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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to be very pissed off on my dads behalf?

25 replies

Coldhands · 22/01/2010 19:52

I just found out today that my dad has got the sack from his job. He has worked there for 8 years. It was owned by his mates parents (mate works there too) but the parents sold it recently. Dad was still working there, good I thought. A few weeks ago, he hurt his back at work. His doctor signed him off for 2 weeks. It must have been hurting as he never ever goes to the doctors unless he really has to.

He went back to work and they sacked him for having the 2 weeks off. He never takes time off sick and his job was something that he couldn't do with a bad back, hence him going to the docs to be signed off.

I am very as he is a very good worker and knows the job very well etc. Apprently they did this to someone else in another branch recently as they had 4 days off sick.

In this economic climate, I don't know how he will get another job and I am sooooooo pissed off on his behalf (I know it actually has nothing to do with me).

OP posts:
kinnies · 22/01/2010 20:02

Surley its not legal to dsack someone for being off sick?
Your poor Dad

kinnies · 22/01/2010 20:03

sack

ArizonaBarker · 22/01/2010 20:03

Surely he can't be fired for being ill/hurt?

herbietea · 22/01/2010 20:04

This reply has been deleted

Message withdrawn

Original poster
Coldhands · 22/01/2010 20:05

Thats the first thing I said.

When I was working full time for an office, there was a woman who had a lot of time off sick for a genuine reason. They sacked her, she took them to a tribunal and won, they really didn't have a leg to stand on. Then i got a long term illness and was off for 9 months. In the end I left as I knew I wouldn't be going back but they still wanted to keep me on 'just in case'. I guess they learnt from their experience. I just hope my dad takes it further. He has a habit of leaving things!

OP posts:
cornsilk · 22/01/2010 20:05

Is he in a union?

Original poster
Coldhands · 22/01/2010 20:06

No. Not really sure where he would go from here tbh.

OP posts:
cornsilk · 22/01/2010 20:09

Try citizens advice. Did he have a sick note?

kinnies · 22/01/2010 20:09

You could get in touch with the Citizens advise people and see what they say?

freshcleanwashing · 22/01/2010 20:13

Im sure you cant just sack someone for being of for two weeks they would need to build a case so he would have to have alot of time of generally but a one of does not sound right to me, Did he have a sick note?. if I was you I would direct him to citizens advice they will advice you for free, explain what happened to them good luck sorry I cant help any further

gingerkirsty · 22/01/2010 20:13

Citizens Advice, definitely - not on at all - good luck to your Dad getting it resolved.

Original poster
Coldhands · 22/01/2010 20:17

Thanks everyone. Yes he did have a sick note. Thats why I know he was in pain cause he actually went to the doctors. He usually denies it whilst limping around.

I thought CAB too. I'm gonna ring him in a minute.

OP posts:
cornsilk · 22/01/2010 20:26

Good luck.

softhoney · 22/01/2010 23:28

Either way noone can be 'sacked' on the spot anymore
(unless you have been working for the company for less than a year). What they have done is unlawful. Is his dismissal in writing? Have they followed the correct procedure (doubt it!), on the facts you have given, he has a very strong case for unfair dismissal. Keep a note of everything that has been said, evidence etc. The CAB should be able to advise, but check out the 'directgov' website as they will have lots of info too.

This kind of thing makes me mad, hardworking people who are treated badly ggrrrhhhh. Hope your dad is ok.

groundhogs · 23/01/2010 10:06

He injured his back at work and they fired him while he was on sick leave, which is covered by a note?

Jeez, get yourself a bulldog unfair dismissal laywer and sue them to kingdom come!

DuelingFanjo · 23/01/2010 10:11

Absolutely unfair dismissal.

Original poster
Coldhands · 23/01/2010 10:43

I have spoken to my dad and he is going to seek advice.

But I'm not sure if he will have a case tbh. He has worked for the new owners for 2 years, after they originally made him redundant when they took over. A couple of months ago, they gave him a contract to sign (which he did) stating that he was on a 6 month trial period (after working there with them for 2 years, and about 6 years for the previous owner ).

Their excuse is that he was on a trial period and they are allowed to 'let him go'. Their words. And yes, he just went into work on Wednesday, they said they were letting him go with a weeks notice that he didn't have to work and they would still pay him for that week. Also, the back injury was done at work. They told him to do a job, he said he didn't want to because it needed a machine to do it (which they didn't have) they told him to do it anyway and he hurt his back. The accident book was mysteriously misplaced so he couldn't log the accident.

He reckons they wanted to get rid of him as when they have meetings and stuff, he will say if he is unhappy with something and they don't like it.

I really hope he can do something about it as they have been total asses but with this contract thing, I'm not so sure. Does anyone know?

OP posts:
nickelbabe · 23/01/2010 10:49

the law is on the side of the employee in those kind of cases. even if he didn't have a contract for the previous 18 months he worked there before he signed the trial contract (which is unlawful in itself) he is deemed to have a contract as he has been doing the job and they have been paying him for it. that's classed as a mutual agreement about the employment.

he definitely needs to take all the info he has to the CAB and work out a case.

nickelbabe · 23/01/2010 10:51

and everything in your last post screams "lawbreaking" - no accident book, making him do a job that he couldn't do etc. they've fitted him up.

Original poster
Coldhands · 23/01/2010 10:56

Thats exactly what he thinks. He is right as well, I'm sure of it. He said the Job Centre have someone who he can speak to about legal stuff, free of charge so he going to go and see them. He is also going to the CAB and said he won't let this lie, which I was afraid he might.

OP posts:
BetsyBoop · 23/01/2010 10:57

Suggest your Dad rings the ACAS helpline as a first step

They ask him to carry out a task that he questioned whether it was safe to do so. They tell him get on with it. He injures his back. The accident book "disappears". They sack him for being off sick due to an injury THEY were responsible for causing (with an otherwise excellent sick record to boot). They deserve said book thrown at them...

I would also be contacting the HSE for their advice too.

I'm no expert but I think he might have a good case for unfair dismissal and also be due compensation for the injury.

You might want to post this in "employment matters" too, as the HR gurus such as Flowery and Ribena are normally around in there

Original poster
Coldhands · 23/01/2010 11:06

Thank you very much for your help. I have noted down those sites and will get my dad to have a look. I will also post this where you said too.

OP posts:
Mishy1234 · 23/01/2010 11:17

YANBU at all. I would be angry too if the same happened to my Dad.

Nothing more to add to the excellent advice already given, but just wanted to add my support to your OP.

junglist1 · 23/01/2010 14:24

Well this company have really shot themselves in the foot haven't they? Good luck to your Dad in getting justice but TBH it's them that'll need luck

lobsters · 23/01/2010 16:01

YANBU at all

The other thing I would suggest is get your dad to check whether he has legal expenses cover on his house insurance as they can often be really good at this kind of thing.

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