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AIBU?

Do I have grounds for unfair dismissal???

176 replies

Cocacolachick · 10/03/2023 10:13

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.
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Am I being unreasonable?

436 votes. Final results.

POLL
You are being unreasonable
21%
You are NOT being unreasonable
79%
Cocacolachick · 10/03/2023 10:21

Sorry it’s so long I just feel so so upset and fuming

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katmarie · 10/03/2023 10:24

A lot of those things are subjective, and there's nothing to say that you've been dismissed for a reason protected in law (eg a protected characteristic) so the main question is how long you have worked for her. Less than 2 years and your rights are very very limited.

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Hoppinggreen · 10/03/2023 10:26

How long have you been there?
Under 2 years and she can sack you for whatever reason she chooses as long as she follows proper process and it’s not discrimination based on a protected characteristic

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Bigmirrorssmallrooms · 10/03/2023 10:28

The key part is how long have you worked there,

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Nightynightnight · 10/03/2023 10:33

As others have said you need to have been there for a certain amount of time before you really have any employment rights.

Look at ACAS website for advice and guidance before speaking to a solicitor. Gather any company policies regarding performance management and disciplinary procedures. You say it's just you and her, so you might be on to plums but worth looking into just in case.

It sounds like you really didn't enjoy this work set up anyway so whilst you will be feeling stung at the injustice of it, perhaps it's really a chance for you to move on somewhere else. It sounds like you enjoy and know your great at the clinical side of your work, but working with her wasn't for you. Could you work independently and set up your own business?

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SavBlancTonight · 10/03/2023 10:45

Yup, absolutely depends on how long you've been there.

Is she expecting you to work your notice? I'm not sure if she can insist on that. Might worth checking.

If you do, obviously ensure you do the bare minimum. Only exactly what is in your job description, only exactly what is required in terms of hours etc.

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Oblomov23 · 10/03/2023 10:51

Less than 2 years they can let you go, for literally no reason.

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FirstnameSuesecondnamePerb · 10/03/2023 11:01

You sound better off out of it tbh. My ddad always said never work for a small business, the will view every penny they pay you as a penny out of their pocket.
Probably planning on replacing you with a friend or relative.
Do the minimum you can and the maximum to get another job. As soon as you gey one, resign.
You are better off out of it.

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MsMarch · 10/03/2023 11:07

FirstnameSuesecondnamePerb · 10/03/2023 11:01

You sound better off out of it tbh. My ddad always said never work for a small business, the will view every penny they pay you as a penny out of their pocket.
Probably planning on replacing you with a friend or relative.
Do the minimum you can and the maximum to get another job. As soon as you gey one, resign.
You are better off out of it.

As the owner of a small business I totally disagree with this statement! Grin. I am a fabulous employer. (but I acknowledge that this isn't always the case).

But agree that you should do the minimum you have to while you look for a new job. And if you have been there more than 2 years I'd be speaking to a lawyer.

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MajorCarolDanvers · 10/03/2023 11:20

Been employed 2 years or more then. All ACAS and get proper advice.

Less than 2 years - I'm afraid there's not really anything you can do

Either way time to start looking for a new job.

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JustCheck · 10/03/2023 11:25

None of those are really solid reasons so it really is about length of service

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ThatsNiceVeryNice · 10/03/2023 11:50

I'm guessing you've been there longer than 2 years and that the 'performance review' she put you on was done with the sole aim of getting rid of you. What else did the performance review say and what did it consist of.

Can you leave and set up your own business?

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Cocacolachick · 10/03/2023 12:03

Unfortunately only a year :( she’s spoken to and treated me awfully I think, I guess there’s nothing I can do, but am I right to think this?!
God knows how I’m going to stomach working for her for the next 8 weeks, but I need a reference and money. I feel sick and keep crying at the thought of it

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GoodChat · 10/03/2023 12:14

She can't sack you and make you keep working.

Why would you want a reference from her?

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Cocacolachick · 10/03/2023 12:25

I need a reference though, if I find another job they’ll need one. And she said I’m legally required to have a notice. If I leave now, I won’t have any money and I have rent to pay :(

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JustCheck · 10/03/2023 12:28

Get signed off

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Cocacolachick · 10/03/2023 12:30

I would but I don’t have sick pay

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ginswinger · 10/03/2023 12:30

Well she's a bit silly isn't she? She's given you notice which she can do but also a litany af offences which is unecessary. This creates a hostile work environment so I would be looking for a reason to go off sick for 8 weeks, paid. Do you perhaps think you might be just stressed enough to go to your GP and get yourself signed off for a while?

What would have been far more sensible is for her to have a quiet chat with you and say sorry this isn't working for me but I'll let you go with a good reference and gardening leave for 8 weeks. Instead she's left herself wide open. Presumably you have all her contacts, IT systems etc? Jeez the stupidity of some people is breathtaking.

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Snoopystick · 10/03/2023 12:33

I’m no help with this unfortunately but your boss sounds like a proper bellend. Sorry it’s happened and think about getting signed off

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AllOfThemWitches · 10/03/2023 12:33

She sounds bloody awful, she's done you a favour although I appreciate you're in a difficult position.

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Cocacolachick · 10/03/2023 12:34

Appreciate it everyone thank you. My contract says I’m not eligible for SSP and I get no pay for sickness, and even if I was, I don’t think I could afford to live

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Oakorn · 10/03/2023 12:35

Cocacolachick · 10/03/2023 12:34

Appreciate it everyone thank you. My contract says I’m not eligible for SSP and I get no pay for sickness, and even if I was, I don’t think I could afford to live

It’s statutory.

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pippinsleftleg · 10/03/2023 12:37

Any chance you can take her clients and set up on your own?

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BobbidyBibbidyBob · 10/03/2023 12:38

OMG she sounds like an UTTER C**T!! can i say that?! i don't know, but she does. She sounds like just the type that will realise what she's got when it's gone. Good riddance to her. You deserve better. Don't bother with legal just sack her off and try and not let it have a long term impact on you.

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