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Unfair dismissal

5 replies

Melvinj · 08/05/2024 23:57

Hi my company’s director came in the other day and was a bit butt hurt about another employee slandering him on social media I was telling said co worker that the director wasn’t happy about it and mentioned nothing that had been said in his rant I went outside for a smoke was on the phone and ended as the director came towards me he asked to see my call log I said I’m just messaging a friend who does not work for us I turned my phone around to show him this and he snatched the phone out of my hand and went onto another chat with my manager where all I had said was the director is talking about you he started to tell me how I’m not a very nice person and called me a d/ck went back into work and he said that I am being dismissed as I have broken confidentiality when I proved this wasn’t the case he then said that my services are no longer required my shift is being terminated and I no longer work for the company I was on probation at the time and in the contract as I was on 0 hours at the time they could get rid of me without reason as they have said. I don’t think the whole situation is okay at all and wanted to know if you there was anything I can do any legal work things that have been broken or anything I can personally to get him personally dealt with ?

OP posts:
flyingwingsabove · 09/05/2024 00:02

This is really difficult to read. Can you try and post again with sentences and paragraphs? It’s all reading into one and I’m finding it difficult to understand.

KikiShaLeeBopDeBopBop · 09/05/2024 00:04

Your best bet is to speak to ACAS when they open tomorrow, op. They can advise you.

JuiceBoxJuggler · 09/05/2024 00:05

Unfortunately, 0 hours contracts are extremely hard to deal with legally.

This may give you some guidance: https://www.acas.org.uk/zero-hours-contracts

Zero-hours contracts - Acas

Your rights and the employer's responsibilities when you have a casual or zero-hours contract.

https://www.acas.org.uk/zero-hours-contracts

WarshipRocinante · 09/05/2024 00:08

You were on probation? So you’re new, and there less then 2 years?

They can fire you for pretty much any reason unless it amounts to discrimination. This doesn’t. You’re a zero hours contract as well so they can just refuse to give you shifts.

Let this one go and start looking for a new job. And next time, don’t spread gossip at work. It just isn’t worth the hassle of being dragged into the mess.

LovedFedAndNoonesDead · 09/05/2024 00:28

It’s a very confusing post to read especially regarding who it was you were either talking to or messaging at the time - sounds like you were chatting to one person and messaging another. The director shouldn’t have snatched your phone off you but it sounds like he was already suspicious that you were talking to the person who had been ranting about him on social media otherwise, why did he ask to see you phone?

Was that person under a work suspension while under investigation for their post/s? Often people are told not to interact with their colleagues while they are on suspension so you messaging/chatting to them could be seen as a breach of that.

Unfortunately, if you have under 2 years of employment in a job, your protection from dismissal is limited pretty much to whether the reason for dismissal is down to a protected characteristic or not; if not, you’d struggle with a tribunal claim. Add in to that, being on probation, they can simply say you did not ‘fit’ with the company as a reason for dismissal. Then, being on a zero hours contract, they can simply stop allocating you any hours. I think you would find it very difficult to get anywhere with a complaint of unfair dismissal.

I think the most you can expect would be notice pay based on whatever is in your contract (usually 1 week especially early in a job unless specifically mentioned) but, being on a 0 hours contract, it may be you’re not due anything.

If it was me, it sounds like the director wasn’t a nice person to work with and I would be thanking my lucky stars to be out of there - but not if it meant being unemployed and with a dismissal added to your record, along with likely no positive reference to take with you!

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