Husband sacked over the phone whilst on furlough - legal case?

[Kelcat9494]

Hello,

We need a bit of advice my husband has been working for a company since September, they didn’t make him aware of any probation period or how long it lasts. It was a permanent contract he signed. There was no prior warning or reason he knows of that would get him sacked now apart from him having a performance meeting on January where he made a couple of mistakes but this was a week after we suffered a miscarriage but by March he was told his
Performance was perfect and to keep up the good work.
My husbands boss tried to call him but it was on an old number my husband changed so he received an email mid June telling him they tried to get in contact with him to ask him to volunteer to take a weeks holiday in June but since they can’t contact him he will be force to take them, my husband emailed back and asked if the boss could call him on the correct number as he needs to discuss the holiday situation, the boss called him back the next day whilst my husband was in the bathroom, my husband called back a minute later and his assistant hesitated for a moment saying he was suddenly busy, my husband then received another email saying the boss wasn’t chasing him around and he WILL take the holidays so my husband emailed back apologising and said he called back a minute later and the reason he needs the holiday days is I’m pregnant will my first baby and he’d like to go to the appointments with me, the boss reluctantly agreed.
Another boss messaged him and asked how he were and told him people were coming back, but didn’t ask my husband to come back so it was a bit of a pointless text, he only texted him once throughout lockdown so he wasn’t really bothered “how he was”.
Throughout lockdown when my husband knew people were going back to work he was messaging the other boss asking when he was going back and he’d receive messages like “you’re on our radar, won’t be long” etc
So yesterday his work friend messaged him saying “oh I’ve asked “Greg” about you coming back to work and he said something about twisting tables, muttered under his breath and walked away” - my husband was confused by this so sent him a quick text and he said “Richard” was trying to call you yesterday, my husband didn’t receive a call and no email so “Richard” was trying to call him on the old number my husband had already changed with him.
My husband called “Richard” to see what was going on and he said I don’t have the information in front of me, I’ll call you tomorrow morning but was unsure how anyone else knew he was trying to call my husband as he hadn’t told anyone.
This morning my husband received a text from his friend at work to say “Rick (son of senior management) has told me you’re getting sacked”.
Low and behold he’s received a call this morning from
Richard to say the business no longer needs him (just him), I’ve told my husband to ask for an email with the content so we have it in writing but my husband feels like he’s being treated this way either because he didn’t take the holidays or because we’re having a baby as the company is very backwards that way and wouldn’t want him taking paternity leave etc - do we have a legal case?

Sorry, your post was a bit confusing.
Did you text your husband's boss on his behalf? That's a bit odd if you did.
However as he's been with the company less than two years, they can end the employment without any explanation or reason.
Sorry. I know it sucks, but unfortunately your husband will be one of many of the next few months to lose their job.

I didn't text anyone, my husband has been texting his boss throughout lockdown.

If he's not been there 2 years then they can sack him without any comeback unless you can prove discrimination or unfair dismissal.
Info here
www.citizensadvice.org.uk/work/leaving-a-job/dismissal/check-if-your-dismissal-is-fair/

Unfortunately the law changed sometime ago and unless you've been employed for 2 years you are unable to take a company to a tribunal unless it involves discrimination based on the protected characteristics in the work place which it doesn't sound like this does.
Therefore employers can dismiss who they want with out any reason, safe in the knowledge their will be no possible aftermath.
It certainly isn't fair but that's the law

Sorry @VettiyaIruken but your comment isn't all true, you are unable to take an explorer to a tribunal for unfair dismissal unless you've been employed for 2 years however you are correct about the discrimination but. If you read the link you provided it does actually tell you this

Is there anything we can do about senior management telling other staff about it before my husband, I know it's all hearsay but we have all the messages of whose told who etc?

I’m not sure I get all the details. Who is Greg and Richard and Rick? Who is the boss? Who is the other boss? Who is the work friend? But anyway, if he’s been there less than two years, they can get rid of him - unless they are discriminating in some way,

@Kelcat9494

Is there anything we can do about senior management telling other staff about it before my husband, I know it's all hearsay but we have all the messages of whose told who etc?

No. It’s not very professional of them, but I can’t see they’ve done anything technically wrong.

So the fact they weren't going to sack him before he told them we were having a baby isn't discrimination? Fair enough if we can't do anything, I thought I'd ask. Sorry about the confusing wording of my post, I'm upset and stressed. thanks for all your help guys

Is your husband part of a union? No idea if they’ll be able to offer any advice but if I had employment questions I think I’d call them. (If he’s not in a union perhaps he ought to consider it for his next job?)

Another boss messaged him and asked how he were and told him people were coming back, but didn’t ask my husband to come back so it was a bit of a pointless text, he only texted him once throughout lockdown so he wasn’t really bothered “how he was”.
Did you husband respond to this text?

You are having the baby, not your husband. He could obviously take paternity leave and share the full amount but I think you’d find it very difficult to prove.

@BlueSlice

Is your husband part of a union? No idea if they’ll be able to offer any advice but if I had employment questions I think I’d call them. (If he’s not in a union perhaps he ought to consider it for his next job?)

