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.

Guessing you are not in the UK because you've referred to a paycheck, in which case, MN UK cannot help!
But, if you do hapen to be in the UK, you are working for a 2-person private company providing healthcare, therefore you need to get advice on employment law and workers rights (CAB or a 15 min free consultation with an employment lawyer)
And sadly, even if you have been 'let-go' or made redundant, you can be required to work notice

Hear hear - so many armchair employment specialists!

I'd say to her U feel the environment is now hostile and unworkable. U feel you should be laid in lieu of notice and as a result you won't pursue things further

Really You need to spend these 2 months job hunting / interviews not wasting it there now

Good luck

Get your facts straight

Quite the charmer aren't you
And what an example to your kids - be dishonest, break the law (GDPR), bugger up your future chances of employment by behaving like an arse
Why not suggest that the OP keeps the moral high-ground, gets some legal advice and acts like she is the professional that she purportes to be

GDPR

Again GDPR!
How ignorant are you and those who think you can just poach clients like that
And how would you feel if you had an employee who did that to you

GDPR only applies to personal data, so if the client list was a list of businesses, it isn't covered by GDPR.

The only thing that might apply is a restrictive covenant or non-compete agreement, but OP hasn't confirmed whether the employer made her sign one of these.

And your ignorant dismissive comments mean nothing to me, horrible piece of work!

Why do so many people here post like utter fucking bitches? Don’t you have the capacity to disagree with a modicum of manners? That’s embarrassing. Such pathetic social skills all brave behind a keyboard!

Such pathetic social skills all brave behind a keyboard!

social skills have nothing to do with it.

coming on a thread where a poster has a RL issue, the appropriate advice on which is rooted in law not opinion, professing to be an expert and then giving incorrect advice based on opinion is inappropriate at best and down right stupid at worst

What things exactly do you think she can “pursue further”?

Says the poster who told me to do one as I had the temerity to disagree with her.

Have you apologised for giving incorrect and possibly dangerous advice yet?

I actually didn't and I am not wrong. "Dangerous" - ffs!!!

I advised her to contact ACAS.

Not going to answer with the braindead any further. Not my problem if you have difficulties with basic communication.

Now, do one again.

What If it's names of specific individuals that are with other companies ?

@letthemalldoone

no you didn’t just advise her to contact ACAS, you told her to collect as much evidence as possible, why tell her to waste her time like that?

then when you get called out by multiple posters for not knowing your statutory from your contractual requirements you have a little strop and start calling other people brain dead, oh the irony

She sounds AWFUL! Take your hard work and loyalty somewhere else and never look back.

It used to be a year rather than two so perhaps your workplace is a bit behind the times.

Lol at accusing others of “post like utter fucking bitches” in a complaint about posters being rude to other posters!

Nah I think we're ahead of the times tbh - I'm not in mother England TF! - but 1 million per cent it's one year where I am. Professionally sometimes it would be much easier it it was 2 years, but it's not. If you don't believe me I could not find one flying fuck to give.

I posted in good faith and I absolutely stand by what I said. I hope you feel fulfilled because I won't offer advice again. I was trying to help not invite a personal attack. I forgot this was MN!! I don't accept being insulted by idiots who clearly have no clue what they are talking about!

Yes, I did tell her to collect as much evidence as possible and consult ACAS, not some random fools on the internet, because I am unsure if there is anything that can be done around wrongful dismissal as opposed to unfair dismissal, due to the failure to follow procedures. According to the OP, fair procedures were clearly not followed. Again, I stand by that!! I was disparaged for outlining the PIP process, though if you dimwits were to read the OP, it's clear this was not followed as I described. Maybe you need to brush up on that my dears.

I also said, I didn't know if this was the case, but @Cocacolachick should find out. According to the ACAS website, there are situations where the 2 year rule may not apply. I don't know because (a) where I am there is a 1 year rule and (b) the organisation I work for is anal about getting the procedures right but hey what would I know, with my 30+ years CIPD accreditation, my postgrad diploma, my MSc in HRM with distinction and a lifetime of experience? Some twat on the internet decides to insult me because of their failure to comprehend?? Don't make me laugh!

My work colleagues and I have never faced a case of wrongful dismissal because we take great care to ensure our procedures are fair, transparent and therefore not open to challenge, but whatever you ignorant morons may think, it's still worth discussing with ACAS. There are plenty of issues that I have with my employing organisation but I am totally confident that treating them shamefully in formal cases is not one.

It's quite clear that you fools haven't got a clue. Bye.

@Cocacolachick I hope you get things sorted. I've had enough insults from arrogant tossers, and I'm out of here. FWIW I think the way you have been treated is disgusting and if there is the smallest chance of bringing this horrible woman to task, you should take it.

I’m a 15Y PQE employment lawyer.

You cannot bring a wrongful dismissal claim unless there is a failure to follow CONTRACTUAL procedures with less than two years service. The only statutory right is to notice, which can also be brought as a wrongful dismissal claim. Perhaps your organisation does have stringent contractual processes, but it doesn’t follow that it’s the same everywhere (in fact I specifically advise not to make such processes contractual, and I reckon it’s probably only 5% of employers that I’ve seen who have contractual procedures as opposed to non contractual processes that form part of the contract of employment).

The fact is that whilst ACAS guidelines are best practice, there is no need to follow them at all in short service cases as there is no legal recourse.

(I have terminated hundreds of employees over the years doing this with no comeback).

It's quite clear that you fools haven't got a clue. Bye.

@letthemalldoone

Here you go:

www.mumsnet.com/talk/flouncers_corner

Well that escalated quickly! 😬

Thanks for that. Makes sense I suppose. Was just hoping for the OP’s sake there might be some obscure loophole. I’ve never come across a wrongful dismissal case and we have our own ‘best practice’ (not ACAS) but we wouldn’t have them as we are rigorous about best practice. Like so many issues I sometimes wonder why we are so anti-risk when there’s no comeback on the employer anyway!

It’s refreshing to get a response from a position of knowledge without the insults, so thank you !