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Original poster

JUST GOT THE SACK FOR ASKING FOR A REFERENCE!!!!

44 replies

Flowertots · 21/05/2007 15:18

I went into work on Friday as usual and asked if I could put my MD down as a job referee. She started to shake and looked like she wanted to cry!!!
Not blowing my own trumpet but I'm quite senior in my team and quite a few people are dependent on me and the work I do.
Went into work today and she said she was livid that I wanted to leave and told me go right then and there!!!
Have been in touch with Citizens Advice and they said (as did a solicitor) that she is entitled to sack me whenever she wants if I have not worked 1 year.....I'm only 1 month short!!!! What can I do?

OP posts:
ScottishThistle · 21/05/2007 15:20

Oh jesus that's bad luck!

I didn't realise you had to ask for permission re referees?

What does it say in your contract re notice?

Cammelia · 21/05/2007 15:20

Learn from it. Make sure you find out what your probation period is in your next job.

Original poster
Flowertots · 21/05/2007 15:22

I'm a permanent member of staff!!! I wasn't on a probabtionary period!!!

My contract says I have to give 1 month's notice to leave, it doesn't say anything about what notice they have to give unless it's a case of gross misconduct.

OP posts:
Mumpbump · 21/05/2007 15:22

Unlucky. My understanding is that employees don't actually get any employment rights until they have worked in a place for a year, regardless of how long the probation period is.

Tigana · 21/05/2007 15:22

You don't 'have' to ask for permission from referees but it considered polite to ask them first - can get stroppy if presented with reference request unexpectedly.

What did you contractsay about notice periods? If you are 'senior' surely you get a longer notice period?

Mumpbump · 21/05/2007 15:22

Sorry - didn't sound very sympathetic. I think your boss has a crappy attitude...

littlelapin · 21/05/2007 15:24

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Flowertots · 21/05/2007 15:25

I think it was a case of pride getting the better of her, she actually said "I know I'm biting off my nose to spite my face but....."

Her attitude was, well if you want to leave, I'll sack you first. Stupid cow!!!

OP posts:
nogoes · 21/05/2007 15:26

YOu are entitled to statutory notice of one week.

Original poster
Flowertots · 21/05/2007 15:27

does that mean that she HAS to pay me for that 1 week, or can I force her to pay me for the 1 month notice I would have had to give.

Can she really sack me for wanting to leave??!! It seems ridiculous!!!

OP posts:
bristols · 21/05/2007 15:27

That's dreadful! You poor thing. I hope there's something you can do. It's awful that you have no rights until you've been somewhere a year. I never knew that. Good luck.

SaintGeorge · 21/05/2007 15:28

"If you need a reference while you're still employed

If you feel that a prospective employer asking your current employer for a reference would cause a problem, say so at your interview. Your prospective employer may be prepared to wait until you've told your current employer that you're leaving. You have no special protection under the law, but if you're dismissed because your employer is asked to provide a reference, this could amount to unfair dismissal."

"Automatically unfair reasons

Some reasons for dismissal are automatically unfair, including:

  • because you've used, or attempted to use, a statutory employment right (for example, taking parental leave)
  • because you've become pregnant
  • because of your membership/non-membership of a trade union

If you were dismissed for any of these reasons, you do not have to have the normal one year's service or be under your normal retirement age to take the matter to an Employment Tribunal."

Both taken from Here

nogoes · 21/05/2007 15:29

If she doesn't want you to work it she will have to pay you in lieu. Unfortunately you can't force her to pay you one month's notice because she got there first... She sounds like a right cow, what type of company? Name and shame them!

Cammelia · 21/05/2007 15:29

I would have put her down as a referee and ticked the box not to contact her before the job interview. Given that you may not be offered an interview, you have to do what's in your own best interests.

Original poster
Flowertots · 21/05/2007 15:30

seems like I'm well and truly buggered then!!!

Right now, more importantly, how can I get the bitch back!!!!

OP posts:
littlelapin · 21/05/2007 15:30

This reply has been deleted

Message withdrawn at poster's request.

SaintGeorge · 21/05/2007 15:31

If I am reading the advice on the web page I took those quotes from, you have a case for unfair dismissal even though you haven't worked there for a year yet.

Flowertots · 21/05/2007 15:31

This reply has been deleted

Message withdrawn

nogoes · 21/05/2007 15:32

Do make sure she pays you one weeks notice, you are at least entitled to that.

SaintGeorge · 21/05/2007 15:32

We are reading it differently then ll.

Dismissal for asking for a reference comes under the 'automatic reasons' in my view.

littlelapin · 21/05/2007 15:33

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Flowertots · 21/05/2007 15:33

Spoke to a solicitor and he said I don't have grounds for unfair dismissal as I don't qualify (less than 1 yr working). Another solictor told me that she could help after an intial consultation costing £100 + VAT, VULTURES!!!

OP posts:
SaintGeorge · 21/05/2007 15:33

If that is the employer in question Flowertots, it might be an idea to have the post deleted.

nogoes · 21/05/2007 15:33

Unfortunately not SaintGeorge. If Flowertots had a years service she would definitely have a case for unfair dismissal. What a bummer!!

nogoes · 21/05/2007 15:35

Don't go to the one charging a £100 for the consultation. YOu are right they are vultures, they will take your money and then tell you to ask for a weeks pay.