Another boss messaged him and asked how he were and told him people were coming back, but didn’t ask my husband to come back so it was a bit of a pointless text, he only texted him once throughout lockdown so he wasn’t really bothered “how he was”.
Did you husband respond to this text?

My husband did reply asking when he'd be going back and the boss never replied

So the fact they weren't going to sack him before he told them we were having a baby isn't discrimination?
No. Because you are the one who is pregnant, not him.

To be honest OP, your husband sounds unprofessional. He didn’t update his details immediately with his new number. He didn’t suggest a time in his email and just let his boss chase him around on the off chance he might answer the phone.

If I put myself in his boss’s shoes, I would probably think of him as a bit of a drag too and want to cut him from my business sooner than later.

@Cluehorn

To be honest OP, your husband sounds unprofessional. He didn’t update his details immediately with his new number. He didn’t suggest a time in his email and just let his boss chase him around on the off chance he might answer the phone.

If I put myself in his boss’s shoes, I would probably think of him as a bit of a drag too and want to cut him from my business sooner than later.

Excuse me? My husband was the one who chased everyone around the business on the last day making sure all the contact details were up to date as well as his own. My husband is on furlough so he didn't think he needed to state a time as he was free all day, the boss happened to call him whilst he was in the bathroom and my husband called him back literally a minute later so how was the boss chasing him around? PLUS when the boss had the up to date number he still called my husband on the old one so please explain how my husband was unprofessional?

Have you checked his contract for the probation clause?

were the other employees who knew part of the HR/management chain that needed to involved in the process?

was your DH put on a performance management plan in Jan. Did it get officially signed off as closed or was that postive feedback just part of the performance management plan.

I'm not sure you'd have a strong case on what you've written as it's possible you've not been privvy to all the process outside what you've seen in email/text. But it would be worth gathering the facts.

If he's been there for less than 2 years they can let him go at any time they choose.

Does he have a copy of his contract? That will state any probation details.

Where did you get the idea that it's because you're having a baby? I seriously doubt that has anything to do with it.
I'm confused as to how your dh kept in contact "throughout lockdown", yet had to email his new phone number to his boss in June, as he'd changed his phone but not told his employers?
Then he emailed to request his boss call him back?! That's just rude.
I imagine the fact that he went completely off radar for three months is a large part of why they felt he was surplus to requirements...

@Dinopawstomp

Have you checked his contract for the probation clause?

were the other employees who knew part of the HR/management chain that needed to involved in the process?

was your DH put on a performance management plan in Jan. Did it get officially signed off as closed or was that postive feedback just part of the performance management plan.

I'm not sure you'd have a strong case on what you've written as it's possible you've not been privvy to all the process outside what you've seen in email/text. But it would be worth gathering the facts.

I've checked the contract and there's nothing about a probation period.

No, the people who knew were all staff members my husband worked with in the warehouse. None of them should know what's happening but the lad whose told people, his dad is management.

No, it was an informal meeting in January. He was just told he's made a few mistakes and to be careful, nothing more than that.

@Thisismytimetoshine

Where did you get the idea that it's because you're having a baby? I seriously doubt that has anything to do with it. I'm confused as to how your dh kept in contact "throughout lockdown", yet had to email his new phone number to his boss in June, as he'd changed his phone but not told his employers? Then he emailed to request his boss call him back?! That's just rude. I imagine the fact that he went completely off radar for three months is a large part of why they felt he was surplus to requirements...

Again, he hasn't been off the radar for three months.

The boss called him on an old number but his immediate boss has been texting him on the right number, my husband had to ask the manager to call him back as he didn't have his number?

It may have been the way I've worded it and I'm
sorry I'm very stressed, basically my husband has been keeping in touch the whole three months, he's been texting his immediate manager. The director called him on a wrong number and emailed him, my husband asked for a call back as he didn't have the directors number - that was all sorted and the director called him on the wrong number again yesterday.

Btw this has been a massive shock to you both I bet. Anger is what you are probably feeling now, but when that passes it will be better to get looking for a new job asap. Get on to recruiters, pound LinkedIn and basically get out there. At the moment your DH can spin being let go under the furloughed banner.

You are very unlikely to receive any sort of compensation and if its a small industry word can spread fast. As unjust as it feels pick your battles, right now the battle is to find work.

Good luck

OP, you sound really upset, and I'm so sorry. However the facts remain. It is you who is pregnant. You are not an employee, so you will go nowhere with that argument unfortunately.
And as he has been there less than two years he can be "let go" without any explanation. End of.

It's common just now, as furlough starting to come to an end, for employers to start considering staff departures

Regardless of the phoning, keeping In touch etc they can just let him go in the first 2 years without giving a reason. Only if he's been discriminated against (and this doesn't sound like it) do you have a case.

He has worked there less than two years. Reading all your posts i wouldnt have thought there would be any cause for taking this further.

Are you working?

Oh, sorry, I misunderstood. Unfortunately the two year thing remains, he can be let go at any point within this period, no explanation necessary.
It'll be happening to a lot of people right now