Advice needed - Supermarket trying to dismiss me

[LittleMadeline]

Long story so I'll try and keep it sohort!

I've been working for Sainsburys 3 evenings a week since Oct 08. Have had to take a few days here and there off due to illness or one of my kids being poorly. The week before Xmas, my baby was admitted to hospital for the night and I missed a shift.

When I went for my next shift, the manager called me and said I'd had too much time off, they wanted to dismiss me but would be happy to keep me on if I agreed to go back onto a 4 week trial period, but if I had more time off in that time, they would dismiss me without notice.

That period is now over, but last week my baby was very ill with Gastroenteritis (in fact, the whole family had it) and on Friday, DS was again admitted to hospital for the night and I missed 2 more shifts.

My question is, can they dismiss me with no written warnings? I have had one verbal warning over absence. And were they within their rights to put me back onto a probabtionary period even after I'd worked for them for 3 months?

Advice please...I have a shift this evening and am dreading going in.

try acas

give them a ring here

If your absence levels are high during your 3 month trial period most supermarkets will look at the reasons for absence and either extend your trial period or dismiss you. If they extend your trial and you still take leave of absence they may well dismiss you. I am not saying it is right or fair but that is the way it is.

I would also advise you to ring ACAS as they will be able to let you know where you stand.

Morning. Sorry to hear you are having troubles.

Unfortunately, if you have less than 1 years' service, you can be dismissed fairly without having to go through any warnings. The procedure has to be correct though. They need to advise you of the issues, invite you to a disciplinary hearing with the right to bring a representative, have the meeting with you and then dismiss you with notice. You should also be given the right to appeal against their decsision.

Re the probation issue; tbh probation periods don't really exist per se apart from having a bearing on how much notice you would receive. Usually we have 1 weeks' notice within our probation period, and thereafter it is 1 month. Had you had a letter to say you had passed your probation period?

HTH.

Need to get dressed!!

You don't have any right to claim unfair dismissaln during the first year unless there is some type of discrimination.

During the first year they don't have to go through any warnings and don't even have to give you a reason for dismissing you.

They don't have to follow the procedure sexonlegs mentioned. Technically it doesn't specify anywhere that this procedure only applies to people with a year or more service, but as you can't claim unfair dismissal before a year, that is the case. No procedure is needed.

Flowery - so basically, I don't have any employment rights at all?

Basically, I'm afraid. Only protection from discrimination and things like having a contract, safe working place, that kind of thing. But unfair dismissal, no protection at this stage unfortunately.

Grr, very frustrating!

Well, looks like I might be unemployed later today then.

Thanks for all the advice. x

Flowery, I thought they still had to follow the statutory 3-step procedure... I know things are changing in April with the revised Code of Conduct from ACAS.

As I said, technically there is no specific exclusion from the procedure for people with less than a year. But as that group can't claim unfair dismissal if the procedure isn't followed, there is in reality no need for them to follow it.

Similarly with the code of conduct, although there will be no exclusion, without the ability to claim unfair dismissal, it won't affect those with less than a year service.

But what about wrongful dismissal if an employer doesn't follow the SDDP's? Or breach of Contract?

Breach of contract assuming the disciplinary procedures are contractual..

Breach of contract, including wrongful dismissal, is about financial loss. If the OP is dismissed, if they don't give her her contractual notice she can claim wrongful dismissal and get that paid. But we have no reason to assume they won't pay her notice.

If the procedure is contractual, not following it would indeed be breach of contract but as there is no financial loss resulting from not following a procedure - the end result would have been the same, there is no point bringing such a claim.

I do apologise, but if and when I have the time and there is a complicated/ambiguous area of the law, I am happy to get into a debate, provide further explanation and links. But I don't at the moment and with the greatest of respect, this is a straightforward and clear query. I've given my advice, that without any discrimination issues, there is no action an employee who has been dismissed with less than a year's service can take.

Obviously no one here has any reason to automatically assume that I know what I am talking about, and as the disclaimer at the top says, should take professional advice. Other posters have given ACAS number, so if the OP is dismissed this evening, and wants to check whether there is any action she can take, she can and should give them a ring for some 'official' advice.

Apologies if I sound stroppy, I think maybe I need a break from this.

OH GOD FLOWERY NO!!!!!

Ive never asked you for advice but your advice for others has helped me lots and lots .

Apologies flowerybeanbag. I didn't mean to inflate the matter. I was just interested from a professional pov.

flowery

I saw your other post abpout taking a break, and I just wanted to say how helpful I find your posts, and I hope that if I ever have an employement issue I would be able to get advice as clear and helpful as yours