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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:
Batalax · 04/08/2023 16:38

I’d tell him acas is involved, then agree to drop it if he agrees to give you an ok reference.

Dahliasrule · 04/08/2023 16:39

Glad you have a plan. As others have said, do check your NI contributions have been paid. This will affect your old age pension. My son worked for someone and discovered the employer had not being paying the contributions. Fortunately, he spotted it and employer was made to make up the shortfall.

Smilencuddlesthenstab · 04/08/2023 16:39

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.

Definitely this..

Snipples · 04/08/2023 16:45

Employment lawyer here. This is very frustrating. You won't get very far with the payslips or written contract argument as they're seen as minor employment infractions and generally need to be tacked on to an unfair dismissal claim to get anywhere, which you can't bring.

Had you made a report of the drug use you could have used whistleblower protections which don't require 2 years service but that's not going to help you now. Sorry OP, what a dick your boss is!

ToWonderWhyIBother · 04/08/2023 16:47

I would advise calling him up and stay completely calm whilst talking to him (write down everything to you need to say).

Remind him that he will have to pay you your notice period (if you are paid weekly its a week, monthly its a month), your accured holiday pay (work that out first), and any outstanding wages you are due.

Tell him that you have been in contact with ACAS and have taken their advice on board, and will be following up with them if your monies are not paid. You also request a copy of your contract, your latest payslip and of course your P45.

You also request that seeing as how you have not mentioned any of his personal business to anyone in the business or outside of the business, you will be requiring a written reference to be included in with your Payroll paperwork.

You can come and collect it or he can put it in the post but you will be informing ACAS should it not turn up.

Original poster
WhosTHATgirllala · 04/08/2023 17:01

Snipples · 04/08/2023 16:45

Employment lawyer here. This is very frustrating. You won't get very far with the payslips or written contract argument as they're seen as minor employment infractions and generally need to be tacked on to an unfair dismissal claim to get anywhere, which you can't bring.

Had you made a report of the drug use you could have used whistleblower protections which don't require 2 years service but that's not going to help you now. Sorry OP, what a dick your boss is!

I thought as much, thank you so much!

OP posts:
Sureaseggs44 · 04/08/2023 17:20

HarrietJet · 04/08/2023 14:56

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

Show quote history

But he should be bought to task for not issuing the contract or missing payslips to protect future employees .

but I agree he probably is just getting rid of people before 2 year mark so unless you can prove discrimination not a lot can be done .

OnGoldenPond · 04/08/2023 17:22

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

No they won't

ThreeRingCircus · 04/08/2023 17:25

ToWonderWhyIBother · 04/08/2023 16:47

I would advise calling him up and stay completely calm whilst talking to him (write down everything to you need to say).

Remind him that he will have to pay you your notice period (if you are paid weekly its a week, monthly its a month), your accured holiday pay (work that out first), and any outstanding wages you are due.

Tell him that you have been in contact with ACAS and have taken their advice on board, and will be following up with them if your monies are not paid. You also request a copy of your contract, your latest payslip and of course your P45.

You also request that seeing as how you have not mentioned any of his personal business to anyone in the business or outside of the business, you will be requiring a written reference to be included in with your Payroll paperwork.

You can come and collect it or he can put it in the post but you will be informing ACAS should it not turn up.

This is exactly what I would do, although I'd email him as well as call him so it's all in writing.

DriftingDora · 04/08/2023 17:47

LilyPark · Today 16:10
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.....

Probably not a good idea to forewarn him of this, I'd say.

Treesinmygarden · 04/08/2023 17:49

Does the other woman have less service? How many people does this wanker employ?

I'd send in a resignation letter and keep a photocopy. You weren't there that long so could you just use your previous employer for a reference, and say that you don't want to seek a reference from wanker as you left because of dubious practices?

Has he given you a letter of dismissal? Would be comical/farcical for him to come up with a way of saying you were gossiping about his drug addiction!!

TBH I would have jobhunted immediately after the drugs scenario. He's lucky that you're not blackmailing him!!

jods19 · 04/08/2023 17:58

You can't get sacked for no apparent reason, there has to be a genuine reason to as why he's ended the contract so I'd ask for it in writing of why and what Clause of the contract has been broken

Original poster
WhosTHATgirllala · 04/08/2023 18:24

jods19 · 04/08/2023 17:58

You can't get sacked for no apparent reason, there has to be a genuine reason to as why he's ended the contract so I'd ask for it in writing of why and what Clause of the contract has been broken

Unfortunately within 2 years of a contract you can now

OP posts:
jods19 · 04/08/2023 18:26

WhosTHATgirllala · 04/08/2023 18:24

Unfortunately within 2 years of a contract you can now

Show quote history

That completely sucks 😞 but when it comes to referencing for your new job they HAVE to give you one but if my boss was like that I don't think I'd want them to approach him 🤣

Original poster
WhosTHATgirllala · 04/08/2023 18:27

Treesinmygarden · 04/08/2023 17:49

Does the other woman have less service? How many people does this wanker employ?

I'd send in a resignation letter and keep a photocopy. You weren't there that long so could you just use your previous employer for a reference, and say that you don't want to seek a reference from wanker as you left because of dubious practices?

Has he given you a letter of dismissal? Would be comical/farcical for him to come up with a way of saying you were gossiping about his drug addiction!!

