Sacked or not? Sorry, a bit long.........

[fugitall]

I work for my parents, no contract, £4620 live in.

On Tuesday evening Mum told me they didn't want me to work there any more, they were going to emply a seasonal person instead.

I didn't argue, but phoned a 24hr legal helpline who said they need to follow the due process to sack me, or negotiate redundancy and give notice.

I phoned Mum in the morning to confirm the situation. She said I don't work there anymore, I asked why? Was I redundant or sacked, she said neither, you just don't work here anymore, I said but that's illegal, you need to get advice, she said she wouldn't and I should sue them.

Then, on thursday, dad told my dh that I'd not been sacked, but made redundant and would be paid 2 1/2 weeks pay for my 2 1/2 years service.

Is this legal?

What work was it?

Have you had a falling out?

I'm shocked that your mother can treat you this way.

what were you doing?

how long have you worked there fugitall? There are lots of things wrong with what you say but in terms of whether your dismissal was fair or not, how long you've been there makes all the difference, if it's less than a year you have very few rights.

Might be worth spending a few minutes answering the questions here to get a brief overview of what your employment rights are in general.

www.mumsnet.com/Talk/2724/477738?ts=1203886180596

This is the falling out!

Long and complicated and nasty I'm afraid.

In summary, Parents said they'd sell us a bit of garden, we relocated to live with them and help with their business, gave em the cash, got planning, now they won't complete the sale and are putting the whole property on the market. They will give us the value of the plot when they sell. We've said we're not happy, still want to build, bla bla bla. I offered em an extra £50k sweetner and they hit the roof. Told us to move out and sacked me. They've said we don't need to move out until the house is sold, but I'm still out of work.

Sorry, just seen you've been there 2.5 years, ignore me!

No they can't sack you like that, no. If there is a job there to be done you are not redundant. If they want to dismiss you there needs to be a reason and they must follow the right procedure see here for reasons you can be dismissed, here about redundancy and here about unfair dismissal.

do your parents want you out of their lives? reneging on the house deal, sacking you, paying you a pittance... maybe these have been not so subtle hints..sounds like you are well shot of teh whole situation!

lulumama has a good point. No they haven't behaved legally here but given the whole situation do you want to take it further? You might decide it's better to walk away from what sounds like a toxic situation.

Lulu, seems like it! We're looking at ways to move out asap, but we've no capital so we'll be getting a 100% mortgage.

They are going mad because I've defied them by disagreeing about the land.

They think I'm 12.

god what a horrid situation

It's because of the background that I'm determined to at least make a stand. We're trying to get a mortgage and they sack me.

We've discovered that they can't withold the land, so the sh*t is really going the fan when they get our solicitors letter.

I remember you posted about this recently fugitall. It sounds like an awful situation. You need to get away from them really.

it is an awful situation...

what do you want to get out of legal action re the job and the house? compensation? more redunacy ? etc...

and the emotional ramifications

But it takes time to get out. Renting a house is tricky because we've four kids and two dogs. I can run to my sisters house if it gets much worse, but I can't sleep for bad dreams and waking up with a big gasp. My dh has told them not to speak to me unless he's there, but he has a job to go to.

Since the last thread Mum has started shouting at me. I've only seen her twice and both times she's drawn me into a big row, her shouting, Dad backing her up and me fighting my corner in tears.

The second fight was because my bil told me they'd asked him to do my job the following day, so I went down to their flat to say I'd work of course. Mum ended up telling me I was sacked and we were to move out.

Legal action is for the plot. We've no choice but to take legal action on that problem.

With the sacking it's a grown up way of stamping my foot and telling them they can't treat me like that anymore.

They've treated you so badly.I think you need to seek legal help about where you stand regarding your job and the money you are owed from them. You really need to find somewhere else to go for your own sanity.

fugitall if you want to pursue the stuff with the job, the unfair dismissal link I posted earlier tells you what you need to do, a grievance first then a tribunal claim, you'd be able to say they didn't follow the statutory procedure, they didn't act reasonably and they didn't have a valid reason for dismissing you.

Message withdrawn

Regarding the job... I hadn't done anything wrong, I was working as normal, but starting earlier and working in different rooms from them so as not to get into an argument.

They didn't give me any warnings or consultations.

You'd have a pretty watertight case fugitall, only thing to consider is what you would get out of pursuing it in the context.

Given everything else that's going on you could view it two ways, either as 'in for a penny in for a pound, may as well chuck the book at them', or concentrate on the huge issues you are already dealing with and not add this to it.

well, all the best with whatever you decide. i imagine, eitehr way, it is the end of any sort of amicable relationship with your parents

I'm inclined to go in for the pound because the relationship is over for the forseable future.

Thank you for your best wishes Lulu.

Oh my you poor thing

Is there another family member who could mediate maybe?

A legal wrangle is likely to be messy not to mention costly although you appear to be in the most rightful, legal and strongest position.

(I'm a doula on call, baby due 02/03 so I can't go far)