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.

It's really shit of them, totally unethical and no doubt has done a lot more than financial damage as it is a big blow to be sacked.

I agree with pps who suspect it's all about the firm's financial position rather than anything to do with your husband. Very mean of them to suggest he had in some way done wrong.

Rant away, it's despicable.

I really hope your husband can pick himself up and find something else soon, I know it isn't easy but it'll so help you all to put this behind you.

I am sorry this has happened.

1. You only have to send someone their written terms (contract - principal statement) of employment if you intend to employ them for more than a month www.gov.uk/employing-staff. This has been the law for 30 or more years so I don't think someone above blaming the Tories is quite right.

1. It is true the unfair dismissal minimum period is 2 years and used to be 1 year of service (but before that was 2 years for ages and I believe under Labour) unless there is discrimination.

1. As nannynick says the key issue on notice period is if he has done a month he is entitled to a week's pay. i suspect he started just before the 3 weeks ago opening and he has been sacked before the month is up to avoid any legal need to give a week's pay or make him work his week's notice period. (You can be made to work the notice period).

If PAYE employee he is entitled to a pay slip and to a P45.

Not giving reasons for sacking someone is not illegal in this first few weeks period as far as I am aware. in fact stating reasons can get some employers into trouble as employees then disagree or pick up on something and say it was discriminatatory so the less said the better even though that feels unfair to staff.

...discriminatory...

I work full time nights, I'm on okay money but it's not enough to support us all for long.
We have no family support for childcare.

Here's hoping the coming days bring some sort of work for him. I'm hoping the agency phone tomorrow with a placement.

I'm so sorry so many have you been in the same position! Even if it is legal, it still feels wrong and thank you all for your support, kind words, and advice! It's all very much appreciated!

Fingers crossed something comes along far better

Been there - best thing is just find another job as quick as you can concentrate fully on that - as said they are in financial trouble and you can’t waste time on them as no legal way to get anything from them. Seeing as a five week wait for universal credit apply fast online so you may get a bit of money to top up a small wage or if no job.

They won’t have been able to afford him.

I’d contact the citizens advice to try and make sure he gets paid for what he did.

Other than that I would make sure people locally are aware of what’s happened - so people don’t extend the business credit etc.

I hope he finds something fast
I was let go by a company that headhunted me after 6 months, they made up some bullshit "as you know we've been considering redundancies" they hadn't said a thing.
They've lost all but 1 of their branches now, they were a small local chain and thanks to them I will never work for a small business again.
Boss got a new Audi, I got my notice
Prick.
I hope he loses everything

This happened to me about 6 or 7 years ago after 16 months in position. It was a large firm, still going today, but I'd obviously pissed someone off (I think I know who but it's in the past now). This person had the ear of the managing director who had never had any complaints about me before.

I have no advice to offer other than what has already been said (I also think they're in financial trouble) but it might help to stop thinking of it as 'being sacked' and start thinking of it as 'being let go'.

I hope he finds something better soon.

So a small business run by a couple of mates with cash flow problems? Wouldn't be construction related would it?

2. It is true the unfair dismissal minimum period is 2 years and used to be 1 year of service (but before that was 2 years for ages and I believe under Labour) unless there is discrimination.

It was reduced to 1 yr in 1999 under Blair, having been put up to 2 years in the early 90s I think. In 2012 the Cameron government put it back up to 2 years and put up the fees on tribunals for employees adding another barrier to claiming unfair dismissal (including where discrimination is involved) since people in this position are disproportionately lower and lower middle earners.

Frankly any employer who can't assess and employee within six months of full time work shouldn't be in business. Any other dismissal should have a clear explainable reason (which might be business costs).

The number of women in particular who lost out under the Cameron changes was well documented by Pregnant Then Screwed.

However OP in your case he obviously needs whatever he can get to tide him over but if he can, its worth checking track records of future employers before signing up with them.

So awful OP, especially at this time of year. Must be really worrying and stressful for you all. Are you confident that your DH has told you the full story, and isn’t hiding anything from you? Maybe he had done something, which he feels unable to share with you, which may have prompted the sacking?

@VashtaNerada

It’s just awful but since the Tories changed the rules, it’s completely legal. Happened to me years ago. I was working somewhere for a year, thought all was fine, and then called into a meeting and asked to leave. I never got a reason which made it all the more difficult to deal with. I hope he gets a new job soon with someone who actually treats employees with respect.

