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Original poster

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

137 replies

Kelcat9494 · 03/07/2020 09:22

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?

OP posts:
TARSCOUT · 03/07/2020 11:47

@GimmyAy
Give it a rest will you. You were nasty and you know it, hence the multiple, reigned-in posts thereafter. Just own it.

Original poster
Kelcat9494 · 03/07/2020 11:51

@Azerothi

I think your husband has been very unreasonably refusing to take holidays just in case your antenatal appointments came up. Some women have had to give birth without their husbands/boyfriends there nevermind simple appointments.

A bit of give and take should have been uppermost in your husband's mind. The boss probably thought if he's this difficult now given the global pandemic he'll be just as bad or worse when it is over or easing off.

He didn't refuse, he asked the question as it was firstly given on a volunteer basis. We were newly pregnant and didn't know what we do now, It's one of those things. I understand we can't do anything about it, I was just asking.
OP posts:
Thisismytimetoshine · 03/07/2020 11:53

God, you don't deserve this savaging, op Flowers

OllyBJolly · 03/07/2020 11:54

In particular I had thought that dismissals had to be done in person but as others have said with less than a year’s service there are few protections

You thought wrong. Almost nothing is happening in person at the moment. Even if it was, it's perfectly legitimate, if rude, to dismiss people by phone, email or other communication method. I was made redundant by text once - cruel but legal.

And it's two years before an employee can claim unfair dismissal

Isthisfinallyit · 03/07/2020 11:55

It sounds to me that he already was the weakest link though, if he started in september and had a bad review in january. He might have done well in march but if they need to let people go then he would have been top of the list for that alone.

Original poster
Kelcat9494 · 03/07/2020 11:58

@Isthisfinallyit

It sounds to me that he already was the weakest link though, if he started in september and had a bad review in january. He might have done well in march but if they need to let people go then he would have been top of the list for that alone.
I know what you mean, apparently he wasn't on his own and a few people had informal meetings on performance but it is a company who has a high turn over so maybe it was right for DH as he wasn't right for them either. It's one of those things and I'm sure something will work out one way or another
OP posts:
GimmeAy · 03/07/2020 12:34

Show me where I was nasty? The only nastiness I can see on here is people picking on me for being realistic.

GimmeAy · 03/07/2020 12:35

As for me coming in at the end - excuse me, but I'm entitled to my opinion too. The OP wasn't getting it.

TheMShip · 03/07/2020 12:46

@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.
That's pretty nasty in my books. Belittling the OP because you don't appear to believe that her husband updated his contact details.
Viviennemary · 03/07/2020 12:55

I think he should have got in touch with his workplace long before he did. And updated his details. It certainly isn't very professional of the company to discuss his position with other colleagues. I don't think he has much of a case against being let go.

GimmeAy · 03/07/2020 12:56

Whatever. That's not nasty. That's explaining that he didn't update his details when he changed phone numbers and that what they have on the system is obviously his old phone number. Water under the bridge for him now, but you learn from your mistakes. And she was being snippy with me to a rather innocuous previous reply of mine.
I get that she's pregnant and hormonal and her husband has lost his job, but this is the legal forum, not, the lovey dovey 'hun' type pregnancy forums. Plus, that was a drip-feed.

pickingdaisies · 03/07/2020 12:56

Sounds like they were looking for reasons to let someone go, OP. But, lesson learnt for your DH for next time, not that he actually did anything wrong. I also agree that termination should be your last option, a new job for your DH, full time for you, your study on hold, are all things you should consider first. And that's the only useful thing that gimmeaye added to this thread. Like my mother used to say, if you can't say anything nice, don't say anything at all.

GimmeAy · 03/07/2020 12:58

That he had in fact filled in his current phone number on the last day before furlough was also a drip feed.

GimmeAy · 03/07/2020 12:59

And that's the only useful thing that gimmeaye added to this thread. Like my mother used to say, if you can't say anything nice, don't say anything at all.

Clearly your mother's words had zero effect on you.

PatricksRum · 03/07/2020 13:03

@GimmeAy

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.
You have a huge chip on your shoulder.

OP clearly states her DH updated his number on the system in October
He then confirmed this later on.

GimmeAy · 03/07/2020 13:05

OP clearly states her DH updated his number on the system in October.

On the contrary, the OP clearly states that he changed his number in October and only updated the company with the new number on the last day before furlough.

GimmeAy · 03/07/2020 13:08

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

On the last day............

PatricksRum · 03/07/2020 13:09

@GimmeAy

OP clearly states her DH updated his number on the system in October.

On the contrary, the OP clearly states that he changed his number in October and only updated the company with the new number on the last day before furlough.

Right so,
  1. he started in September,
2.changed his number in October, 3.told them he's changed his number,
  1. made sure he put the right number on the contact sheet on the last day -

He told them he chanted his number
THEN he made sure he put the right number on the contact sheet on the last day.

You falsely claimed he changed his number on the last day of furlough.

Original poster
Kelcat9494 · 03/07/2020 13:10

@GimmeAy

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

On the last day............

Sorry the "told him he changed his number and made sure it was updated on the last day" I mean he told them he changed it in October when he changed it, it was my wording. I apologise.
OP posts:
GimmeAy · 03/07/2020 13:11

Well he clearly didn't change his number in October or they wouldn't be still working off his old number, would they?

myrtleWilson · 03/07/2020 13:12

Its not that you're not entitled to an opinion GimmeAy, rather your assertion

Well the empathetic wishy washes were not getting through to the OP She continued to argue.

When the OP had already said she knew there was nothing she could do prior to your arrival.

GimmeAy · 03/07/2020 13:12

I thought you said he made sure he put the right number on the contact sheet on the last day.

Changing your story a little now.

PatricksRum · 03/07/2020 13:13

@GimmeAy

Well he clearly didn't change his number in October or they wouldn't be still working off his old number, would they?
Easily done.

Husband informs of number change.

Admin forgets to update.

Or

Husband informs of number change.

Admin adds new number but keeps old number there too.

Simple.

Original poster
Kelcat9494 · 03/07/2020 13:14

@GimmeAy

Well he clearly didn't change his number in October or they wouldn't be still working off his old number, would they?
I'm sorry you don't believe me, he changed his number in October as the manager and HR had the correct number & contacted him before the director tried to- I don't know why the director didn't have the right number but I don't feel like we need to carry this on, thank you everyone for your comments, I appreciate the help with this.
OP posts:
GimmeAy · 03/07/2020 13:14

Well myrtle - I'm not going to apologise for my 'arrival'. Is there a limit to the amount of people who can reply to a thread that I wasn't aware of?

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