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

[Flowertots]

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?

Hang on, there was another bit I saw.

hmm. initial consultation s/be free with a solicitor.

give anthony perlmutter a call on 020 7224 6633. he was very helpful to me with a couple of employment related matters last year.

good luck and hth.

Write to your boss and ask her for a weeks pay in lieu of notice, if she refuses you can put a tribunal claim in.

What does your employment contract say?

why doesn't your contract give the notice they have to give you? Legally they are compelled to include a notice period from BOTH parties.

True that the legal minimum is one week but there is an argument (quite compelling in my view) that if they have asked you for 1 month that you were working on the assumption that they have to give you one month and as they are in breach of their legal obligations of spelling this out, you would probably have a claim in a tribunal. Say that you would NEVER have agreed to a contract where they can give you one weeks notice but you have to give them one month.

Found it, sorry for delay. If you read this bit, in conjunction with the other bits, I think there mioght be a case:

Automatically unfair reasons for dismissal

Employers must follow certain dismissal procedures before they can lawfully dismiss an employee who has 12 months or more service. If they don't, the dismissal is automatically unfair.

Even if you don't have 12 months service, it will be automatically unfair if they sack you because, for example, you:

• exercise your statutory rights, like the right to written particulars of your terms and conditions
• are pregnant
• take/ask to take statutory maternity, paternity or adoption leave
• are or intend to be a trade union member, or refuse to join a union
• exercise your rights under the National Minimum Wage Act
• complain about a health and safety problem
• report wrongdoing at work ('whistleblowing')
• exercise your rights in connection with a statutory grievance or disciplinary procedure
• take part in official industrial action that lasts less than 12 weeks
• take time off for jury service
• ask to work flexibly if you've a right to do so
• exercise your rights under the Working Time Regulations

There is a link to a complete set of reasons, but it doesn't bloody work!

THat is a very good point Kewcumber.

no ll - you do have to be there for a year to benefit from any kind of unfair or wrongful dismissal except in certain cases someone else spelled out below. Breach of contract would be if they don;t pay her her notice or alternatively let her work it. The argument will all be about what her notice period is.

if flowertots has been there 11m plus 1m notice would be the yr wouldn't it?

yes but trust me (I've been on the employers side - if we are having problems always sort it before the 12 month deadline its much easier) when you try to actually take them to tribunal the answer will be... you haven't got a years service. The only possible exception would be if she thinks or can show that they have deliverately sacked her the month before her 1 year anniversary. But doesn;t sound like that the case. I'd go to whomever looks after HR and tell them you are expecting a months notice and point out that they are in breach of their legal duty to specify a notice period in the contract. If they say statutory is one week then that is a statutory MINIMUM, generally would expect notice periods to match on both sides.

Right, this lot takes a lot of trawling through to pick out the gems, but you need to read this and also appendix two (link on the page).

The key phrase to search for is "Dismissal without following statutory dismissal and disciplinary procedures"

Thread jump!
Hi Kewcumber, did you see the game yesterday? What a cracker, wished I'd gone now. See Mr Dallaglio had a stormer! Ought to save a video of that game for my lad!
How is Daniel? Things still good?

I missed the game as was otherwise engaged, only saw Lawrence (biggergit) swanning around on TV... gather it was good then (or was that just becasue you won?). My ne[hew was there. Dan is still fab thanks

Sorry Hijack over...

Called the local papers and told the editor my story. He kindly called them up and said that if she didn't pay me my 1 month notice AND give me a good reference, he would run with the story. She said she would after having the cheek to say that I was constantly absent, rude to members of staff and disruptive!!!

Fingers crossed the lying old bitch pays!!!

of course you could have been applying for a voluntary or additional job ......

You can take a claim to a tribunal for wrongful dismissal without the year's service. Wrongful dismissal includes dismissal without statutory notice/pay.

You should raise a grievance now. CAB have a useful booklet about the grievance procedure so get in quickly before she remembers her employment law and starts disciplinary procedures.