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?

Thank you for all your help, I appreciate the help with this and I'm sorry if it feels like I've bitten anyone's head off. I do work yes, I work part time and I'm a full time student and without my husband working now, I need to consider whether I can afford to continue the pregnancy which is another reason why I'm probably sounding like a cow so I am sorry, you've all been brilliant with your advice. I'm not going to respond to anymore messages as it's clear there's nothing we can do. Thanks again xx

The son knowing and blabbing is a red herring tbh. He may have overheard it at home or whilst relative was talking on the phone. Realistically they could just slap him and his dad with a formal warning. It won't actually mean much for your DH.

Focus your energy in the right direction, that is the way out of this.

Good luck to you OP

He's gone. He should have updated his phone number with HR, so they had the correct number for him on the system. Him being inflexible about holidays plus them finding it hard to contact him probably pissed them off. Sorry OP.

@GimmeAy

He's gone. He should have updated his phone number with HR, so they had the correct number for him on the system. Him being inflexible about holidays plus them finding it hard to contact him probably pissed them off. Sorry OP.

I mean you haven't read the previous replies, he did update the phone number, he wasn't refusing to take the holidays but was asking if he could use them for appointments but thanks for the helpful reply

What’s your course and how far into it are you?
Can you up your hours in the short-term? Is there any scope for that atm? Some industries there is, but i appreciate in lots there just isnt the hours.

Whats your dh industry? Could he look further afield in the short term? My friends dh got a very, very well paid job at the other end of the country and stays in a b&b type place. Short term pain for long term gain. My dh lost a few jobs when i was pregnant and on mat leave. It was very stressful, but for us my wage covered all our essentials.

I have read the previous replies - the Director obviously didn't have time to be updating his number on the system, so used the number on the system twice - your DH's fault - nobody else's.

Lots of people have had to take holiday during furlough.

@GimmeAy

I have read the previous replies - the Director obviously didn't have time to be updating his number on the system, so used the number on the system twice - your DH's fault - nobody else's.

How is that my husbands fault when he updated his contact number on the sheet they gave him?

It's an employee's responsibility to ensure that the company have the correct contact details for them. He would have been told that during induction. I'm sure if he changed banks he'd have updated him fairly lively with his new bank a/c number. You simply can't change numbers and then complain when you can't be reached.

@GimmeAy

It's an employee's responsibility to ensure that the company have the correct contact details for them. He would have been told that during induction. I'm sure if he changed banks he'd have updated him fairly lively with his new bank a/c number. You simply can't change numbers and then complain when you can't be reached.

Right so, he started in September, changed his number in October, told them he's changed his number, made sure he put the right number on the contact sheet on the last day - the other manager was texting him on the right number but the director had the old number - my husband cannot physically edit his own number on the system when he's given them the information, he also gave the director the new number in the email, not saying it's the directors job to update it on the system but someone failed too because my husband gave them the new details over and over again, bit weird how the manager had it but not the director ?

If it's in his contract something like 'due to business requirements, the employer may request holidays to be taken at certain times' or something like that, then he hasn't a leg to stand on.

Unfortunately as has been said, under 2 years and theres little protection. To be honest your OP was a bit confusing, but you say that the secretary or whoever it was awkwardly said oh they're busy before he said about the appointments (if he was using leave anyway not sure the relevance of telling them), so I doubt it's that. More likely just a culmination of things, he does sound a bit uneccessarily awkward about the leave, updating his details etc.

He should have updated his number with HR in October. Not on the last day of furlough when presumably nobody was left working to update the system.

he wasn't refusing to take the holidays but was asking if he could use them for appointments but thanks for the helpful reply

I don’t understand this. Was your husband asking to take days off so that he could attend your appointments? Ie paid leave?

Also I thought partners weren’t allowed to attend appointments right now.

My direct manager would probably have my most up to date details as they'd be in contact daily. Whereas the director was obviously working off whatever number was on the system.

Really sorry this happened to you. It sounds crappy.

I think, very sadly, lots of people will see this throughout summer. And it is really horrible when it happens.

Do you think your husband can find another job? That would be the most important thing to focus on.

@Cluehorn - I'm presuming that the DH didn't want to take the holidays at the requested time as he wanted to save his holidays for whenever the OP had her gynae appointments etc.

@GimmeAy

If he gave his correct number, where did they get the old number from then? Don't get snippy with me madam. He's easy to get rid of. Less than 2 years there. Can't be easily contacted, not wanting to take holidays when requested to etc.

I've explained numerous of times that my husband updated his number, on the last day they sent him round making sure they had everyone's up to date contact details and he made sure his number was on there, the manager had been texting him on the correct number before the director tried to call him, if someone hadn't updated it on the main system I fail to see how that's my husbands fault when he provided all the correct details. I've accepted there's nothing I can do, I asked the question in case there was but at the moment hun, my whole world has come crashing down, I need to see if I can pick extra hours up from work, look into receiving benefits and possibly terminating my pregnancy as I don't want to bring a child into a bad situation. I don't need comments from someone thinking they know it all, if you're not gonna be helpful then why comment?

Ah I see. Thanks GimmeAy

So his boss was asking him to take his holidays during furlough? But would be paid those days via furlough? It’s all very confusing.

Don't 'hun' me. I'm being helpful. I'm telling you that your DH hasn't a leg to stand on. It's useful for him to know for future jobs - if he values his job - he should be meticulous about trying to be flexible about holidays and such especially as he's barely in the door. I'm also being helpful in telling you to stop wasting your time thinking that there's a legal case - there's not. Tell him to start job-hunting.

I'm presuming that the company would prefer their employees to be taking their holidays during furlough rather than coming back from furlough only to then decide to take a week or two off on holidays.

It depends whether there is a clause about holidays really, but I suspect there is (there usually is) and he really should have been more flexible if he valued and really needed this job.

The mix up with his contact details probably just pissed them off and tipped the scales. It is what it is. Employers don't generally give a fuck in my experience. Harsh but true and I've learned that the hard way too.

In any case - they can fire him anyway - for no reason at all. It sucks. But that's the shitty law.