Do I have grounds for unfair dismissal???

[Cocacolachick]

Sorry this is going to be so long but I don’t want to miss anything. I’m absolutely livid I’ll try and describe this as best I can.

I work in healthcare, a very small company. My boss and I are the only workers, but she works part time and I’m the only full time worker. Essentially I’m making all the money which is fine but she’s very money driven and not particularly bothered about her employees. I see all the invoices including her getting paid £800 for ME to supervise students (which I get is part of the business, but I shouldn’t be seeing that).

A few months ago, she put me on a “performance review” because on one occasion I accidentally left a sign outside overnight and it got ruined by the rain. A complete mistake on my part, I get, but she very much made a big deal of it. She also set me a target to always do my contractual hours, because I left 5 minutes early once (though I come in 30 minutes early every day, without fail).

I know for sure I’ve met these targets. Yesterday, she called a meeting and said “okay I’m getting straight to the point, this isn’t working out”. Her reasons were not only ridiculous, but she never even discussed these with me prior.

• She said the thing that made her decide was that “I was off sick on Monday”. And I “let her know too late by email and didn’t even call”. She literally told me before that email was fine. And it was only a little later in the morning because I tried to come in, but still told her before my shift. And I have a doctors note. She’s essentially sacking me for calling in sick.
• She said it’s not just this though, but other things:
• She said “you moan that you have too much work on, and no time to do anything, but you really don’t have that much on”. She sees 2-3 clients a day when she’s in. I see 5-6 and have to do notes/report/admin/answering the phone.
• I don’t always answer the phone. I do this because I’m BUSY. She’s never had a problem, in fact she set up a virtual assistant to “help us” so I “can get on with my admin” yet is now sacking me for it.
• She told me I need to communicate with her that I’m struggling, so one morning I did call her saying I had struggled to find the time to prepare for a session. She yesterday said it was ridiculous, and that I “can’t be ringing her at all hours for fun” (it was 9:30am).
• I told her my housemate had covid. She said I need to pay for my own tests if I want to test as I don’t have symptoms. A few days later I came in coughing my guts out. She didn’t ask if I was ok, no concern, nothing. So I had to pay for my own tests even though I work in healthcare. She said it’s “because I didn’t come to her and ask”. She said she didn’t ask if I was ok because “I was running a team meeting at the time, and I’m currently moving house, it wasn’t on my mind”. I told her I had a problem with that and she said “yeah whatever”.
• She said I’m “not very good at winging my sessions”. Basically telling me I don’t need time to prepare - as long as I’m earning her money I shouldn’t be putting time to prepare or plan good sessions. She said she puts her family first.

So she sacked me there and then. With my 2 months notice, but essentially sacking me for reasons she never even discussed with me. I think she’s just decided she doesn’t like me.

BUT it gets worse. This morning, I go to write a note on the work phone, and there’s a note about all the things I’ve done wrong for me to find. This is SO unprofessional. But also there’s LOADS of things she’s never even brought up with me. Such as

• “leaving covid tests all over the table” I left one used test on one occasion by accident while I was in a session
• “Leaving the cabinet keys too close to the cabinet” fine, but she never told me this. And I came in the other day and SHE’D LEFT THEM IN THERE
• “Requesting she works from home one day while I was away” I literally should not be getting sacked for asking this??? The answer was no and I said okay fine??
• “Looking scruffy at work” again NEVER mentioned this and I know I do not look scruffy at work ever. Sometimes I don’t wear make up??
• “Heating at full blast” never told me to turn it down, and the office is freezing???
• “Not responding to clients emails” one time when I was off sick.
• “Not replying to my email asking if she was returning to work” she had emailed me at 7pm when I was sick, and I replied early the next morning???

Honestly I feel like she’s sacked me for unbelievable reasons. She just doesn’t like me, and she never even raised these as concerns before sacking me. Yes she’s given me notice but I have 2 months to panic-find a new job. And also, this is NOTHING to do with my clinical work. I know the job I do clinically is really really good.

