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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Just got sacked AIBU?

144 replies

WhosTHATgirllala · 04/08/2023 11:57

So my boss has just sacked me for saying Iv been spreading malicious gossip about him to customers. Long story short Iv never signed a contract, I don't receive payslips and Iv worked for him for less than two years. Back last year a colleague found a bag of class A drugs, brought them to me the boss have showed up and admitted they were his, end of it's none of my business what he does in his spare time. A year later he's sacked me over the phone stating I'm untrustworthy because Iv been gossiping about his drug addiction - to clarify I have NEVER mentioned anything about this because quite frank it's none of my business and I don't care enough. On the other note, the colleague that found them hasn't been sacked nor had a word with he's just assumed it was me, without even so much as asking for my side of the story even though there isn't one because no words have left my mouth about this. Aibu? Could I take this to a tribunal?

OP posts:
Cantstaystuckforever · 04/08/2023 12:44

You're getting some incorrect advice here (which isn't helped by being inconsistent about details like whether you have or haven't had payslips). You should really contact ACAS, but maybe first write down all the details so you're very clear and can present the information clearly.

Yes, you have limited ability to challenge the actual sacking with under 2 years of service, however he still owes you at minimum a one week notice payment even without a contract, and you may want a legal communication to ensure any future reference isn't incorrect/illegal.

As others have mentioned, HMRC and the police might well be interested in his fraudulent/illegal practices (though not necessarily, they're both under-resourced), but you also have to be practical about what is going to be best for you here, and whether there is any risk to you or your family if you report him.

Rosscameasdoody · 04/08/2023 12:47

WhosTHATgirllala · 04/08/2023 12:07

This is all completely legit, he's been paying by bank transfer I have proof that my wages come from his shop we've just never been given a contract to sign but I have proof Iv worked for him through my bank account.

Show quote history

But this wouldn’t prove that he’s been paying your tax and NI. You don’t need a contract to be an employee but I doubt you would be able to start proceedings for unfair dismissal without two years service, unless he’s breached your protected rights, which are established from day one. Have a look at the relevant sections of the Equality Act 2010 for the definition of protected rights.

mummymeister · 04/08/2023 12:50

You can also speak to Citizens advice either on the phone or in person for free advice. good luck.

LakeTiticaca · 04/08/2023 12:50

If you have a GOV.UK account you can check your NI payments. Very easy to set up an account.
You can report him to HMRC for not providing regular payslips and report him to the police in the hope they might raid his premises.

Original poster
WhosTHATgirllala · 04/08/2023 12:54

WhosTHATgirllala · 04/08/2023 11:57

So my boss has just sacked me for saying Iv been spreading malicious gossip about him to customers. Long story short Iv never signed a contract, I don't receive payslips and Iv worked for him for less than two years. Back last year a colleague found a bag of class A drugs, brought them to me the boss have showed up and admitted they were his, end of it's none of my business what he does in his spare time. A year later he's sacked me over the phone stating I'm untrustworthy because Iv been gossiping about his drug addiction - to clarify I have NEVER mentioned anything about this because quite frank it's none of my business and I don't care enough. On the other note, the colleague that found them hasn't been sacked nor had a word with he's just assumed it was me, without even so much as asking for my side of the story even though there isn't one because no words have left my mouth about this. Aibu? Could I take this to a tribunal?

UPDATE*

I have been in contact with ACAS, he legally should of given all us employees a contract to sign and payslips so I'm going to write to him to request them.

I have to then read the contract and I pretty much don't have a leg to stand on with being employed for less than two years.

Thank you so much for all your input.
I will now be putting my energy into finding another job.

:)

OP posts:
cyncope · 04/08/2023 13:00

Is there a reason he has sacked you and not your colleague - eg you are female and the colleague is male, or you are disabled/non-white/different religion?

Wearehappy · 04/08/2023 13:01

@WhosTHATgirllala This sounds so wrong I hope you get some resolution x

ManateeFair · 04/08/2023 13:06

This is all completely legit, he's been paying by bank transfer I have proof that my wages come from his shop

But if you haven't had payslips you don't know if your tax or NI has been paid. He might just be pocketing the deductions for all you know, or you might be paying the wrong amounts.

Original poster
WhosTHATgirllala · 04/08/2023 13:07

cyncope · 04/08/2023 13:00

Is there a reason he has sacked you and not your colleague - eg you are female and the colleague is male, or you are disabled/non-white/different religion?

No we are both female, but all of this is in discussion. He hasn't sacked the other female and we're trying to get to the bottom of why he hasn't.

OP posts:
LlynTegid · 04/08/2023 13:09

You should have gone to the police about the illegal drugs. Even if there had only been a police caution (wrong I know, but a possible outcome), his card would have been marked.

Hope you find another job soon.

