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.

If you got on well with your old manager, then I'd swallow the risk and tell them what has happened and say that you'd welcome the heads up about any opportunities. Given you have no job, and the word will get around anyway (or you think that will be the case) then I would get the word out first with my version of it. You don't have to ask for your old job back - just a friendly heads up if they hear of anything (whether at the old company or not) whilst also asking them if they would still write you a reference because your employer is likely to say a whole load of untrue stuff (and that gives you an "in" to tell them the whole truth about the employer without being seen to be telling tales or being spiteful).

This 👆and @Ariela 's post I quoted above. Both are very good, honest explanations of your current situation. Please don't lie OP - it could back-fire on you - and there's no need.

So sorry for your loss.

I know it is going to be difficult to believe, but they around a shit company to work for. Good luck finding a new job. It's so hard.

@EmmaMaria I think this is a good idea.

Two people from this job are friends with people from my previous job. One friend from previous job is senior and on my old team, so a good person to mention this too. I’ve also noticed a job advertisement at my old job with a manager who liked me well, so - maybe. If I want to return.

@PrueD if you passed probation with flying colours then you may have a but more recourse to say that process has not been followed and to get some kind of settlement. They’re not going to give you your job back (if you even want it now). And I wouldn’t count returning to old company as backwards, if they have more integrity than the current lot.

Completing a probation period does not give you any more rights in law.

Whether an employer has to follow its own procedures depends on whether they are contractual. Referring to these procedures in the employment contract does not necessarily make them contractual. If they are contractual and are not followed, the employee has a claim for wrongful dismissal regardless of the length of service. For this reason, employers are generally advised to ensure that such procedures are not contractual.

As far as OP is concerned, as she has only been in the role 9 months she doesn't have any claim unless she was dismissed for a reason that is automatically unfair, or her dismissal was unlawful discrimination, or her dismissal was in breach of her contract. On the information posted, it does not appear that any of these apply.

Nine months is not "a short while" and OP has already said she works in a niche industry where everyone knows everyone else (she's already stated that a colleague at her current/ex-employer knows someone at her former employer and she's concerned about word getting back to her former employer that she's been dismissed). She absolutely shouldn't lie - it could come back to bite her.

I was fired in front of all my staff after doing the job for 3 days for a BS reason. Complained and was told he was having a bad day and I was just someone he didn’t like. Absolutely gutted.
Cursed him and carried on in my other jobs but that particular job was only 2 days per month but I was clearing £250 with tips each day

"2JFDIYOLO · Today 11:59 Contact your old employer! Your network is always your first port of call."
It’s a thought but why would they take back someone who left them?
in truth my old colleagues are much nicer on the whole and I have missed them. Would feel like a step back though. I think if they said sling your hook it would be too much shame to deal with!

Stop chucking rocks onto your own feet this minute! You'll only stop yourself taking steps.

They might jump at having you back. I've seen it.

Or they may say no.

Fair enough either way.

Every application and approach you make is a step in the right direction. Chuck them out, keep walking, don't look back. One day something will tap you on the shoulder.

Only you can decide if you "want to go backwards" OP, but maybe you should reframe this thought as you wouldn't necessarily be going back to your old job just because you're going back to your old employer. I once recruited an engineer who resigned after six months to go back to her previous employer. It transpired she couldn't get a pay rise from her previous employer so she came to us for more money and after six months with us, returned to them for even more than we were paying her! If they want you OP, they want you, so don't discount returning to your previous employer in a different role if there's a vacancy that you're suited to.

Honestly OP, if your old place will take you back and it will avoid any financial difficulties just go back!
I am on my third stint at my current company, I seem to do about 5 years with them and then think the grass is greener.....buggers up my holiday entitlement somewhat but needs must!

I'm sorry to hear this, you get some shitty employers but people need to stop telling you to look for compensation/ go to papers/ claim unfair dismissal, it would be a complete waste of time and cause you a lot of upset.
I've had a lifetime in HR and employers can drop you for any reason they want less than 2 years unless it is a protected characteristics under the discrimination act.
The employer has said in their letter it is due to performance, no mention of the time off, weather that is true or not you can't prove otherwise.