I’m absolutely livid, I’m crying at work today and I’m struggling to be getting on with work that is just going straight into her paycheck.

SSP is statutory. Perhaps you’ve just found your bargaining chip - is your contract even legal?! Please call ACAS

As others have said, you don’t have any employment rights. I would do the bare minimum for 8 weeks and be looking for another job

A lot of those issues should be covered by work policies have u seen them

tbh it’s done just count the days

you could correct and challenge her but long term it won’t work out even if she does a u turn

Call the Acas helpline and check out the position with statutory sick pay.

It honestly sounds like you would be better off out of there. Had you been there for more than two years, I would be inclined to say yes unfair dismissal because she doesn’t appear to have followed a fair capability process. But as it is, no you cannot do anything. I would do the bare minimum for the next eight weeks and put your energy into your job search.

It's not unfair dismissal, but look on the bright side - you won't have to work for this woman any more. Is the 8 weeks notice written in your contract or has she made it up? Good luck with your job hunting.

This. It's not much but it is statutory and payable after the first 7 days I think?

A notice period is if you resign. if she's fired you, you should really have been paid your notice period and told not to come back into work. Its incredibly unprofessional of her, as the last thing you should be doing is giving a disgruntled employee access to all your financial and client information.

If you have been working for her for less than two years then she doesn't need a reason to dismiss you. Where has the 8 weeks notice come from?

Is that in your contract?

Yeah she does t sound like she has a clue really, so I'd definitely phone ACAS. Have you got all this stuff in writing (esp her sacking you but asking you to work two months. Did you sign a contract? What terms are laid out for dismissal?

I guess the only reason she’s not giving me gardening leave it because I’m the one earning her money by seeing all her clients unfortunately. Me being off on leave doesn’t pay her bills….

No it isn’t. A notice period is a notice period. In can be given both ways and it is up to the employer whether it needs to be worked or not.

Are you able to leave and quietly take your clients with you and set up on your own?

Does it say anything about notice period in your contract? I feel like you might have more power with this than you think?

This whole set up is not legal. Notice is what YOU give. You do not give notice of sacking and then expect the person to work it

This is the problem with posting for employment advice on AIBU. So much misinformation

She sounds utterly vile and doesn't deserve to have decent staff.

Rights are so limited with less than 2 years service I doubt if you'd be able to bring a dismissal case, but I'd try and look on the bright side - you'll have to get another job, which shouldn't be too hard in the current climate, and you won't have to put up with her utter crap.

I'm sorry you've been treated like this, it's appalling.

I would be seeing how much damage I can quietly do in the next two months.

That's not going to help her get a decent reference.

Unfortunately you have no rights as not at the two year mark.

I would be hammering the job searches and try and get out before the 2 month mark is up and leave without finishing your notice if you can. What a bitch.

A notice period is a notice period. In can be given both ways and it is up to the employer whether it needs to be worked or not.

That may be technically true - however, I've never heard of someone who has been dismissed working their notice period as it creates the possibility of far too much disruptive action & access to sensitive information.

In my own case, I was made redundant as part of a wider redundancy process in the firm during the recession. I did a very specialised role, and I suggested I work for a further 10 days to properly terminate agreements etc. Some people thought I was mad, but I was conscious of my reputation within the industry & didn't want to affect that by the company bungling the systems / invoices etc.

They agreed as it benefited them & we had a good relationship. It wasn't nice though - I was like a ghost for those 10 days, kind of an employee but not, and others were awkward around me. I kept my head down, sorted everything out & left feeling better that everything was in order.

Sorry op but there are no rights to bring unfair dismissal claims with under 2 years service. Hope you get a better job.

I agree with the others- take all her clients and set up on your own.

Are you self employed and invoicing her business or something? I can't understand why she would sack you and give you notice unless you're contracted or self employed or something? It seems very harsh of her but if you are either of those things and not properly employed by her you don't have a leg to stand on I'm afraid!x

I've just had a Google and according to citizens advice you can ask someone to work their notice, even if you're dismissing them