TBH I would have jobhunted immediately after the drugs scenario. He's lucky that you're not blackmailing him!!

There's a few employee, this man has a massive staff turn over though and now I know why.

I haven't received anything in writing, he's so spineless he sacked me over the phone.

OP posts:
Rosscameasdoody · 04/08/2023 18:40

jods19 · 04/08/2023 17:58

You can't get sacked for no apparent reason, there has to be a genuine reason to as why he's ended the contract so I'd ask for it in writing of why and what Clause of the contract has been broken

If you have less than two years service the employer doesn’t have to give a reason to let you go.

Rosscameasdoody · 04/08/2023 18:49

Zanatdy · 04/08/2023 15:20

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

He won’t ‘shit himself’ as he knows he can sack employees without giving a reason if they’ve worked less than two years. He hasn’t broken any laws even if he is morally wrong.

Rosscameasdoody · 04/08/2023 18:54

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

No they won’t. If he has been deducting tax and NI from her pay, as seems to be the case, and has not paid them, he is liable, not the OP.

JudgeRudy · 04/08/2023 19:11

If you really wanted to keep your job I'd call his bluff. If you're ballsy enough just ask him why, he would risk putting himself in such a vulnerable position? I nean he knows that when you found his drugs you told everyone...surely if you now going to be unemployed you'll have even more to gossip about....and plenty of time to do it!
Make sure you get something in writing, even if it's text. I'd fight this one but I hate an injustice. I couldn't let this one drop.

HarrietJet · 04/08/2023 19:18

JudgeRudy · 04/08/2023 19:11

If you really wanted to keep your job I'd call his bluff. If you're ballsy enough just ask him why, he would risk putting himself in such a vulnerable position? I nean he knows that when you found his drugs you told everyone...surely if you now going to be unemployed you'll have even more to gossip about....and plenty of time to do it!
Make sure you get something in writing, even if it's text. I'd fight this one but I hate an injustice. I couldn't let this one drop.

He's not in a remotely vulnerable position. Op is not going to blackmail her way back into her job; she didn't report finding his stash at the time, why would gossiping about it after she'd been let go cause him any bother?
God knows why she'd want the job back, anyway .

Original poster
WhosTHATgirllala · 04/08/2023 19:19

JudgeRudy · 04/08/2023 19:11

If you really wanted to keep your job I'd call his bluff. If you're ballsy enough just ask him why, he would risk putting himself in such a vulnerable position? I nean he knows that when you found his drugs you told everyone...surely if you now going to be unemployed you'll have even more to gossip about....and plenty of time to do it!
Make sure you get something in writing, even if it's text. I'd fight this one but I hate an injustice. I couldn't let this one drop.

I really don't want the job, I wouldn't work for him again. It's more moral for me, it's not in my nature to be vindictive. I never mentioned it when they were found, never mentioned a peep of it since, it's none of my business. He obviously knows this. I just think it was the cop out excuse to get rid of me and as it stands I don't have a fight to fight. I'm going to request my dismissal in writing, but if he refuses again I don't have a leg to stand on. 😬

OP posts:
JudgeRudy · 04/08/2023 19:34

I wouldn't expect you to work for him now. That would be untenable. Your Q was can I take him to a tribunal, presumably for unfair dismissal. Well yes you could. Whether you'd win is another matter. Don't let the fact that you haven't signed a contract put you off. You can demonstrate you have a contract. How ironic that the guy is sacking you for bad mouthing him when there's no evidence, but then calling you a gossip and a liar to your face! Warning him of what's going to happen isn't vindictive, it's perfectly fair. He's behaved appallingly and I would definitely be making sure the true story came out. He relinquished any hope of a dignified silence when he unjustly assainated your character.

Original poster
WhosTHATgirllala · 04/08/2023 19:44

JudgeRudy · 04/08/2023 19:34

I wouldn't expect you to work for him now. That would be untenable. Your Q was can I take him to a tribunal, presumably for unfair dismissal. Well yes you could. Whether you'd win is another matter. Don't let the fact that you haven't signed a contract put you off. You can demonstrate you have a contract. How ironic that the guy is sacking you for bad mouthing him when there's no evidence, but then calling you a gossip and a liar to your face! Warning him of what's going to happen isn't vindictive, it's perfectly fair. He's behaved appallingly and I would definitely be making sure the true story came out. He relinquished any hope of a dignified silence when he unjustly assainated your character.

He didn't even do it to my face, the spineless so called 'man' phoned me and done it over call.

I just want a peaceful life, going to war with him knowing I'm not going to gain anything from it other than high bloody pressure just isn't worth it.

I have called ACAS, they just suggested I write to have my dismissal in paper and request my contract and payslips. I know he isn't going to be able to put my dismissal pen to paper though!

As people have said, me doing this is also going to gain me nothing.

I just didn't want to take this lying down, because it's untrue in what he's fired me over, but as the day has gone on and Iv calmed down just don't see the energy in fighting a loosing battle. 🙃

Appreciate all your advice 🥰

OP posts:
orangegato · 04/08/2023 19:46

Yeah the police will send blues and twos for one baggy 😂

Report the bastard, take him down.

Smilencuddlesthenstab · 04/08/2023 20:02

Oh for goodness sake. People are too quick to criticise. I said ‘IF it turns out you HAVENT paid…..’