Husband just been sacked

[bellill]

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 :(

So he went FYI
10.30 to midnight but you never asked about it? And he didn’t get any increase in pay?

What - an employee has no rights if they have worked at a place for under two years???!!!! That's ridiculous - thank goodness I don't live in the UK.

His hours were changed so he started later and finished later, this was only done verbally just wondered if we could use it to our advantage in this situation but perhaps not

is he salaried or paid by the hour, does he fill in timesheets with the hours he works?

eaglejulesk

To say that " an employee has no rights if they have worked at a place for under two years" isn't entirely correct. but it has made it easier for companies to get rid of people.

bellill

ACAS has been mentioned but you may want to post on the legal board or even see a real solicitor, if you are thinking about pursuing this.

I believe you technically still have employment rights from day 1, but you are unable to bring a case to a tribunal in the first 2 years of your employment (except in cases of discrimination)

It basically comes down to having no independent forum in which you can enforce those rights, so they might as well not exist.

Hmm, look at 'custom and practice' which may get them off that one.

Just what I was going to say.

However, if he can show that it was common practice for staff to leave early and management were aware then custom and practice may apply in his favour too. Also why was he singled out.

With respect to his changed hours, this is why you need expert advice based on his full circumstances e.g. if there is an antisocial hours payment for late working that he should have got if his hours changed and he didn’t get it then that weakens the company’s position but if there was one and he got it then that weakens his position on the changed hours.

I do think that his aim should be agreed departure and agreed reference.

@ChazsBrilliantAttitude thank you, he has an appeal on Monday and I think it will be quite easy for him to prove he has been treated differently on more than one occasion. He also found out yesterday his replacement started that day, so a day after he was sacked and conveniently came from the company the manager used to work for 🤔
Fortunately my husband had a job offer today and and he was honest about the circumstances. He also has another interview on Friday so he wouldn’t need to go back but just don’t like the thought of him being treated unfairly obviously so want him to have his say on that and still get it downgraded from the gross misconduct. 🤞🏼