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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:
heartsonacake · 02/12/2019 15:40

He has been there under two years so there is nothing he can do; he has no rights.

It really is irrelevant what others do, I’m afraid. Unfair but true.

runoutofnamechanges · 02/12/2019 15:40

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.

So the manager knew that he would be leaving early? TBH, if he has only been there since May, they can ask him to leave for no reason. However, no reason is better than being sacked for gross misconduct, especially as it may affect benefits, as well as getting another job. If the manager knew he would be leaving early, it is worth fighting the gross misconduct claim. I doubt very much he will get his job back though.

TheRobinIsBobbingAlong · 02/12/2019 15:40

Ideally he should have contacted his manager and pointed out he was not permitted to do the job alone according to the company H&S policy and asked the manager for a solution. It was not good practice to just leave, especially as he's relatively new. Sorry you are going through this though OP Flowers.

rhubarbcrumbles · 02/12/2019 15:46

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

Contact a manager. You don't just decide for yourself that you are going to finish early without talking to a manager and doing what they ask you.

Gentlygrowingoldermale · 02/12/2019 15:48

Sorry for you OP, but the new tough employment laws don't help much.

Whatever the rights or wrongs, I'd suggest he emphasises to ACAS how being on his own is a H&S issues and has happened x number of times.

I wish you both well and him for his interview.

ChicCroissant · 02/12/2019 15:48

Sorry to hear this, OP. It is always a shock when it happens.

I can think of one job where it is similar to a shop premises but the employee is not expected to work on their own late at night - so I'm wondering if this is similar, in which case he might have been expected to lock the doors but remain on site. Especially if he was paid for that hour. It is more likely to be the payment for the hour he didn't work that comes under gross misconduct rather than the leaving early. Leaving early is also likely to be a disciplinary offence as well, but it's the payment that tips it into Gross Misconduct IMO (and gross misconduct is usually ground for instant dismissal).

I hope he finds something else very soon, OP.

ChazsBrilliantAttitude · 02/12/2019 15:48

Take advice from ACAS. I think he should be pushing them to downgrade the sacking to left by agreement and get an agreed reference. He may get some traction with the H&S element if he was stuck in a situation where he couldn’t safely do his job.

Beau2019 · 02/12/2019 15:49

We don't know the nature of his job or whether or not what he has done as been outlined to be gross misconduct (sackable offence) prior to him doing it.

There could be grounds for unfair dismissal, there may not. We'd need more information including company policy. Although it sounds like he shouldn't have even been working alone in the first place.

Personally, whether or not other people did it, I would NEVER leave early unless my manager approved it. For this exact reason.

rhubarbcrumbles · 02/12/2019 15:50

whoever is left behind has to just sit around and wait until they're back.

Then that's what he should have done, surely? Not decide to go home.

They had a serious H&S breach recently which made them enforce this. It seems like one rule for one and one for another

How is it one rule fo one and one for another? They are supposed to not do the work that is a H&S risk when they are on their own, that's for their own protection. Why didn't he just contact the manager and explain and not do the work until the manager told him what to do?

Sorry but I think it was reasonable that there was disciplinary action.

prawnsword · 02/12/2019 15:51

What kind of work is it? If it’s a business that has set trading hours it would be a bad look if someone phoned or tried to go there & it was closed. Customers have expectations that places will trade until the hours stated.

Rubyroost · 02/12/2019 15:51

Doesn't matter really he could have done nothing and they could have sacked him as only worked there fir several months. Unless he is one if the protected characteristics

BritInUS1 · 02/12/2019 15:52

He has been there less than 2 years so they can get rid of him for no reason

It sounds like he was wrong. So, he can't do part of the job without someone else being there, but he is still being paid, so should have stayed there

Rubyroost · 02/12/2019 15:53

Absolutely no grounds for unfair dismissal.. You can debate all day whether what he did was right or wrong but they can dismiss for whatever they feel like within two years. Shit I know and I personally think the law should be changed.

CareOfPunts · 02/12/2019 15:54

Sorry to hear this. It’s not possible to give detailed advice on a forum post but when he speaks to ACAS say to him to ask them about automatic unfair dismissal on health and safety grounds. It might be worth looking into.

Oakmaiden · 02/12/2019 15:55

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.

This is, I think, really crucial to the unfairness of what happened.

However, just because it is clearly unfair, doesn't mean you can necessarily do anything about it. I can't advise as I have no knowledge of these things.

BlaueLagune · 02/12/2019 15:58

I personally think the law should be changed

Me too but I suspect with the Tory government it looks like we're getting, that employment rights will be reduced, not enhanced.

I don't think this is gross misconduct and agree he should be pushing them to give him an agreed reference (and pay any outstanding pay).

Awwlookatmybabyspider · 02/12/2019 15:59

Unfortunately if he’s been there less than 2 years. They can get rid of him for any reason they think up.
It’s a shitty thing to do to someone though at this time of year.

Original poster
bellill · 02/12/2019 15:59

Just to clarify there are no tasks he can do that aren't a H&S risk.

I do get everyone's point about he should have just sat there for the hour, and I agree, especially now! More often than not the other guys leave early and he stays behind as he lives more locally and he will lock up 30mins-1hr before they're due to finish so whilst this is wrong its what they have always done since he started so he didn't really thin twice.

He won't make the same mistake again that's for sure :)

OP posts:
Awwlookatmybabyspider · 02/12/2019 16:01

I too think your working rights should start from day one. People have families to feed and mortgages etc etc to pay. It’s not right that someone can just come in one day and rip the rug from underneath you.

BestOption · 02/12/2019 16:03

Definitely try to get the Gross Misconduct down graded to ‘left by agreement’ & a reference, as it’ll be better for him going forward. ACAS should be able to help

Hope the interview in Wed goes well and/or he gets some agency work & another job soon.

Do everything you can to stay ‘back on your feet’ & not get in debt over Christmas. There’s no need to spend loads x

heartsonacake · 02/12/2019 16:03

Just to clarify there are no tasks he can do that aren't a H&S risk.

Irrelevant. You don’t just leave work when you feel like it, especially so if they assume you are still there and you’re getting paid for it.

Yummymummy2020 · 02/12/2019 16:07

Is he in a union at all? They are invaluable for situations like this! I’m in no way an expert but I think if other people are doing something and no repercussions you could argue why is he being sacked? Might be a long shot but I have heard of similar arguments being successful? Really it’s someone in hr would be great to answer this! The fact others were doing it might change the dynamic!!!

Streamside · 02/12/2019 16:07

Did he complete a timesheet ie: did he say he was there when he wasn't?

CareOfPunts · 02/12/2019 16:09

If he’s been dismissed without notice he might have an argument for wrongful dismissal to at least get his notice pay out of them. If it’s happened before and there’s been no action taken it tends to weaken the employer’s argument when it happens again and someone is summarily dismissed that it’s gross misconduct

Span1elsRock · 02/12/2019 16:10

Did he tell anyone he was leaving?

If he didn't, then really I'd take that as someone walking off the job and would class it as gross misconduct. Yes there are H & S rules but not his decision to make.

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