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Original poster

Just been sacked ,what are my rites?

68 replies

Marne · 04/09/2008 10:56

Hi,
I handed my notice in on monday to look after my autistc dd2 and gave a weeks notice, i was told this should be ok, got to work today to be told i have to work 5 weeks notice (a week for each year i have worked there), i got upset as i have planed to finish friday and to start working with dd at home with speech therapy. Anyway i was called to the office and then sacked , i was upset and crying, i told my boss that my little girl ment more to me than the job as it would for any mother, i was told to stop trying to get sympathy and leeve. I was then told i could'nt collect my things or say goodbye to anyone, by this time i was hysterical, they collected my things and marched me to my car

Since i have been home i have looked at my contract from 2005 which states i need to give 1 weeks notice if i have worked longer than a month, it also states that i need 3 writter warnings before they can sack me. I am unsure if i have signed anything else since being there but im sure if i did it would be with my other contract.

I only worked 25 hours a week but have been there for 5 years. Where do i stand, surely they cant treet people like this?

This is'nt the first time they have done it either.

OP posts:

Nappyzoneneedssleep · 04/09/2008 11:04

I would contact CAB or ACAS for advice. Sounds wrong wrong wrong.

Original poster

Marne · 04/09/2008 11:08

Thankyou, still trying to calm myself down, im so angry at how i have been treated. I will call CAB tommorrow. I have e-mailed the company and asked for a copy of my contract as mine states 1 weeks notice.

OP posts:

wannaBe · 04/09/2008 11:10

bloody hell .

I'm sure that the way they've acted can't possibly be legal. but

I would ask myself what you want to do about it? what you want to achieve? You were leaving anyway, and it sounds as if you already have enough on your plate without throwing a tribunal into the equasion. if you took action against your employers it will be hard, expensive, and emotionally draining. Obviously I'm not saying you shouldn't do it, but maybe you should question whether it will actually be worth it given you were leaving the company anyway.

lulumama · 04/09/2008 11:10

definiely call ACAS

hopefully flowerybeanbag or one of the other HR geniuses can help you out here

really sorry

Original poster

Marne · 04/09/2008 11:13

I know, i just dont want it happenng to anyone else, this company has been in the local press for its friendlyness towards staff and has won awards for the friendliest loccal buisness etc.

In a way i just want to scair them with a letter from a soliciter or simalar so they know what they have done is wrong.

OP posts:

cthea · 04/09/2008 11:18

They must know what they've done is wrong. If they won awards for being good employers then surely they know what being a bad employers means as well. I think it's disgusting the way you've been treated and no wonder you're so upset. So in essence they sacked you because you couldn't work your 5 weeks' notice (assuming you had to work 5 weeks)? Could you have taken some of it as holiday (paid or unpaid)?

Imnotok · 04/09/2008 11:19

I am so sorry this has happened ,I would contact CAB or and emplyment lawyer TBH because it sounds very wrong .
Hope you get it sorted .

Imnotok · 04/09/2008 11:20

Maybe post this in legal too ?

Original poster

Marne · 04/09/2008 11:20

Holidays another matter, aparently i have had too much holiday and they are taking out of my wages. They have payed me holiday for days i have had off sick or had appointments for dd.

OP posts:

ivykaty44 · 04/09/2008 11:25

Marne - unless you belong to a union, who can tackle this on your behalf as it is what your union subs cover every month then walk away. A solicitors letter will cost you around £150 and the company can throw it in the bin and ignore it.

Spend the money on your dc instead and put it down to experiance.

Original poster

Marne · 04/09/2008 11:29

My dad is good friends with a solicitor so could get a letter,i wont be spending any money on this, im sure once i have calmed down i will walk away from this, im more upset that a have lost contact with some friends, the ones i do have contact with now know what has happened. I just hope they are feeling guilty and they dont do this again to any of the others. We dont have a union as there are only 30 people working for this company.

OP posts:

LadyMuck · 04/09/2008 11:33

The CAB can help you with a claim for unfair and/or wrongful dismissal.

You need to think about what you want. persumably you would want to be paid until the end of your notice period (this Friday), and also get any holiday pay owed. You may want to reach an agreement about what sort of reference you want. You may want some compensation for being treated unfairly, but typically this would be fairly minimal. You may want the satisfaction of having your boss being told or admitting that they were wrong. I'm guessing that you don't want you job back.

Are you usually paid weekly? Whilst you don't have long to bring a claim against an employer I would see what your pay packet shows for this week and then see the CAB (though as appts get booked up I'd still phone now).

flowerybeanbag · 04/09/2008 11:33

Difficult to understand how you could be sacked as you had already resigned. All sounds a bit bizarre, one minute they want you to serve a notice period you don't think applies to you and the next minute they want you out immediately.

What's happening about your pay? Are you going to be paid for the week you were willing to work but not allowed to? If so, I'd think carefully before taking it further.

What would you want to achieve? If you claimed unfair dismissal any compensation would be based on your financial loss, and as you had already resigned, your financial loss is nil. When you ask where you stand, what do you want to do?

