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.

FGS don't take the client list with you, that's terrible advice, and very likely to be breaking the law around data protection.

Phone ACAS before you do anything. You can send them a copy of your contract and they’ll pull it apart.
She sounds a pain in the arse.

This is exactly why I don't do private medical work anymore OP. They just sack you on a whim for any stupid reason. I was sacked like this three times and once as I found out to make way for my employers friend.
I've gone Back to the NHS where I dont have any problems at all.
They always blame you as well. It's shit.

To those suggesting OP steals clients, there will almost certainly be a poaching clause in her contract that doesn't allow her to approach clients for competitor work within a certain timeframe of leaving.

Doesn't have to be a client list. But OP has trained people and so knows which companies are involved, and unless there's something in her contract to say she can't set up in the same line of business in the area then she's free to do so. I know a group of vets who were so sick of the way they were treated by their close-to-retirement employers (who spent most of the time on holiday and playing golf and taking big profits) that they set up their own business. They've been very successful — and they don't treat their employees like shit.

I'd be inclined to drop in the following verbally to your boss with nobody else in the room at some point:

"Given the way you've gone about sacking me I'm surprised you'd trust me to work here for another two months Tinkly laugh, long stare"

I don't want to worry you further but will she really give you a good reference anyway, she sounds like a bitch.

Speak to ACAS for advice, but in the meantime keep a quiet note of the business contacts and consider setting up on your own.

That £800 she charged for you to do some work? Even if you charged someone £500 to do the same work I bet you'll be much better off financially.

It sounds like you’re doing therapeutic work with clients? If so remember they’ll need a proper ending with you so while I’d want to negotiate my notice period you’d need to go back sufficiently to allow clients to process their ending with you. If I’ve got the wrong end of the stick please ignore me.

For your notice, be polite and keep your head down, do your job, but nothing else. Dp what you are contracted to do and no more. She will likely complain, but she's doing that anyway. Wait outside in your car (take a nice book with you) until 8.59am, so that you're in the door by 9am exactly. Leave the moment the clock strikes 5pm (adjust those start and end times accordingly to your own hours).

Get your CV out there, and get a new job asap.

Sounds like your boss wants to do the bare minimum herself, so she either has somebody else already lined up to do your job (a family member or friend maybe? Would explain why she is acting as she currently is towards you), or she is going to struggle/pull her own weight in 8 weeks time.

Dp what you are contracted to do and no more.

Typo: Should read "Do what you are contracted to do and no more."

Is there any non-competition clause in your contract? In your shoes I'd be tempted to set up on my own and nick the clients.

I don’t think her boss will write a decent reference anyway.

@Defaultsettings neither do I. Your reference is supposed to be factual.

Steal her business from her. From what you've said you've done all the donkey work and you know the clients and the businesses for whom you are doing training. She's treated you badly — so take her business. It happens all the time. I've had hairdressers and building professionals who feel they're being exploited by their employers set out on their own and thrive.

This is not good advice and you definitely should not do this (especially without checking if there's a non-solicitation clause in your contract). It would be very bad for your reputation OP. If you're good at your job and fancy going self-employed you shouldn't have any problem finding your own clients. Nobody needs to work for idiots like this. Good luck!

The note is gold dust, isn't it? Because it shows such contempt for you and your well being and also dreadful reasons to sack you. Get the note and any other evidence you have of why she's sacked you, and speak to citizens advice and maybe a solicitor if you can find one who will take their fee from your settlement.

I’m almost positive I remember your previous thread, OP, and your boss sounded horrible then and sadly I’m not surprised it’s come to this.

Work out your notice period but I’d suspect that in the long run, you’ll move on to a better opportunity and your boss’ business will crash and burn.

Also, no need to sneakily try to steal business by downloading records or anything of the sort. However, you should give clients a head’s up that your last day will be X date so they can prepare for how their interactions with the company will change. Simultaneously, make sure you have a LinkedIn page set up with contact information (consider connecting with people you’ve developed true relationships with—this is good for networking and the job search) and you may find clients naturally reach out to you when everything goes to shit once you are gone.

@KTheGrey

Get the note and any other evidence you have of why she's sacked you, and speak to citizens advice and maybe a solicitor if you can find one who will take their fee from your settlement

why? To what end?

Oh my god, it’s got worse.

So yesterday she sacked me, and she offered for me to have today off if I wanted time to process it all. I said no I’ll be fine.
Later on I texted her to say “would it still be a problem having tomorrow off? No worries if not. Could I take it as holiday?”
She said it’s not ideal and I won’t be paid if not. Even though she offered. So I said fine.

I looked on the work phone photos, which is connected to her personal phone.
She had screenshotted my message, and sent it to her best friend. In the screenshot, there is a text from her best friend at the top that says “absolutely, she’s just one of those annoying people who doesn’t care…” I couldn’t see the rest.

So I’ve now found her bitching about me for asking a reasonable question. And I have access to all of this.

I actually feel sick and so disrespected

Wouldn't making information available for someone it doesn't involve be a breach of data protection regulations? It's certainly an invasion of your privacy and a disgraceful way for you to be treated. I'm so sorry this is happening to you, OP.
Would you consider looking into setting up on your own?

Why did you look at the photos? You know what she's like. You know she doesn't like you.

Just get job hunting and leave as soon as you can.

Please screenshot everything.

Is it lip fillers and stuff you do?

i’d be letting her know I can see the stuff she’s writing about me. She sounds hideous

Spend time gathering up as much evidence as you can. She's actually stupid as well as nasty.

Have a read of this - she has not carried out a proper procedure and from this, it seems that there may be some way to seek redress?

www.acas.org.uk/dismissals/unfair-dismissal

And ring ACAS now, this afternoon.

Also check whether you have legal cover on say a mortgage or car insurance.

www.acas.org.uk/contact