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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:
Snowman123 · 02/12/2019 18:00

I think due to the length of service he cannot make a claim for unfair dismissal.

The circumstances seem really unfair. Do they have an appeal process? Did they follow a proper process?

Best bet is to find a better job. Good luck.

Lovemenorca · 02/12/2019 18:03

* Is there more to this?*

Had anything else happened previously?

I’d put money on it

Autumnfresh · 02/12/2019 18:08

Did he fill out timesheets to include the hours he had been leaving early? That is immediate dismissal.

Or maybe management are aware or everyone bunking off and they’re having a shake up. Other men may also have been dismissed or disciplined.

lillypopdaisyduke · 02/12/2019 18:12

sound like they wanted a excuse to let him go- get onto a job agency and apply for everything - IF he was reinstated, I guess they would make his job hard.

ScrimshawTheSecond · 02/12/2019 18:20

He has only been there since May this year.

I'm sorry, but if he's been there less than two years most protections don't apply, as I understand it. He can be sacked for almost anything.

ForalltheSaints · 02/12/2019 18:22

I would check about any appeals process. Worth checking if he had a probationary period as well in his contract.

viques · 02/12/2019 18:23

So by your own admission"more often than not" he is locking up and leaving a half an hour to an hour early.

I'm surprised he lasted there as long as seven months. No wonder you have money worries if someone who is supposed to be earning a wage to support his family thinks taking up to five hours money out of his employers pockets most weeks is smart .

He doesn't sound too bright your husband, didn't check with the manager before he walked out although he was aware of the company rules about single handed working, and thinks it's ok to lie about the hours he is working.

I hope for all your sakes he does get another job and I also hope he has learnt not to listen to people who are nothing more than thieves.

BoneyBackJefferson · 02/12/2019 18:25

I would think that this is due to leaving and claiming/receiving the money for hours not worked.

If he has had to fill in time sheets etc. it would be classed as fraudulent and gross misconduct.

Vanhi · 02/12/2019 18:30

There should have been steps taken as he's passed probation so step one verbal warning second written etc.

I'm pretty sure this isn't right. It's usual with more minor things but for gross misconduct you can skip these stages and just sack you. If they caught you doing something such as stealing you could hardly expect a verbal warning not to do it again!

time4chocolate · 02/12/2019 18:38

I don't think this has been mentioned but apologies if I missed it - there is also another potential issue with not informing management which would be that in the unlikely event a fire started during that hour, the fire service would be sent in to look for an employee that had already locked up and gone home.

Original poster
bellill · 02/12/2019 18:43

@viques thank you for your assumption that my husband isn’t very bright!! I find that highly offensive as you know fuck all about our situation and the reason we have had money problems! It is through him having a very serious accident 8 years ago which only thanks to pure fate that an experienced trauma doctor was at the scene, he hasn’t been left completely brain damaged or worse still dead! He was in a coma for 3 weeks and our life has been a struggle since!

OP posts:
Original poster
bellill · 02/12/2019 18:45

Thanks again to helpful comments! As I’ve said numerous times I understand that leaving early isn’t sensible and can see from an employers view how this seems. It was the done thing by everyone before he started and he works bloody hard for his money but I get it’s not his decision to leave about early. All comments taken on board and thanks to the helpful people

OP posts:
safariboot · 02/12/2019 18:51

A possible angle that hasn't been mentioned. If the company's a decent size, and your DH was "sacked" by his immediate manager, that manager might not actually have had the authority to do so. If that's the case it should come out when DH contacts his boss's boss or the HR department.

Besides that, if he's the youngest or oldest, or the only one on his team of an ethnic group, and he's been sacked for something other employees have got away with, then he might have something there. But I wouldn't be optimistic.

getmeacupoftea · 02/12/2019 18:59

Shouldnt he have had a written warning before sacking?

Puzzledandpissedoff · 02/12/2019 19:00

Firms are very reluctant to take on new workers if they cannot get rid of them quickly

And understandably so. It's absolutely right that established staff are properly protected, but the "qualifying period" is the price paid in return for the sheer difficulty of getting rid of anyone after it's completed

That said, it should probably be less than two years ...

BoneyBackJefferson · 02/12/2019 19:03

getmeacupoftea
Shouldnt he have had a written warning before sacking?

My understanding is not if its gross misconduct.

cabbageking · 02/12/2019 19:07

He had already been by himself the first hour. He can 't therefore use the excuse he couldn't work by himself? There must be more to this or the other person would also have been dismissed?

MrsMaiselsMuff · 02/12/2019 19:12

It is good practice to follow disciplinary stages, but with under two years employment you don't have any recourse if this doesn't happen (with a few exceptions).

The qualifying period for employment rights used to be one year, which is far more fair. The Conservatives extended that time to two years.

Original poster
bellill · 02/12/2019 19:14

There’s no more to the story. The other guy finishes at 10 as he’s younger and lives further away. DH should finish at 12 but locked up at 11 and left. I feel the manager should have put a plan in place knowing he would be on his own and think a warning would have been more sufficient than a sacking but 🤷🏻‍♀️

Basically the manager knows people do this regularly, DH is easiest to get rid of as not been there long.

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

I understand that leaving early isn’t sensible and can see from an employers view how this seems.

OP, it’s not that it isn’t sensible, it’s that it’s wholly unacceptable and gross misconduct. It’s not a slap on the wrist offence, and it is irrelevant what others do.

From your attitude of “can see how this seems” you come across as though you don’t actually see the big deal, but if either of you want to hold onto jobs in the future you need to realise the seriousness of an action such as this.

heartsonacake · 02/12/2019 19:18

think a warning would have been more sufficient than a sacking

A warning? For walking off the job yet still accepting money for an hour he hasn’t worked? It’s a serious offence.

Basically the manager knows people do this regularly,

It doesn’t matter. You don’t need to concern yourself with what others do, you follow the rules and do your job. Your husband didn’t and faced the consequences. As the newest employee he should have been even more cautious.

Original poster
bellill · 02/12/2019 19:22

I’ve been in my job for 8 years thank you and worked my way up from the bottom. He had been in his previous job since leaving school but thanks 👍 were in our late 20s

We’re not thieves and I have said it’s not right.

Maybe one day we will be as perfect as some people on here 😬

OP posts:
Gfplux · 02/12/2019 19:29

So sorry about this problem. If there is a rule book (I believe you said the rules were written down) then there will be rules on what steps must be taken if someone is to be disciplined or sacked.

Sadly workers rights are under threat as Johnsons Brexit deal has moved protection of workers rights from the legally binding withdrawal agreement to the NON binding political declaration.

MerryDeath · 02/12/2019 19:30

well in my opinion as no actual loss occurred they probably wanted rid of him.. i imagine this can probably be called gross misconduct. had they wanted to keep him they would have given a disciplinary.

heartsonacake · 02/12/2019 19:40

We’re not thieves

OP You claim you’re not thieves, but your husband is happy to take money for an hours work that he did not do, and according to you does this regularly.

well in my opinion as no actual loss occurred

MerryDeath Except the hours pay he received for an hour he didn’t work?

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