Just been sacked for the first time ever after a funeral

[PrueD]

On Monday I was at a funeral and yesterday I was off on compassionate leave. When I returned today the director sacked me. Been there 9 months.

Before now, I hadn’t been made aware of any issues in my one to ones, the last one being a week and a half ago. I had told my manager a month ago about my terminally ill relative. It was harder to work at my usual capacity at this time but I was still doing a good job on important projects. The main problem I had was they kept piling on more work on top of existing work.

I said I would’ve liked the chance to address any issues and they said they don’t have capacity to support and that’s it. I’m in shock, having an awful week as it is.

No - I passed probation with ease after 3 months.

I’ve been there for 9 months! See my post above, I think to my can avoid legal implications. It’s shocking though.

I cried on the phone to ACAS. Still can’t believe the funeral was also just this week.

I don’t see what this has got to do with anything?!

It’s shit and unfair but you have no legal recourse. Your time / energy would be best spent job seeking and sorting a reference.

What a crappy week you’ve had. Contact your old company and see what they have. Use your contacts. If this employer regularly fires people before they get employment rights after 2 years then they will be known for it.

also you said another woman was fired and now you have been fired. Is there a pattern there?

you can do a subject access request on yourself and they have to legally give you all the information about you, including emails. They will have written something down.

I know you don’t want to go down the grievance route but maybe getting an agreed reference. I imagine the client that complained will be less happy now nobody is sorting out the work.

get in touch with everyone and update your LinkedIn so people know you are available.

Honestly, this is my area and I don't think I've ever recommended anyone take sort of complaint further. I have even had a very strong case myself in the past and I've just let it go, because I knew how gruelling it would be. The reason is that even when individuals win employment tribunals, the process can be so punishing they don't really feel like winners. On the other side, employers can win or lose and it feels like just another day's work. The employee is fully invested in the process, while for the employer's representatives its just another task. Walking away and moving on is by far the best solution in the long-term. If you take this further, it will keep dragging you back to these strong feelings of unfairness etc, over and again. The system isn't wrong per se - at least it is there and individuals can and do win - but there is no way to equalise the experience of the system across the two sides.

Yes I think it's 2 years. I was sacked last year after working for the same company (through an agency) for 3 years on a zero hours contract. I was told I had to speed up about 20 minutes into starting that particular task - everyone else had been doing that task all the previous day but this was my first time. Nothing else was said, the whole job was completed ontime and sent out. I was actually told well done by both my line manager and the manager directly above them. I got in my car and 5 minutes later had a call from the agency that I was too slow and the company didn't want me to come back. My p45 would be in the post!
I was totally shocked, my brother had died unexpectedly a couple of months earlier and my son had just come out of hospital after having sepsis.
Anyway I complained and was reinstated but I must admit I view my job differently nowadays. No one has apologised to me.

I didn't work the next day but later on that day I had a call from the agency saying they really needed me to work the following day and the Saturday!

I had a conversation with them 1.5 weeks ago stating current workload was fine but more being piled on top wasn’t

who instigated this conversation op?

Sorry this has happened to you. Sounds like the new manager took some sort of a dislike to you and marked your card from day one in her role.
I have had a new manager for a few months now and things have massively changed. My last manager and I got on very well and it was quite 'casual', but this one is running the show thinking we're some big corporate set up (we are a ver small charitable organisation).

Get in touch with employment law specialists. There’s a whole load of processes they should be following etc.
speak to ACAS and they can advise you.
Do you have any eveidence of this in emails etc?

I have just read entire thread

it’s gone from no issues at all to

a director having a go at the Op for supposedly being half hour late

a client complaining about the OP

*One issue was raised shortly after my gran died - that I hadn’t kept my timesheets as up to date as they should be in recent weeks. I

the op says that hasn’t been working full capacity for last month

and then a conversation about how the op felt she had too much work

all within a few months

This sounds like dismissal without reason and in all honesty I would be taking it further! You had your compassionate leave granted so can’t be that, all one to ones have been fine so no discussion about performance…you can’t sack someone without a reason. Please seek legal advice via a union if you have one!

They simply cannot do this without following a proper process and giving you a chance to respond.

I'm glad you've spoken to ACAS. Please follow their advice.

Oh come on, they’ve behaved appallingly, even if legally.

@Trainingfairy "politely ask if they will pay your notice ...". OP doesn't have to ask them to pay her notice - they are legally obliged to and she can make a claim for wrongful dismissal (breach of contract) if they don't. The same applies to paying her for any outstanding holiday and any other monies she's owed e.g. expenses.

In the UK no employee has full employment rights with fewer than two years continuous service - OP had only worked for this employer for 9 months. Consequently, she could only bring a claim for unfair dismissal if she had been discriminated against under one of the protected characteristics (as defined in the Equality Act 2010) or if she was dismissed for a reason that is defined, in law, as "automatically unfair". There is no indication that either of these apply to OP's dismissal. OP may be able to make a claim for wrongful dismissal if her employer doesn't pay her final monies correctly (e.g. PILON, holiday pay, expenses if appropriate, etc.) because this would be a breach of her contract, but any award would be limited to what she's owed.
In short, OP cannot bring an unfair dismissal claim due to the two-year rule.

Notwithstanding you've signed an NDA so can't give more detail about your case, with less than two years service you could only have brought a case for unfair dismissal against your employer if you'd been discriminated against relating to one of the protected characteristics, or if you were sacked for a reason that is defined, in law, as being "automatically unfair". Neither of these grounds apply to OP's situation. You might have brought a case for wrongful dismissal if your former employer breached your contract, but again, there is no breach of OP's contract so far (although there still could be if her former employer doesn't pay her final monies correctly).

@AngelicKaty I know this, thank you; of course the OP is entitled to their notice and holiday pay. In the context of having a reference provided, it's far better to be a good leaver (even when feeling aggrieved, especially if it wasn't dealt with very professionally) than to join in with the bad behaviour. It then potentially becomes self justifying for the employer (ie we made the right decision then didn't we) and may result in a negative reference or none at all.

Bad behaviour doesn't have to be retaliated, better to be professional, not join in and move on. It can be a small world with workplaces so be the better person and careful about the impression you leave behind you and look forward to working for a better employer.

First of all, condolences on the loss of your gran, it's a painful bereavement at the best of times.

Your former employers haven't behaved well, although, unluckily, all above board and legal. You said you've had a couple of people contact you with pointers to a new job, so follow those up.

I wouldn't give this sacking any more headspace. In time to come, you will see it as a bullet dodged, although it's too early for that right now.

Wishing lots of luck.

I was only commenting on one sentence of your post "politely ask if they will pay your notice ..." because you say "if". There's no "if" about it.

It’s horrible and unfair.
Pick your self up, when you are feeling better, reframe it, you just worked there on a temporary basis to compete a project for them.

On a similar vein, a colleague was talking about efficiencies that needed to be made, globally.

It’s no good looking at Europe, France and Spain, they have complicated rules, the cuts will need to be made in UK and USA .

You can’t claim for unfair dismissal if you are employed under 2 years, only discrimination, harassment or bullying,

@AngelicKaty I know !

So why did you write "if"? (She doesn't have to ask "if" they will pay her PILON, politely or otherwise!)

Deeply grateful to you @AngelicKaty 😀😇

Moving on....... 🙄

Check on ACAS website. You can also contact citizens advice. Have they given you a paid notice period according to your contract?