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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:
PatricksRum · 03/07/2020 13:14

@GimmeAy

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.

This was the story all along. It's your comprehension skills and willingness to paint OP's DH as wrong
PatricksRum · 03/07/2020 13:16

@GimmeAy

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?
No. But personal attacks aren't allowed which you have repeatedly displayed.
GimmeAy · 03/07/2020 13:18

The fact remains, the DH has hopefully learned a lesson. I hope it works out with the pregnancy and that the DH finds a new job asap.

PatricksRum · 03/07/2020 13:19

OP sorry you are going through this.
I hope it doesn't come to the point of termination.
You have time to prepare and remember, there's never a right time to have a baby.

GimmeAy · 03/07/2020 13:19

PatricksRum If you see one, even ONE instance of me personally attacking anyone - please report me.

PatricksRum · 03/07/2020 13:19

@GimmeAy

The fact remains, the DH has hopefully learned a lesson. I hope it works out with the pregnancy and that the DH finds a new job asap.
Which lesson? He updated his details accordingly.

Admit you were wrong and rude and move on.

PatricksRum · 03/07/2020 13:20

@GimmeAy

PatricksRum If you see one, even ONE instance of me personally attacking anyone - please report me.
I've done so ages ago.
GimmeAy · 03/07/2020 13:22

Well, HQ clearly don't agree with you. Why? Because I didn't personally insult, attack or otherwise victimise anyone.

whereorwhere · 03/07/2020 13:27

The number change may or may not be relevant but clearly your husband is seen as a problem and they want rid. Nothing you can do about it as he hasn't been there two years. The most useful thing he could do is try and understand why they no longer want him - otherwise he is in danger or repeating the behaviour. Your side of the story is your side but there's always another. You need to find out what the issue is and move in - there is nothing else you can do.

2020Rainbow · 03/07/2020 13:28

@GimmeAy you are coming across really nasty and mean.
The OP came here for advice. Yes you have given her advice but done it in a very horrible unsupportive way. #bekind

PatricksRum · 03/07/2020 13:30

@GimmeAy

Well, HQ clearly don't agree with you. Why? Because I didn't personally insult, attack or otherwise victimise anyone.
You did. You've accused OP of lying several times. Referred to her as madam. Tried to belittle her.
LaszlosHat · 03/07/2020 13:31

@GimmeAy

Well, HQ clearly don't agree with you. Why? Because I didn't personally insult, attack or otherwise victimise anyone.
Hate to break it to you, but you've been deleted.
Junenamechange · 03/07/2020 13:31

OP, this is a little bit unclear.

So in January he made a few mistakes. In March they said all was okay. Were both of these is official 'Performan Meetings" and does he have anything in writing?
You say he was on furlough? Was everyone else doing his job also furloughed? Is there some sort of regular meeting with them all - perhaps Teams or Zoom or a conference call? A regular email just to keep in touch and within that details of return to work times?

It is true that for under two years an employer does not have to have a reason to dismiss (used to be 12 months but Conservatives changed it to two years. Not being political here, just info). However, they are sensible if they HAVE got a reason.

Wanting him to take leave may have been because if they are getting rid of him they have to pay leave that is due and if he's taken it they don't have to. But if he is furloughed they have been having 80% of his salary from the government and so by forcing him to take leave he didn't want, they ARE gaining. It's a small thing, but it's something.

The pregnancy is not relevant, I feel.

In future, he needs to follow up everything 'agreed' in a phone call by an email and put a read receipt on it.

If I were him I would now email and say that I acknowledge the phone call and ask that confirmation of it be put in writing to me preferably by email.

If they have dismissed him with no notice, they legally you have a case even if less than two years IF they have breached the contract which states how much notice must be given.

If unsure then you can speak with ACAS but get all if the information together before you ring them as that will help.

Original poster
Kelcat9494 · 03/07/2020 13:32

@whereorwhere

The number change may or may not be relevant but clearly your husband is seen as a problem and they want rid. Nothing you can do about it as he hasn't been there two years. The most useful thing he could do is try and understand why they no longer want him - otherwise he is in danger or repeating the behaviour. Your side of the story is your side but there's always another. You need to find out what the issue is and move in - there is nothing else you can do.
All the director said was "due to the business needs" and please come to me if you need a reference and maybe in a couple of months we can offer you a job again so unsure what he did wrong, I understand we don't have a legal case which is fair enough, I wasn't in the right mind set when writing out the paragraph and it was more of a emotional statement from my point of view. We're being proactive now and doing everything we can, thank you.
OP posts:
PatricksRum · 03/07/2020 13:34

@GimmeAy

Well, HQ clearly don't agree with you. Why? Because I didn't personally insult, attack or otherwise victimise anyone.
Don't agree. Funny that.
GimmeAy · 03/07/2020 13:38

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

LaszlosHat · 03/07/2020 13:41

I have no idea who you are, that was my first contribution to the thread.

But okay Confused

GimmeAy · 03/07/2020 13:43

All the director said was "due to the business needs" and please come to me if you need a reference and maybe in a couple of months

Business needs will be a reference to A. needing to lay people off and B. business needs to get people to take their annual leave during lockdown.

Cling on to the mention that they're still happy to give a reference and learn from this. Pregnancy, as joyful as it is, is a nuisance for employers whether they admit it or not. Your DH needs to give his all to his new job when he gets one, or else you decide that you want to prioritise him being at scans or something and you won't get far. It's a hard but necessary lesson to learn.

PatricksRum · 03/07/2020 13:45

This reply has been deleted

Message deleted by MNHQ as it quotes a deleted post.

GimmeAy · 03/07/2020 13:47

If you can try to look at it a different way - 'Dad-to-be is doing the best for his family by working hard' rather than 'Dad-to be can't come with me to my first scan'. We've fought hard for women's rights during pregnancy, but men's rights are a bit behind.

It's a long road with no turning and he sounds employable if he's willing to realise that if he's working, he's going to have to prove himself, which will unfortunately possibly involve you having to go alone to scans etc.

Thisismytimetoshine · 03/07/2020 13:47

Stop detailing the thread with childish nonsense Hmm

GimmeAy · 03/07/2020 13:48

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Original poster
Kelcat9494 · 03/07/2020 13:53

@GimmeAy

If you can try to look at it a different way - 'Dad-to-be is doing the best for his family by working hard' rather than 'Dad-to be can't come with me to my first scan'. We've fought hard for women's rights during pregnancy, but men's rights are a bit behind. It's a long road with no turning and he sounds employable if he's willing to realise that if he's working, he's going to have to prove himself, which will unfortunately possibly involve you having to go alone to scans etc.
As mentioned previously the annual leave was offered on a volunteer basis so my husband explained he'd rather not take the holiday right now as he wanted to attend all of my appointments and be there for me since we had a miscarriage in January but didn't refuse outright to take them, if they said no sorry no can do then he would have taken the weeks AL at the time. It would be lovely if he could attend but if not then it's no big deal as I know many women have been to appointments alone and even given birth alone but at the time we were newly pregnant and didn't know what we know now. I'm thankful for everyone's post and everyone being helpful in this situation, I know I don't have a legal case and putting all my energy into sorting bills out and applying for other jobs. Thank you again everyone.
OP posts:
pickingdaisies · 03/07/2020 14:02

Best of luck OP Flowers

pickingdaisies · 03/07/2020 14:04

Gimmeaye, I was an enduring disappointment to her Grin

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