Unfair dismissal?

[Tatteredlace]

My DH handed in his one month notice after his bosses abusive and hostile behaviour...

He injures himself at work trying to do a 2 man job, something his employer forced him to do. He then had to take 2 days off of work and his boss proceeded to send him abusive messages because of this.

On receiving my DHs notice he sacked him on the spot. He is now refusing to pay him for his notice period and told him he will deduct as much money from him as possible, including previous sick leave and 4 days he took as annual leave 3 months ago when I had an operation.

Please someone tell me this guy is a mad man and has no leg to stand on?

Jeez what an asshole. All I can say is gather as much evidence as you can of his bullying

Dh has been there since February and it clearly states that his boss needs to give him one months notice to terminate his employment.

He just sent this email:
Hi

Please provide final payslip for ### and P45.

As below...

September 2017

Last day worked Friday 15th September.However, Wednesday 13th to Friday 15th September absent (no doctor's note), classified as "waiting days", therefore no payment made.1st - 12th September, 8 days worked. However, 3 previous "buffer" days paid earlier in year no Doctor's Note supplied so also "waiting days" reducing 8 days to 5 days. My calculation £384.62.Overtime figure owed £308.82.
Holiday taken in year to date = 12 days. Pro rata holiday owed until last day of employment 11.15 days, from start date of 20/2/2017. Therefore please reduce gross salary by £65.38.PA1/PA6 training cost (£471 net, 12th-14th June), pro rata charge back as first year's employment not completed £298.90. This is covered off by Contract 5 signed by ###. This is standard Greenthumb policy across the county.
We run a bonus credit/debit system which Ben's figure's have always been declining. This is a combined shared pot due mainly to van damage whereby we have not been able "pin" damage on one employee plus over and above machine/equipment damage plus administration fines for poor crewrun management. ### figure is a deduction of £292.62.I make gross salary therefore owed - £36.54.

Can you bluff? As in my brother in law is an employment lawyer and we will be in touch...

I'd ask MNHQ to remove the name of the company and your DHs name from that post.

I don't believe you can claim unfair dismissal with under two years service; unless there's a protected discrimination factor.

Also, id second the suggestion that you get both the company and your husbands names removed ASAP.

Go to CAB for advice - it's free

I'd go to a solicitor they give 1/2 free advice you maybe able to claim unfair dismissal etc and I'd sue them

And yes reply - I have been advised to see a solicitor they'll be in touch shortly

Check you house hold insurance you may get some free advice there as well

They cannot refuse to pay his notice period unless they sacked him for gross misconduct. Handing in your notice is not gross misconduct. So your husband's last day is 15th October.

Whether or not they can deduct pay for the days he was off sick depends on what it says in his contract.

If he has taken more than his pro rata holiday entitlement they are entitled to deduct that. However, the holiday entitlement must be based on his departure date after notice, i.e. 15th October, not 15th September. I suspect they will owe him some holiday pay when it is calculated correctly.

It looks like the deduction for training is covered by your husband's contract so that may be correct, although again it may be that the calculation is based on the wrong departure date.

Whether they can deduct anything from your husband's final salary for van damage and the administration fines referred to depends on the terms of his contract. What is said about this seems unclear. It may be an illegal deduction from wages.

As your husband has only worked there for 7 months he cannot sue for unfair dismissal. However, he can sue for wrongful dismissal (i.e. his employer terminating the contract without giving notice).

As your DH was injured and off work due to being forced to not follow safe work practices I would look at bringing a personal injury claim. Your home insurance may cover the cost of this or look at no win/ no fee solicitors.