Sacked without a reason.

[Atmywitsend29]

DH started working for a small, local and brand new business in our village. Full time, he worked hard, never had a complaint from a customer.

He turned up for work Thursday and was told he had been sacked. Immediate dismissal. No notice. No warning. And he has still been given no reason as to why! He asked and was told he'd receive an email, he never received an email. And was removed from the group messaging moments after being told he'd been sacked.

DH didn't have a contract, the business owners were "working on it" (business only been open 3 weeks, DH been working there since just before opening).
Which I know means there's nothing he can do.

Not really sure I have an AIBU now I've typed this out (I already know it probably would BU to march down there and demand they tell me why they've done this to a man with kids, a month before Christmas, a week after their late payment of his wages caused us to miss rent) but more of a stark warning really.... Never ever ever ever work for someone without signing a contract. No matter how nice they make themselves seem.

This is awful, but fortunately staff are in short supply generally so he should be able to find something to tide you over Christmas. Has he signed up with any recruitment agencies?

I'm agreeing it sounds like financial difficulty, still horrid. But maybe it was always going to happen. Best of luck to him finding something soon .

It doesn't really matter if you have a contract with a probation period and terms and conditions you can be dismissed without reason in the first 2 years. (with few exceptions)

However make sure he gets his proper final pay including notice and holiday and if not absolutely issue a ET1 even if just to scare them into paying.

As people have said, a contract would have made no difference. They don't need a reason to get rid of you within the first two years.

The red flag is that they'd only been open three weeks and couldn't afford to pay him. Lots of new businesses make the mistake of taking on lots of staff that they they can't afford to pay.

It's why so many small businesses are run by the owner plus maybe one or two part-timers as employment costs are massive.

I think your husband has had a lucky escape (although it doesn't seem that way now) - did he give up a good job for this?

A similar thing happened to a friend of mine and his old job actually took him back as they were struggling to recruit after he left!

I've always worked jobs with a pre agreed probationary period, and a contractual notice period. For example my probation is 6 months, my notice period is a week (for me and the company) until I complete my probation, and then it's 1 month for me and for the company.

Unfortunately none of that means they can't just get rid of you on the spot if they wish.

They can give you pay in lieu of notice, for example.

He's paid weekly, so is only owed 2 days work and I'm not sure he's even accrued any holiday yet. They said they'd pay him to the end of the week but I'll be honest, neither of us are holding our breath.

It's a small business so the two owners, are also the company directors.

He's spent the past two days applying for jobs and has signed on to an agency local to us, he spent all of last night completing the agencies online training courses.
Hopefully he gets something in the next couple of days, am not sure our belts could get much tighter

They don’t sound like a very good employer tbh although I can see why he’s angry. Hope he finds something soon.

You need to stop saying and thinking that he didn’t have a contract. He absolutely had a contract and he had a contract from the moment the position was offered and accepted.

A piece of paper is evidence of the employment contract and of course evidence is good to have, but he was still employed and still had a contract.

That said, as employees can be dismissed at any point during the first two years (except for certain circumstances) there isn’t a whole lot that can be done. But he is entitled to notice, not getting the proper notice means that it becomes “wrongful dismissal” (as opposed to unfair dismissal). Without the evidence of a contract saying anything to the contrary, I would assume statutory notice periods would apply, which would maybe be a weeks notice and pay (it depends on how long he was there). Not much, but something I would make sure I got.

As others have said, a contract would’ve made no difference.

There’s plenty of temporary work about in the run up to Christmas. I hope he gets something soon.

@Atmywitsend29

I've always worked jobs with a pre agreed probationary period, and a contractual notice period. For example my probation is 6 months, my notice period is a week (for me and the company) until I complete my probation, and then it's 1 month for me and for the company. Personally it seems completely outrageous that a company can just sack someone on the spot, not give them notice or reason, and they could have been a loyal hard working employee for 18 months!

Non of which would make a difference though if a company wanted rid of you. Could still be sacked without cause under two years. Though of course most companies with such things in place choose to follow them.

It’s not actually strictly legal

Whilst you do normally need two years service for an unfair dismissal claim (except for discrimination etc) a proper process still needs to be followed and he could look at a wrongful dismissal claim which doesn’t require the length of service. This would only get him anything he’s owed such as notice pay so may not be worth it

But he is entitled to notice, not getting the proper notice means that it becomes “wrongful dismissal” (as opposed to unfair dismissal).

