Dismissal

[MLK42]

Hi,
Really need help I have just been 'dismissed' from a job I had for 7 months, reason being that I had had an interview internally for slightly different hours and they felt that I was not committed to my role as I had looked elsewhere. n the meantime I applied for flexible working and was refused as 'negatives outweigh positives' no meeting took place to discuss and before I could appeal I had been dismissed. I want to appeal against the decision but not sure how to as only 7 months service? I feel the dismissal is a smokescreen for the fact I wanted a chang in hours, as in previous cnversations with manager he had suggested that I leave as struggling with childcare!
In my dismissal meeting was given no opportunity for preparation or to take someone in as no indication meeting was for dismissal?
Sorry so many questions but really don't know what to do next I am with CAB next week but apprecaite need to move quicky - they have offered me a glowing reference as an excellent member of staff and told that they have given me a months notice which obviously don't need to work as this will then give me the opportunity to find a job with suitable hours!!!
Cross and patronised!

I believe that before 12 months service they can dismiss you full stop without any disciplinary process for example (but not for discriminatory reasons of course, eg race, or sex).

some info here

So you would not be able to claim unfair dismissal or anything. It does sound like a rubbish reason to dismiss though, like a poor excuse really. Are they shedding staff generally?

Not really as they have 2 new starters on Monday! Also they have tried to deter me from applying for flexible working also they have not followed the process as they have just declined with no meeting with shaky reasons?

Thanks for your help so far!

How do I appeal against my dismissal?

You say that mgr suggested you leave because you were struggling with childcare?? That implies there is a chance that you were dismissed because they didn't want to deal with someone with primary care responsibilities. Such a reason would class as discrimination and as such you could appeal your dismissal on these grounds. But we'd need far far more info/evidence than you have presented here to know if pou have reasonable grounds and a resonable chance of wining your case.

Other than that you have no claim against them as you have served less than 12 months. Not following process is not reason enough to claim. Also you may want to check your T&Cs of employment - many firms do not allow applications at all in the first year of employment, so your firm may have thought OK to ignore (if that is in their T&Cs)

Mgr suggested I leave as I asked him if he had a solution? As we had discussed issues as I onl have one parent able to help who currently has cancer. These discussions came about after I had shown interest in another job internally. Everyone in office said I was mad to try as others had tried before unsuccessfully and always on 1 on 1 discussions not formal applications, so felt not worth applying, was told I was first application I they had. Going to CAB but HR want a meeting with me this week but no sure what the purpose is? I did say after dismissal that I wasn't happy with the way that I was being treated as had many comments like now you have a month to find a job were the hours suit you, you have loads of skills you will find something soon felt very patronised as director even came out of his way to say what an excellent employee I have been. Nothing stated in T&C's at all about applications only 26 weeks cntinuous service?

It sounds as if you are struggling with childcare? That's not their problem, it's yours, and it is not up to them to solve it. It is your responsibility to have childcare in place, and if normal childcare falls through then you need to find alternative childcare - even if it's more expensive. And if that leaves you financially unable to work then, again, that's your problem, not theirs.

In what way have your struggles with childcare affected work? Have you taken time off? It's impossible to tell if you have been discriminated against because there is not enough detail/hard facts in your posts.

Do you work full time? How many days have you taken off at short notice? What flexible working pattern did you request? Could someone else have filled your hours if you went on flexi? What type of job do you do and is it doable in flexi hours?

If you knew what the hours were when you took on the role then you can't really complain if they say no. It might be different if they tried to change your work pattern after you started work for them. Although the reason for your dismissal does sound a little flaky.

I could be wrong but the underlying theme here seems to be that your childcare problems have been affecting your work or you've implied that they will do. It's your problem to solve, not your managers. However if I'm wrong I'd like to hear more.