Just got sacked AIBU?

[WhosTHATgirllala]

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?

Tbh I would just move on and find a better employer
I wouldn't look back. If he uses or deals class a drugs, I wouldn't want to be anywhere near, or pick an argument with him.

I have received payslips in the past but not for a few months.. 5 maybe?
I have checked on the gov account that my ni and tax has been payed also my pension - I pay in and so does work.
I haven't received a p60 though?

ACAS has said if he doesn't give me payslips or contract because legally he has to, there is further action I could take but she doesn't think it would be worth it.

This sounds so familiar it's scary. You're best off out of it OP. I had a similar boss for a short time and it was traumatic!

What further action? To what end? You won't be reinstated, op, nor will you be compensated. I'd just move on.

He should also send you a P45, OP, if he hasn't done so already.

You'll need it when you get a new job, which will hopefully be soon!

What's your story?
Sorry you've had to go through that, it's shocking isn't it.

Thank you. :)

How would all this pan out in a job interview though? I mean, I can't exactly ask him for a reference and how would I explain being fired to my next employer?

I’d message him and tell him that for the record you haven’t uttered a word about the drugs so he wants to look elsewhere to find out who has. I’d say that unfortunately I know will have to tell people as I’ll be seeking advice as I believe I’ve been sacked unlawfully, so I’ll have to tell them the whole story. Let him shit himself. Then start looking for another job

Tell the truth, substantiated allegations, or say nothing he should only confirm that you were employed there and worked from xxx to xxx

Your odds at tribunal are ZERO. Don't bother.

You have less than 2 years experience and he is not sack you for anything that would count as a protected characteristic.

He sounds like a dick. Make sure he pays you any money owed then go get yourself another job.

And consider calling the police regarding his drug habits if you feel like being petty!

Personally I would consider yourself lucky and find a job for a reputable employer.

It sounds as though you were scapegoated by someone and employed illegally.

If he's into class a drugs i'd probably leave and not look back because stirring up trouble when drugs are involved, justifiably or not could be dangerous - i wouldn't. Just move on.

Email and ask for a record of why you have been dismissed. Bet he won't put it in writing.

I'm already going to do this, I imagine he's just going to put I'm ' untrustworthy' with 0 proof may I add because this hasn't happened, that's even if he does reply!

She's almost certainly right, especially as others have said with Class A drugs involved

Years ago I worked for just such a creature - basically everything we made was going straight up his nose - but I understand what the PP meant about him doing you a backhanded favour because I ended up working in the same sector but for myself

And the rest, as they say, is history

You can't claim for unfair or constructive dismissal within the first 2 years, but you can claim for wrongful dismissal. Not having a contract, however, does complicate this as you are only wrongfully dismissed in the event that the dismissal does not comply with the contract they'd provided.

This might be useful to you.

To be honest it sounds like you're well shot of him. Not giving you a contract, not fulfilling his obligations of providing you with a SMT and payslips is dodgy enough, but throw in the drug use too and he is definitely not someone I'd want to work for.

I hope you find something else (and better!) soon.

Just make sure you get any holiday pay that you are due and I’m pretty sure he will have to pay you a weeks notice too.

Tell him you haven’t done what he’s accused you of but you will need to explain it to the solicitor when you sue for unfair dismissal. See if that changes his tune! Ask him what reason he’s going to be putting on your dismissal notice and you need your p45.

sounds like the actual drive he is taken is making him ultra paranoid. ur better out of it. be honest about ur new interviews, it's not ur shame u having to hide.

I haven't read full thread so apologies if this has already been discussed but is one possibilty to write/talk to him and say it was absolutely not you who spoke about him but given that he has now put your livelihood in jeopardy you have no choice but to go to the police with the information and/or sue for unfair dismissal. Record any conversations with him about it as evidence if you need it later, and if in person bring someone with you in case it turns nasty.

if he hasn’t paid you your notice and just told you to leave without following procedure then you may have a claim for wrongful dismissal even though you’ve been there under two years. If he’s relying on a form of misconduct, then he should have followed his disciplinary procedures or ACAS’ default procedures. If he hasn’t, then if it goes to tribunal and the ET finds against him, they can award an additional 25% for not following procedures.

Yes you can be sacked for no reason if under 2 years employment, but they’ve got to follow procedure they can’t just kick you out without paying you (and that includes accrued holiday pay).

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

He does have to pay you notice and holidays. I would send him a formal resignation letter and ask for both
As for reason? I would say in interview that I resigned due to difficult work environment. If he suggests he sacks you/refuses to give you a fair reference I would say this is proof!

Yup. I thought as much. The 2 year thing proper screwed people over when they changed that.

Do you have the details of anyone else he has sacked? You can tell him you have been in contact with them if so. You can also point out that he was acting illegally by not issuing contracts to yourself and (presumably) others and that you will be reporting this.

(Obviously if doing this is going to put you in physical danger in any way don't do it. I don't know what sort of person you are dealing with here)