This is not an appropriate way to treat you, and at very least they may owe you wages, but other than that I think your only concern should be a reference if that is important. It sounds as though you are best off out of there anyway.

flowerybeanbag · 04/09/2008 11:34

x post with everyone!

Original poster

Marne · 04/09/2008 11:36

I am paid weekly, and they have said they are taking money off me for holiday i owe them. they said they are being fair (i think not).

I would be happy for them to admit they are wrong and to agree to giving me a referance in the future.

OP posts:

beanieb · 04/09/2008 11:38

What reason did they give you for sacking you?

flowerybeanbag · 04/09/2008 11:39

You could put in a grievance, you can do that after you've left. When you have your grievance hearing state that you want the reason for leaving to be resignation, you want paying for the week you were prepared to work (if you aren't getting that) and you want to have a decent reference agreed.

ivykaty44 · 04/09/2008 11:40

It is a really horrid way to treat someone who has worked for a company for five years and you are angry as anyone would be, rightly so.

This type of situation will leave a sour taste but it will pass.

Enjoy being home with your dc and all the good you will do being home.

MascaraOHara · 04/09/2008 11:41

Can I ask a question..

if this isn't formally resolved what will happen when

a) you apply for a new job and tell them you reason for leaving.. you woill obviously state that you resigned to spend time with dd. When they obtain a reference will your company say you were sacked?

if that's the case you potential new employer will automatically assume you are lying? and therefore making it difficult to get future employment(?)

b) how can you prove to anybody that you resigned?

I'm intrigued how they can be so desperate for you to stay longer and then decide to sack you. Sounds like you are best off out of it!

Original poster

Marne · 04/09/2008 12:41

Just got an e-mail and they said the contract was signed on 1/01/05, the contract i have here was signed 25/01/05 which states 1 weeks notice if i want to leeve, 5 weeks notice if they want me to leeve. I think they have made a huge mistake and reed the contract wrong.

OP posts:

Original poster

Marne · 04/09/2008 12:46

The company will refuse to give me a referance (they have done this with others in simular situations)

I handed my notice in with a written, signed letter which sevral people have seen.

The company is the buisiest it has ever been, my job is a skilled job and it will take them a year to train someone to do my job yet they pay me peenuts, i think they are worried as they will get behind on orders if i leeve,also the only person trained at my level is my superviser who is taking a month off next week.

I was told i had to stay to cover her holiday leeve.

OP posts:

wannaBe · 04/09/2008 12:56

ok, you have an email from them stating the date of the contract you signed, which is prior to the contract you have in your possession. Therefore the contract you have superceeds the one they claim you signed and is the valid one.

I would arrange a meeting with the personnel manager, to which I would take along copies of your signed contract and the email correspondance you've had from them. State that this proves that you only had to give one week's notice and that you were not required to work 5 weeks and that your dismissal is therefore illegal. It is also illegal given that you presumably have no previous verbal or written warnings against your file and immediate dismissal is only appropriate for gross misconduct, something which you are not guilty of.

Tell them that given this evidence you expect your dismissal to be revoked and are expecting a letter to this effect immediately. This does mean though that you will have to be prepared to work out your notice (a couple of days I assume) although I imagine it's unlikely they would require it given the circumstances.

If they refuse then I would seak legal action as you have evidence to confirm that you have been unfairly dismissed.

cranmorefifi · 04/09/2008 13:01

poor you. I run a small business so whilst I'm no expert I hope this helps...

holiday - if you leave/ are sacked and have taken more than your holiday entitlement they are allowed to take that off your final pay. So if you get 20 days holiday a year and are 6 months into your holiday year (usually Jan-Dec or Apr-Mar) then you have 10 days (or 3/5 of 10 days if you work part time) to take. If you've taken 12 or 15 then they are entitled to reclaim the money.

they may decide that if you've handed in your notice then they don't want you working out your notice, but if that happened in my business I would pay the amount of notice (which sounds like 5 weeks...) due.

Which contract do you think is right? It would be very easy for them to amend an email contract in their favour. Is your hard copy signed by a company representative? Because then I think you could prove to them/ a tribunal that your contract is correct.

I'm never keen to give references for people I've sacked (simply because if I've sacked them I probably don't think they're very good at their job and so wouldn't give as glowing a reference as they would like). That said, I know that employers can't give negative references and I think they also can't refuse? But I wouldn't put them down as a reference. TBH so few employers actually follow up references - just put references available on request on your CV.

cranmorefifi · 04/09/2008 13:03

btw. they are also being bloody stupid. you have to be sooooo careful about sacking anyone after they've worked for you for more than a year and you do need to go down the 3 written warnings route unless they can prove gross misconduct.

idiots. definitely send them a nasty letter to scare them and get yourself to the CAB! good luck x

Original poster

Marne · 04/09/2008 13:05

Thanks WannaBe, im not sure if my boss/manager will even talk to me but i will try. I have had 1 written warning a year ago for something i did'nt do (i kept quite and did'nt complain), will this effect anything?

Dh has told me not to contact them and tell them it is being passed on to our solicitor.

I think i need spend today just calming down, im just pleased that i was rite about the 1 weeks notice.

OP posts:

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