Soapyspuds · 04/08/2023 13:10

Put your efforts into finding a better job and report the drugs to the police. For all you know it could be the missing link in largescale organised crime.

Smilencuddlesthenstab · 04/08/2023 13:11

if it turns out you haven’t been paying tax and ni then HMRC will expect their tax and ni from you

Viviennemary · 04/08/2023 13:24

You should have reported it to the police at the time. But I can sort of see why you didnt as you didn't want to lose your job. Why did the colleague bring the drugs to you. It was up to her to deal with it as she was the one who found them. I dont think you will get far with an industrial tribunal as you didn't report to the police at the time and you've been there under two years. But ring ACAS for advice if you like. But from what I've heard they are pretty useless.

Original poster
WhosTHATgirllala · 04/08/2023 13:35

Smilencuddlesthenstab · 04/08/2023 13:11

if it turns out you haven’t been paying tax and ni then HMRC will expect their tax and ni from you

I have a gov website that I have checked, my ni tax and pension have all been payed. I have had payslips from him but nothing recently. I have now requested them with my contract.

OP posts:
LakieLady · 04/08/2023 13:39

ManateeFair · 04/08/2023 13:06

This is all completely legit, he's been paying by bank transfer I have proof that my wages come from his shop

But if you haven't had payslips you don't know if your tax or NI has been paid. He might just be pocketing the deductions for all you know, or you might be paying the wrong amounts.

This. I certainly wouldn't trust an employer who didn't provide payslips to have deducted the right amount of tax and NI and handed it over to HMRC. One of my colleagues discovered that a client was getting well below NMW, because their employer claimed to have deducted tax and NI but hadn't. It came to light when they tried to claim benefits.

Were you getting paid holiday, OP, and statutory sick pay if you were off sick?

Original poster
WhosTHATgirllala · 04/08/2023 13:41

@LakieLady yes, I received holiday pay from them.

OP posts:
loreau · 04/08/2023 13:43

Don't take it personally. He probably sacks everyone before 2 years are up so you don't have any employment rights. This is just a flimsy pretext.

Original poster
WhosTHATgirllala · 04/08/2023 13:49

loreau · 04/08/2023 13:43

Don't take it personally. He probably sacks everyone before 2 years are up so you don't have any employment rights. This is just a flimsy pretext.

Yes, I have also just found out he does this ALOT!

OP posts:
Pickledpigeon · 04/08/2023 13:58

Op what would you like out of this situation.
Your job back ?
Revenge ?
Notice pay and decent reference, so you can look for employment somewhere better ?
It might be best to wait till you get over the initial hurt and then take action. He doesn’t sound like a reasonable person to deal with, so I would think what is the best approach to get what you want and what is better for you in the long term.

HarrietJet · 04/08/2023 13:58

WhosTHATgirllala · 04/08/2023 13:35

I have a gov website that I have checked, my ni tax and pension have all been payed. I have had payslips from him but nothing recently. I have now requested them with my contract.

Show quote history

How recently did he stop providing payslips?

Janieforever · 04/08/2023 14:12

As he has terminated employment I can’t see why he’d be motivated to give you a copy of your contract Or what realistically you can do if he doesn’t.

JFDIYOLO · 04/08/2023 14:20

How do you know you have been paying tax and NI without a payslip?

Where's the evidence?

Did you get a P60?

I would contact R&C and double check they have up to date records for you.

Do you have a workplace pension? Your employer is required to provide you with a pension:
https://www.thepensionsregulator.gov.uk/en/employers

Check with your pension provider to find out if he has been paying into your pension.

If he hasnt, contact the Pensions Regulator.

This man is a criminal.

Employers | The Pensions Regulator

Get to know employer duties for automatic enrolment and how to manage a pension scheme.

https://www.thepensionsregulator.gov.uk/en/employers

Puzzledandpissedoff · 04/08/2023 14:28

I have a gov website that I have checked, my ni tax and pension have all been payed

Thank god for that; having seen it done I was genuinely worried he might have pocketed the lot

Glad you got good advice from ACAS - though I wouldn't hold out too much hope of him sending you what you've requested - but overall I agree you're probably best off concentrating on looking for another job

Anyport · 04/08/2023 14:28

He has waited a year so that there would be doubt about any statement that you could make about his habit or possession. I would lay odds on that the work place has been cleaned just in case he gets a visit.

Original poster
WhosTHATgirllala · 04/08/2023 14:31

Anyport · 04/08/2023 14:28

He has waited a year so that there would be doubt about any statement that you could make about his habit or possession. I would lay odds on that the work place has been cleaned just in case he gets a visit.

If he knew me at all, I'm not vindictive, or speak of anyone's business. What he does in his own time is upto him I'm not interested. I just feel like it was a cheap cop out to get rid of me, seeing as he didn't get rid of the employee that actually found it.

OP posts: