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Original poster

I'm sure I am about to be sacked, Currently on maternity leave.

184 replies

TerraNotSoFirma · 25/11/2011 01:08

Colleague called yesterday to find out who my secret santa was for the Christmas party, Told her I hadn't been invited.
Then this evening I got an email from the boss asking me to call tomorrow as we 'need to talk about your job'
I have a very bad feeling about all this. Can they just sack me? Just like that?

OP posts:
betternextlife · 05/02/2012 12:30

great news

brandysoakedbitch · 05/02/2012 12:43

So pleased for you all Terra

Original poster
TerraNotSoFirma · 15/03/2012 23:36

I had a letter from ACAS yesterday saying that they will be working as a conciliatory between my solicitor and his.
Hopefully this means things are starting to speed up and should have some closure soon. Anyone who has been through this, How long did it take to end once ACAS were involved?

On a personal note...
Have been in my new house for 3 weeks now and I absolutely LOVE it, 2 bedroom semi in a very quiet cul de sac, garden is fab, Can't quite believe it's ours :)

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Original poster
TerraNotSoFirma · 26/03/2012 23:27

Apparently my ex boss is not responding to any letters ACAS have sent him.
What is he hoping to achieve by sticking his head in the sand?

What a tosser!

OP posts:
mumbaisapphire · 27/03/2012 00:19

Don't be disheartened. Can you get your solicitor to chase up your ex-bosses solicitor regarding his lack of response? I am sure his solicitor will be only to happy for him to stall, but surely there will come a point when it will be not in his interest to keep ignoring.

Original poster
TerraNotSoFirma · 27/03/2012 00:51

Thanks Mumba.

I just want it all over with now, A new start.

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KatieMiddleton · 27/03/2012 13:39

OOoh glad to see an update and that you are in your house!

Him not replying to letters will not help him but might help you. I would expect the next step to be to go straight to tribunal if there is no response.

Good luck :)

Original poster
TerraNotSoFirma · 28/03/2012 13:59

Okay, Received a response in today's post.

He is disputing my claim as expected.

Now saying that he tried to contact me several times before sending out the letter, Despite me having email correspondence from him which proves he did not try and contact me before 24th November.

A long essay on my failings at my job, Saying that I misrepresented my skills at my interview. There were never any disciplinary procedures brought against me and nothing of the sort was mentioned during my employment.

Saying I agreed to postpone my marketing course due to ill health and impending maternity leave, This is nonsense.

Am meeting with my solicitor on Friday to discuss.

What are your thoughts on this?

OP posts:
poorbuthappy · 28/03/2012 14:08

My thought are that he is a twat.

Brilliant that things worked out with your housing.

I'm sure Kate will be along in a minute, but until then, I think he is a twat.
Smile

Original poster
TerraNotSoFirma · 28/03/2012 14:09

I agree, poorbuthappy :)

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KatieMiddleton · 28/03/2012 15:00

Yeah he's a twat Grin

Unless he raised that stuff during your employment and has evidence he did, it just looks like sour grapes. He can say what he likes but unless he has evidence it means very little. You could be the most rubbish employee in the world (I'm sure you weren't) but that doesn't mean he can dismiss you during maternity leave.

Has he disputed your date of employment? That interview comment looks interesting.

Good you have a meeting with your solicitor. Have you got all your paperwork straight? Timeline of events and contact?

Looks like you'll probably end up in tribunal because he hasn't the sense to either hold his hands up and settle or get some proper advice to work out a lawful defence.

I would treat every bit as just another step in the process. Even if you lose it'll do his reputation no good and won't be much fun for him. That said, they don't give everyone legal aid so your solicitor must think you have a reason case.

How are you feeling?

Original poster
TerraNotSoFirma · 28/03/2012 15:19

Thanks Katie

It's never nice to hear that you were a crap employee, The interview comments pertain to accounting. At the interview (which he requested, I didn't go looking to him for a job) He said that he would want me to do basic accounts for the company, I was very clear that I had never done this as I always had an accounts dept to deal with that side of things for me, However I would be willing to try. It was beyond my capabilities to do the accounts and the admin in 3 full days working so I asked that we get a proper accountant.

No disciplinary procedures were ever brought against me during my employment so I will assume he is clutching at straws there.

The tribunal is now arranging a conference call for a case management discussion, What would that entail do you think?

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KatieMiddleton · 28/03/2012 17:07

I'm not really sure but your solicitor should be able to advise. Any case i've ever been involved in before has settled before tribunal - usually before dismissal with a compromise agreement and a juicy settlement.

