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.

If you’re got good enough for her why on earth does she want you to work 2?months notice? She sounds v unprofessional.

She's a bit of a monster, isn't she? You are well shot of her.

You sound like you are highly employable and you should do all the things @OverCCCs said. And also job hunt like the Dickens right now.

Virtually the first thing that link says is IF you have been at an employer 2 years, OP hasn’t.
There is no point in wasting time in gathering anything
Shes horrible OP and I don’t know how you are going to cope with working for her for 2 months but if it’s in your contract I don’t know what else you can do

Don't answer this OP, just to be safe.

I suspect it probably is the case, but it costs nothing to get in touch with ACAS and I have always found them to be incredibly helpful. Good luck.

How awful. There are some horrible people around I don’t know how they live with themselves.

Maybe she doesn’t want to employ anyone for over two years so she’s gone about trying to find reasons to sack you.

Can you just get some sort of clinical agency work very quickly just to get out, now?

OP, you’ve posted the clause that states how much notice the employer has to give you (two months) but have you a clause in there stipulating how much notice YOU have to give THEM?

If there isn’t such a clause in the contract then statutory notice applies so you could lawfully resign giving a weeks notice and there’s nothing she can do about it.

(She can lawfully ask you to work your notice period but if you want to give counter notice if the notice period is shorter then you can do)

Set up in competition with her and steal her clients ?

OP, have you started looking for another job?

Absolutely have! Applied for a few. Just excruciating waiting for deadlines and replies etc

My experience as well

I think this re the two years. Also, she might want to up her own hours. You’re well out of it.

It is notice of termination of employment. The notice applies on both sides.

If a company is firing someone for gross misconduct, then of course they will not expect notice to be worked, but that is not what is happening here. The Op is merely being given her notice and if the employer wants her to work it then she is contractually obliged to work whatever her contract states.

So less than 2 years, you can't claim unless they sacked you due to a protected characteristic, they can for any other reason (including if they didn't follow the process unfortunately, as she clearly hasn't).

You are well out of there by the sound of it though, she sounds like a pathetic excuse for a boss.

I suspect that the not she wrote about you should be treated confidentially and if she didn’t you certainly have a complaint there imo

Several people on this thread have given you wrong advice about notice, stating that an employer cannot sack you with notice and require you to work your notice period.
Ignore it and do not hare off down some path on an erroneous basis.

You are naturally upset at being sacked and hurt by a litany of fault finding but working your notice does mean that you do not have the panic of an immediate loss of income and it gives you time to find another job / self-employment more agreeable and suited to your skills.

Carry on with that in mind, knowing that the end is in sight and focus on the better things that lie ahead for you. View it as a liberation for you from an unhappy work situation.
Moneywise, there are plenty of jobs out there if you need a stop-gap while you organise something more permanent so do not panic about that or get down on yourself as a result of this bad experience with one employer.
You will recover from this, find a happier place and do yourself proud.

While it might not be something that you would consider doing, I'd gather the contact names/numbers of the clients you've been dealing with and once you're no longer working for her, I'd give strong consideration to setting up as a separate entity to her and making contact with those clients and letting them know that you're now working for yourself and if they would be interested in moving their business to you, you are already very familiar with their company/business so you'd be starting off on a familiar footing with them and you'd love to do business with them.

From what you've posted here, it sounds like you did the majority of the heavy lifting in that business anyway. She may have gotten the business started but you kept it going for her!

Suspect she has someone else in mind for your job....

Sorry, OP.

I thought she gave you two months severance. She told you that you are fired but now expects you go work for her for 8 more weeks??

Look for a job, but also try setting up on your own. Your clients will know you. Get business cards printed and see if you can become her competition.

Some of the answers on here are giving bad advice.

it’s quite legit to give someone notice of termination and expect them to work their notice. There is nothing wrong with this legally. Morally it’s arguable.

op this has been coming for a while. You were on a pip and have only been there a year. As others said, sadly you’ve no rights before 2 years to claim unfair dismissal. She is allowed to say it’s not working for me and I’m terminating. Whether you agree with her or not.

she clearly doesn’t like you, but the fact she doesn’t and you can see her private messages doesn’t mean she’s doing anything illegal, just she’s not professional or careful.

you are better off out of it, I’m really sorry you’re going through this.

ps Her offer of the day off yesterday and then you changing your mind later is it has left her with less time to manage the clients, that’s what’s pissed her off and that’s what her friend is referring to uou not caring about. I find it harsh and laughable you’re expected to give a shit about her clients to that extent.

She has been given two months notice, not offered severance pay.

It's very normal to be asked to work your notice (as per your contract) when employment is terminated. I'm surprised lots of people seem unaware of this.

While it's not an enjoyable experience usually, it means that you have an income during the contracted period while you look for more work, so aren't left suddenly with no income and no job.

OP could choose not to work her notice and to walk away but she'll lose her income completely and not everyone has the financial cushion to do that.

One question that I was wondering: Is she the actual owner of the business? In which case I'd wonder why she's gone this route-she could just say she's decided to take the company in a different direction/running out of money so very sorry, but she'll have to give you notice. Doing it this way is far more likely to cause a legal issue.

If she is the owner of the business, I'd just get out of there. You're going to get nothing from them.

If she isn't, and there's someone above her, I would think it was a good idea to request a meeting with them, because she may be telling them a totally different story.

Don’t do much

I thought legally she’s not allowed to give you a bad reference? She can say you weren’t suitable. But that’s about it….