DH JUST BEEN SACKED - letter arrived this morning, MERRY CHRISTMAS....not!...........

[HellyBelly]

Dh started new job in August as sales executive, this is his first sales job. Very tough targets etc but he's been working his butt off to make it work. He was signed off work for 2 weeks recently (he has been stuck in bed with a terrible back so Dr came out and signed him off, and put him on 12 pills a day!)

Anyway, this morning a letter arrived saying he had been dismissed, not due to sickness but due to lack of Sales Performance. He happened to have this week off work to do Christmas shopping plus he had appointments (as first holiday since started) and I think they were p'd off that he didn't cancel this as he'd been off sick.

The contract says that they will give verbal then written warnings for 'Disciplinary Procedure' and 'Unsatisfactory Performance' but he hasn't had these, just today's letter saying that's it and to return the car by.......

Any advice out there?

What about speaking to an employment solicitor?

Check his contract. Was he in a probationary period, as it may well be that they are entitled to do this? If not, then there are specific procedures to be followed when disciplining or dismissing someone.

Agree he needs to discuss it with someone -CAB, solicitor, union even - and check that it complies with terms and conditions. Did he have a probationary period, if so for how long and how much notice did it allow ?

Her was on a 3 month probation period however this is not mentioned anywhere in the 'Statement of Terms and Conditions of Employment'

We will try speaking to an employment solicitor but it's hard as it's Christmas eve. The letter says the manager will be in the office on 28th to talk so hopefully a solicitor will be open then? We need this sorting asap as he's also got a company car he's supposed to return by 6th Jan.

Thanks for the advice.

Sorry, HE was on.....

But presumably his 3 month probationary period had ended, so normal statutory law will apply. If they haven't complied with their statutory obligations, then he can claim unfair dismissal and, if they haven't given him the notice required by his contract, wrongful dismissal too.

Yes, the 3 months is up and they never got round to reviewing it so they neither confirmed him in employment or told him he had an extention. I therefore don't know where we stand?!

Thanks for all your messages

I have a feeling that after the 3 months you automatically have full rights even without signing a contract. I could be wrong though.

He shold hav ebeen entitled to due warnig - even if it was his probationary period.

Write everything down...keep a log of all coverstions a dn phone calls regarding this situation - it will serve you well if this ends up with solicitors etc.

Am really sorry to hear your news....I'm sure he'll get another job a nd he sounds well shot of this company who can so easily flount the law.
Keep looking ahead..

fingers crossed! why they did this to arrive xmas eve i don't know?!?!? letter is dated yesterday and mentions that he will be in the office on 28th to talk about it which means he hoped it would arrive today - how nice eh!

Thanks Finbar

It does sound like he is better off working elsewhere although doesnt excuse unfair dismissal.

Hb,what an absolutely foul thing to do!
Youguys need to put up a fight. So sorry this has happened. What a travesty!

ALSO..the fact that the letter arrived today will nOT look good if you get to making htis formal...Tribunals DO take notice of tha sort of thing.

Sorry, was meant to be a

Thanks again guys, dh has tried soooo hard to make this work for us but he's just not a sales man He's made tons and tons of phonecalls but it's hard to MAKE people buy something they don't want! We WILL fight and if we get nowhere then we know we've tried! This is such bad timing as my income has been halved recently and also the bank have been at us and now want a large amount of money in a few weeks time - not sure we'll have it now this has happened

Anyway, will let you know how we get on ONCE we've managed to talk to someone!!

Thanks again

HB agree this totally sucks, but very good advice off all above.
Looks like your dh's co have dropped themselves in it here, good luck in sorting it all out.

HB agree this totally sucks, but very good advice off all above.
Looks like your dh's co have dropped themselves in it here, good luck in sorting it all out.

Do go and see CAB as soon as you can. Most bureaux will be open on 28th, so speak to someone there before contacting dh's boss.

No advice, but just wanted to say what a crappy way to let someone know.
Doesn't sound like a firm thats good to work for anyway.
Hope everything sorts out for you.

Thanks again, dh will be phoning CAB and whoever else can help on 28th (from my parents up north as we're away - typical!) and will not speak to his boss til this is sorted.

Funny thing is they say if you have a problem with your manager, appeal to the director............the manager IS the director!!

I hope this man with pounds signs in his eyes has a crap Christmas!!!

HB

p.s. can you believe he got Christmas cards from work today in another envelope!!

Also, check the ACAS site for lots of advice on dismissal/unfair dismissal.

Great, will look - thanks!

Oh dear, what sad news. Hellybelly, have sent you direct e-mail with some useful links.

ACAS will be your best bet for advice, they will also get involved with taking case to a tribunal if necessary.

Thanks for your email Nick, very useful and so is everyone's info on here! Can't believe you are all being so kind in offering your help on Christmas Eve.

Thanks soooo much and have a lovely Christmas!!