They don't have to give him any notice as he's been working there less than a month:

https://worksmart.org.uk/work-rights/pay-and-contracts/notice-periods/what-notice-does-my-employer-have-give-me-if-my

"The law states that you are entitled to at least one week's notice if you have worked for your employer for anywhere between one month and two years."

I suspect that's why they did this now

Like @Rangoon, my first thought is business is in huge trouble

Hope your DH finds alternative work soon: doing temp work for Xmas a good idea

If possible, try to negotiate a reference as (worst case) a future employer might be wary of reason for dismissal: as it’s only been 3 weeks this may however not be an issue

It happened to me three times OP so I dont do any private work now I went back to the NHS. It was during periods when the work dried up and I was just tossed out. Its gutting. Contracts mean nothing I had a contract.

Also they’ve broken employment law by not providing him with a written statement of the terms of his employment and you might have a claim for unlawful deduction from wages if they owe him pay

Probably not worth much but maybe a letter pointing these things out might make them at least pay him anything he’s owed

Sounds like he’s had a lucky escape though if this is how they treat people

I'm so sorry this has happened OP it must be very stressful.

Loads of places are hiring at the moment. I wouldn't do as you indicated you might and try to find something similarly paid at the moment. Focus on getting him working any job - even seasonal. Then when he is in work he can continue to look and apply for better paid work - which might also have a longer cycle of waiting for closing dates/interviews etc.

My local supermarket has signs up "we are hiring", our pizza delivery had a flyer "we are looking for drivers". Parcel delivery/retail christmas temps.

Do you work OP? (sorry if I missed you say) if not now might be a good time to also look for something. Do you have any family childcare (besides your partner?) Some workplaces might be willing to put parents on different shifts such as one of you on earlies and one on a late (or different days for example in retail) so you can hand over responsibility for the children and both work.

Will you be putting in a claim for benefits? If you work and earn too much to qualify might your partner be entitled to contribution based or "new style" job seekers allowance?

Good luck with everything

Either they can't afford him or they are uncomfortable that he knows the law on H&S etc which could incur costs they'd not foreseen and they want rid of him because he knows too much whereas a more minor employee can be made to gloss over important things like how safe the workers and customers are on site etc.

The fact they paid him a week late is indicative that they have cash flow issues and he might have seemed like someone who wouldn't put up with that. If I were you I would spread the word about how unreliable they are. I hope he finds another job soon. There is, at least, a lot of temporary work over Christmas in hospitality and deliveries where he could pick up some income until he finds the right post.

Employers in catering and hospitality are crying out for staff. Could either of you go for that?

I wouldn't, especially at this time of year, especially with kids, have given up a steady job for a start-up in a village. These things seldom work out well, and the writing was on the wall when his first paycheque was late. Cash-flow problems at any point often spells doom as small businesses don't have enough liquidity to bridge gaps.

It's unlikely he's going to get anywhere with these people. He now needs to focus on securing any gainful employment.

ACAS gives free employment law advice. You don't need a contract to prove employment (wages are a form of contract in the absence of a written one). It could be wrongful dismissal. Somebody might have made a malicious complaint against him. Always join a union and pay the lower rate when between jobs (it can be about £2 per month for the community rate).

Your husband is doing all the right things and I really hope something else comes up. All the best to you and your family

They sound a horrible business to work for OP. If it helps, local to us all of the supermarkets, post offices etc including amazon are looking for seasonal staff. It’s possibly not his ideal job but would help now. Also try places like UPS or DPD too. They also look for people with immediate starts to help courier drivers. DH is a courier and gets someone to help. DH does the driving, helper does the delivering.

Sorry to hear this. Devastating news. But please dont worry. Never has there been a better time to be job hunting. Job vacancies are plentiful and unemployment figures are low

He will get something super fast. Dont panic

Can happen in big companies too. DH was let go from a job one day before his 6 month probation period was up, no performance management up to that point, pay in lieu of notice and escorted off the premises. Glass Door suggests they do it regularly and they have had some recent bad press for how they treat their people. He's just gone past the 2 years in his current job which makes us all happier.

Hang on in there, hope something comes up for Christmas

If you’re going to claim Universal Credit, you can do it online today. Hopefully he’ll find something so you won’t need it.

My dd had this.
The people had burned through their cash before first pay day.
Sounds similar.
Better now whilst people are hiring than Xmas eve.
But yeah, bastards