I once worked for an organisation who needed to cut some costs so chose the people with less than 2 years service (as most would).
The HR manager literally looked at the people and said ergh he's wearing a horrible tie pick him and that was it, he was fired for 'failing probation'.

Most people have no idea of the politics that goes on in companies, that's a big reason I left the profession.

On the plus OP many HR and good managers know these things happen and don't hold it against you, definitely contact your old company. Not in a grovelling way, view it as a business transaction, you've been away, gained more experience, delivered a great project but realise how well aligned you were with their company, it can't hurt, good luck!!

You won’t know until you ask them. If you liked your previous employer, they liked you and there’s a job available, it could work out well for everyone!

No, passing her probationary period does not give her more employment rights. She could have worked there a week short of two years and they could have dismissed her for "business reasons" (for example) and she still wouldn't have any more rights. With fewer than two years' continuous service, she could only claim unfair dismissal if she's been discriminated against (under the protected characteristics specified in the Equality Act 2010) or because she's been dismissed for reasons which are "automatically unfair", or claim wrongful dismissal if they've breached her contract of employment. The first of these two don't appear to apply from what OP has told us and nor does the latter (wrongful dismissal) but it may apply if her employer doesn't correctly pay her final monies i.e. salary, expenses (if applicable), PILON and outstanding holiday pay.

With kindness you need to park it and start looking for another job. They’ve let you go, you’ve been there less than a year so there’s not a lot you can do. Don’t get mad get a better job.

OP, an awful lot of businesses are laying off people atm. People who have been there less than two years are the low-hanging fruit who can be dispensed with easily. It probably isn't personal. There's an economic downturn on the horizon, NI rates have gone up, many people were offered jobs on substantial salaries that can no longer be justified and so last in, easiest out.

In your shoes I'd ask to see the thorough reviews and the conclusions they came to in order to insure that you know where you fell short (even though all concerned know you didn't fall short). Just to embarrass them.

They'll have to give you a reference, they're required to. Most employers these days just confirm that you were employed between this date and that date in such and such a capacity. That's all you need. If you're asked why you were let go in an interview say the economic climate changed and as you were a recent hire...

I definitely need a moment to process this. Just had a funeral Monday, Tuesday was recovering from the day before and today I’ve been fired. I’m in shock and upset.

I’ve told my partner but am dreading telling others. It feels like such a shameful thing. Been in the workforce for 17 years and always an exemplary employee.

Step away from 'shame'. Stop using that word.

When you're feeling better:

Brush yourself off and start talking instead about that brilliant fixed term contract you just completed, where you delivered xyz. Now you're looking for your next exciting challenge.

Well said, it's very frustrating reading 'advice' from people who don't have the knowledge x

That is awful OP but there are some seriously toxic companies out there....don't think this was about you they were wanting to cut costs.

I wouldn't go back to your old place you left for a reason(s)....focus on the future and looking for something new...the market is very tough at the moment as I'm a job seeker and it is not easy right now jobs wise so just be prepared...

@PrueD there is no shame on you here, please look after yourself.

Of course you are upset which is totally understable and I'm very sorry for your loss. But there's no reason for you to feel embarrassed, these things happen.
Don't waste your time on ACAS, unfair dismissal, wording on the letter... you were there for less than 2 years, they don't really need a reason to let you go and the "review of your performance" that they mention on the letter could hve been done by the managers or whoever else without involving you (it would be different if you had longer service).
Focus on your next job. In my company we took back good people who left MANY times, in all different departments, its very common - in the past 5 years I can think of at least 8 people in one of our offices!

Even more reason for OP to use all her resources to find a new job.

Can we please stop with this now? A settlement for what? The employer has done nothing unlawful, and they have no requirement to follow any procedure at all. It not only does no good, it actually does harm to tell people that they have rights they do not have. Probation is an irrelevance in legal terms.

Sadly, with less than two years service you can be sacked for any reason. It doesn’t have to be fair. The only exceptions are for protected characteristics

im so sorry op. What a shit week. And I’m sorry for your loss.