professional or employment lawyer and you should only take advice from one of those.
Ask for this to be moved to employment where you should be able to get proper advice from properly qualified people.

dottiedodah · 02/12/2019 15:29

Seems like he hasnt been there very long ,so Management are singling him out maybe?As someone else says ACAS would help .What about a Union ,does he belong to anything like this .

sweeneytoddsrazor · 02/12/2019 15:29

So maybe he should have just sat there for the hour. Boring obviously but if he isnt allowed to work on his own because of H&S then that would have been him following protocol.

Original poster
bellill · 02/12/2019 15:30

@twinboymumma I'm not sure, we would need to look into this tonight.

He was just called into a 1 on 1 meeting this morning and told its gross misconduct and then they escorted him off site.

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BAISum6367 · 02/12/2019 15:31

I'm sorry to hear about your husbands job.

I'd contact ACAS and see what advice they can offer. My friends partner worked for 2 decades for the same company, working very hard, was very loyal towards them, he often worked 60-70 hours a week even though everyone else took off after 40 hours. They sacked him as he'd been in hospital with sepsis and on kidney dialysis. They were looking for a reason to stop him coming back as they thought he'd need more time off due to his ill health and also because his No. 2 in command (a young lad) thought it was fun without him, and so did his mates that did little to nothing work whilst my friends partner was off sick. So whilst away they cobbled together a load of unfounded allegations to prevent him coming back. THe organisation got someone in 'independent' (we think they paid them a back hander or they must have been very thick not to have seen the pattern that had emerged) and they found him 'guilty' as charged.

The pinnacle was when he was fired due to the fact he had indulged in 'horseplay' with his colleagues as it was in the 'official rule book' that this was not permitted in the workplace although all the staff at one time or another had indulged in it over the twenty plus years. He was singled out because they wanted rid of him. And they managed it. ACAS said he hadn't a leg to stand on as the rules of the organisation were printed in black and white. Never mind what any of the others had done over the years. My friend and him were devastated.

So I wouldn't hold out much hope. I wish you the best of luck though.

Original poster
bellill · 02/12/2019 15:33

@dottiedoodah that's kind of how it feels, like he knows the other staff do the same but he's making an example of him maybe as he's easier to get rid of

@sweeneytoddsrazor I do agree! Its a pretty freaky environment and he actually came home because he was so freaked out being there alone haha i don't think the sitting around doing nothing part bothered him so much

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AndNoneForGretchenWieners · 02/12/2019 15:33

As hopping says, he can be sacked for any reason that is not against the law if he's worked there fewer than 2 years. (I'm a union rep).

However it is worth asking for the appeals procedure, and appealing based on the grounds that he made a mistake, wouldn't do it again, thought he was doing the right thing due to lone working situation. If he shows genuine remorse and insight into why it was wrong, he may be able to be reinstated. They don't have to agree to this though legally.

Mishfit0819 · 02/12/2019 15:36

Unfortunately if he's only been there since May, he won't have full employment rights. It's a horrible situation and by all means get him to contact ACAS but I doubt there's much they'll achieve from what you have said.

If I were you I'd focus more time on getting him a new job in a better employer.

Original poster
bellill · 02/12/2019 15:36

@BAISum6367 sorry to hear that - that's an awful thing to happen. Hope they are back on track now. Life is so unfair sometimes to people that don't deserve it!

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YouSawThePlans · 02/12/2019 15:39

It sounds as though the lone working is a bit of a red herring. He's not allowed to do his job on his own for H&S but is supposed to stay in work. It's a bit like a nursing assistant not being allowed to do a two-man lift on their own . . .but they can't just pop home.

As PPs have said ACAS and trying to appeal are your best options but also apply for other jobs too. There may be some temporary Christmas cover roles available which can tide you both over until the new year.

maddy68 · 02/12/2019 15:39

You have legal cover on your home insurance give them a ring.

Original poster
bellill · 02/12/2019 15:39

Thanks everyone for all of your help! I was anxious to post as felt everyone would just say he shouldn't have left early haha!

Fortunately he is well qualified for his job at at a young age and he already has an interview lined up for Wednesday and a few agencies getting back to him.

I think we'll try and appeal just so he can have a say but agree its best to focus on a new job as doubt he'd want to go back there now anyway!

Thanks all xx

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