What rule did the Tories change? Genuine question, I’m not a Tory supporter but I do come across some employment queries in my line of work and I’ve not been aware of a Tory rule change in this area but I could have course completely have missed it as it’s not my main area. Everything I’ve seen over last 10 to 15 years has generally been strengthing of employee rights rather than other way round As far as I knew it was always easy to get rid of someone who’d only worked a short time.

How terrible - I'm so sorry.

Tell everyone in the village. (A similar thing happened here a few years ago. They went out of business and the chap got a new job. Nobody wants to deal with people like that.)

Boss got a new Audi, I got my notice

That is a definition of wickedness in my opinion. Disgusting. I hope you have fair, good employment now @Ducksareruiningmypatio

While the flakiest of businesses, with a business plan that wouldn't get a bank loan or trade credit can always get a week - or even a month's credit from employees.
The point has already been made about the obligation to provide a written contract which they have failed to do. How were the wages paid as any company must have its own bank account.
You can check out filed information here: www.gov.uk/government/organisations/companies-house and raise concerns with the registrar. I wouldn't hold my breath, but it might put them on a shorter leash.

Sorry this has happened - I agree that it looks like they ran out of money. Just wanted to say your DH will have accrued some holiday pay. Even casual staff accrue holiday from day one. Easy way to work it out is hours worked X 0.1207 = hours of holiday pay.

To your point @nannynick as it not longer costs a claimant to lodge a Tribunal claim, for something as standard as Wrongful dismissal and not paying due notice by the employer, it's worth entering the claim.

Being contacted by ACAS for early conciliation which that claim will trigger, is often the boot up the backside unscrupulous employers need to cough up the payment.

@Wfhquery

It is true that the Conservatives, during Cameron’s term, increased the Unfair dismissal claim eligibility period from one year to two years. But frankly, I don’t see th expo in in politicking this, it doesn’t help the OP. The eligibility period has gone up and down a few times and was introduced by a Conservative government in the first place, prior to that nobody could claim unfair dismissal.

Everything I’ve seen over last 10 to 15 years has generally been strengthing of employee rights

I'm bemused that extending the "trial period" for employers from one year to two years and putting cost barriers in the way of people wanting to bring a case of unfair dismissal is strengthening employee rights.

In some sectors employment deregulation is so extensive now that it is pretty much impossible for Joe or Jane Average to claim unfair dismissal (which is why I asked about sector). We have the least protected workforce in Europe and even where rights exist in law, its academic if staff can't exercise those rights.

Does he drive? My OH is always inundated with temp work from Yodel etc up to Christmas and into January - he doesn't do multidrop just distance so you do need to like motorways!

@lunarlandscape

Boss got a new Audi, I got my notice

That is a definition of wickedness in my opinion. Disgusting. I hope you have fair, good employment now @Ducksareruiningmypatio

The best Im really happy where I am and I'm past the magic 2 year mark!

Really shot thing to happen but almost better now than after Christmas because there are loads of temp Christmas jobs to pick up whilst he looks for a more permanent role.

Our family all do temp jobs and they pay much more than permanent roles and we get to choose our days off.
It is a bit precarious and you don’t get sickness or holiday pay but you do get freedom and a high hourly salary when you do work. You can work 7 days per week if you wanted to.

I don’t think the company had the money to pay him and if a p/t person can do his job then they will save the money and I don’t think they will put in cover for when the p/t person isn’t there

It might not seem like it now but I think he is probably better off out of there now than in a few weeks time.
They could have been really shit and kept him on and then not paid him and then sacked him on Christmas Eve
Your rent would have been missed again and you would be facing Christmas without the possibility of any money.
At least this way there are temp jobs out there to at least bring some money in.

Awful way to treat him but sadly there’s nothing that can be done.

Years ago I got a job in a pub, was there for a few weeks, turned up for work one day and there was no one there, place locked up. Turned out they had moved out due to money issues but they had not told the staff. Luckily it wasn’t my only job but I feel for others that worked there.

Hopefully he can find more work, there are many places advertising for temp staff over Christmas which could tidy him over for a bit?

@colourfulpuddles

It shocks me that even with a contract you can still be dismissed just like that with no reason!

Only for up to 2 years, and it makes sense. If it isn’t working, employers should have the right to just say so.

I don't think employers need 2 full years to make that decision.