Still sounds like a strong case to me (fwiw) and tribunals aren't daft. If he lies to them it won't help him at all.

Do you know it he's taken legal advice at all? Or is he the arrogant sort that thinks he knows everything?

Original poster
TerraNotSoFirma · 28/03/2012 17:09

The part of the tribunal form for his representative has been left blank, So am assuming he has the latter :)
(Actually I know for a fact he is an arrogant sod who thinks he knows it all)

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KatieMiddleton · 28/03/2012 17:25

More fool him then. We already know he has no clue about employment law after sacking a woman on maternity leave and hiring someone else without following a lawful process!

Unfortunately it may drag things out a bit because without sensible advice he's likely to keep insisting he's in the right until a ruling tells him otherwise - but you're no push over and you have a solicitor so you have a fighting chance.

Original poster
TerraNotSoFirma · 28/03/2012 17:39

Thanks Katie.

I feel inexplicably nervous, A horrid feeling. Even though I haven't done anything wrong.

Am hoping that after the conference call the tribunal judge will advise him to settle and let that be an end to it.

OP posts:
CarpeJugulum · 28/03/2012 17:47

My company boss (also a pillock) went into a similar tribunal. I'd advised him he didn't have a leg to stand on (I was off on maternity when he made person redundant just coz he don't like them!) but he was adamant that he knew best.

He was very quiet when he came out.

We ended up paying £6500 to the person. And I'm fairly sure that the value of the award was due in part to him being an idiot at the tribunal (as advises by colleague who attended) and the panel being irritated by him

Good luck!

KatieMiddleton · 28/03/2012 17:52

I think that's normal. Anyone with an ounce of feeling gets a bit wobbly with things like this because it's all so unpleasant and personal. But remember it's not you that has behaved badly - it's him. Even if it gets dragged out you didn't start this - he did. You are doing the brave thing by standing to him - many women would have given up right at the beginning.

While you're going through it everything feels much worse then it does when you look back. Be proud of how far you've come already :)

KatieMiddleton · 28/03/2012 17:52

I think that's normal. Anyone with an ounce of feeling gets a bit wobbly with things like this because it's all so unpleasant and personal. But remember it's not you that has behaved badly - it's him. Even if it gets dragged out you didn't start this - he did. You are doing the brave thing by standing to him - many women would have given up right at the beginning.

While you're going through it everything feels much worse then it does when you look back. Be proud of how far you've come already :)

Original poster
TerraNotSoFirma · 28/03/2012 17:58

Thank you so much Katie, Made me a bit teary that did. Yes I have to remember that I am doing this for the right reasons, Sticking up for myself and womenkind in general.
Thanks Carpe!

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Original poster
TerraNotSoFirma · 30/03/2012 22:41

Meeting with solicitor went well.

My legal aid entitlement had run out but she applied to extend it for the duration, So she must be very confident that we'll win.

Case management conference call is in a couple of weeks, My solicitor has been asked to provide dates of when she is available for the hearing in May, June and July. So one way or another it will be over before the end of the summer.

Now with the conference call, I can choose to be present and listen to what is being said or not. (Listen only, not contribute)
One one hand I'd like to hear, On the other hand when he comes out with his nonsense, Will I be able to bite my tongue?

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MamaMary · 02/04/2012 15:38

Just saw this thread (in fact - this topic - wasn't aware of Employment topic before). Poor you, Terra, what a horrible situation to deal with. Sounds like you're doing a great job, with fantastic advice from Kate to help you.

If it was me I'd want to listen in on the conference call - knowledge is power. However, you do have a good legal representative from the sound of it, to fight your corner. Good luck :)

Original poster
TerraNotSoFirma · 02/04/2012 17:38

Thanks Mama, Yes I am going to listen in (and bite my tongue)

I found this topic quite by accident as well, Had fantastic advice and support here.

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Original poster
TerraNotSoFirma · 20/04/2012 00:19

The case has been passed to another lawyer within the firm, I haven't met her yet but talked to her on the phone and she sounds lovely.
She has said that there is probably no need to go into the office tomorrow as the conference call is really just to establish what evidence/witnesses each side has to back up their argument. She will call me as soon as finished to update me. Quite glad really as the office is 40 miles away and would need 2 buses and 2 trains, Money I could do without spending.

So we shall see what tomorrow brings.

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trixymalixy · 20/04/2012 09:19

Good luck!! I have been lurking since the beginning. Hope you get a good payout and put that twat in his place.

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