Is this Unfair Instant Dismissal? Help neded :)

[dieselgirl]

Hi all.

This is my very first post, please be gentle, as this is the first time I have ever had this happen to me, and am at a lose to where i stand with regards emplyment law.

At the start of August, 2007 via an emplyment agency I started work in a small office. After 10 weeks, I got taken on as a full time, 40 Hours per week, member of staff. I did however, not sign a contract, and I never did, even tho, I did ask, and mention this fact several times.

This office is fairly small, with only me, another girl on my level, one girl above, and 2 senior members, and warehouse staff (who I have nothing to do with)

I felt slightly bullied in my 10 week period as a employment agency worker, but took this on the chin, as I felt I had too. I did keep quiet, as shy/nervous, and really wanted to secure a full time position.

After the 10 week period was over, I was taken on, by the office company as a full time, fully emplyed member of staff. They started paying me my full time wage with holiday Entilment etc etc.

After a few weeks in this job, I started to become ill, and along with Doctors notes, I had to take some time off. This appeard to be no problem, altho there seemed to be comments from the senior members of staff, behind my back, and sometimes even to me face. This was upsetting to say the least.

I felt bullied for a few months, but decicded to get on with my job.

I was left to do the main part of the work, answering phones, inputting data and orders, often having more work loaded on me, while my counter part and my boss played on facebook.

When the main boss was around, work was actually taken from me,form my office boss, to make it appear I could not cope with the workload.

All the time I was there, they called me names, like fat (myname), and constant slagging off and taking the mickey out of me, while I worked and they played on facebook, even my boss was joining in!

They had a works party, for christmas. I was told this was on Saturday Night. My Father is actually a taxi driver, and picked up some of my co workers on the friday night, before the party. I was puzzled by this, as I was told it was the sat night.

Well, heres why I am posting.

I went into work, and ask my counter part, when the party was. She said Friday, I said, I thought it was saturday, lucky I did not go.

I then went to the office Boss, and said, So the Party was on Friday? She said yes! And I said, Why did you tell me saturday then. She then denied and insisted she said it was friday. So I called her bluff, and mentioned the fact she was going bowling friday with some reps on friday who could not make it to the main party. So, she then went onto say, that was Thursday. (I was actually away from work Thursday and Friday before the party) So I stood up form myself for the first time of being there.

My Office boss, then went and told my counter part, who was making tea, what had just happend. They then started laughing at me, and then the Other Manager come over, and asked them what was funny, they told her and she also joined in the joke at my exspence.

I was today, Dismissed. Instantly. Called in before lunchtime, and told I was Fired on the spot, with a weeks pay.

The reason I was given was, I was not Suited for this Position anymore.

I have had no warnings, or verbal chats to any managers aout this problem!

Anyway, where do I stand, if anywhere. THanks for reading, hope this makes any sense to you, any help will be fantastic. Cheers, A rather upset ex office worker

[GlasweJen]

It's hard and I'm not sure of myself saying this (though I will check and correct later when I have time) but I think that this is unfair dismissal. The time limit of needing to be employed for a year shouldn't apply because they never followed statutory procedure for dismissing you.

[cal37]

This is a classic case for a EAT, get a letter of appeal in ASAP, go see and employment lawyer too. Give him all the details and take things from there.

Now if you need help with your appeal letter, pm me or ELL-ann and we will help you all we can.

[advisee]

Originally Posted by Jenschnifer

It's hard and I'm not sure of myself saying this (though I will check and correct later when I have time) but I think that this is unfair dismissal. The time limit of needing to be employed for a year shouldn't apply because they never followed statutory procedure for dismissing you.

Jennifer, automatic unfair dismissal (under the Employment Act 2002 (Dispute Resolution) Regulations 2004) generally requires a years' service.

This case, in my opinion, should centre around wrongful dismissal (assuming the other employees are entitled to one months' notice) and victimisation/harassment. With the illness, there is a possible disability discrimination angle too.

[Ell-enn]

Hi dieselgirl - I'm sorry to hear what you've been through with your employer - they sound a right lot!! try not to worry too much - I know it must be hard not to take it personally, but you need to remember that your experience is not typical of most places of work and you were just unlucky to come across them. However, you've come to the right place for help.

As Cal37 says - get a letter of appeal in soonest and shout if you need help with writing it.

There should be legal firms in your area who offer a free initial consultation - see if you can get an appointment with one of them as soon as you can. Alternatively the CAB should be able to point you in the right direction.

Stay in touch.

Kind Regards

Ell-enn

[dieselgirl]

Wow you guys are fantastic. I am so pleased I decided to post on here now. Thank you everyone.

I have been to get some advice today, but I cant make a appointment for a while (3rd of Jan) so I am going, on your advice, to seek legal advice via a emplyment layer as mentioned.

I know this is going to sound really daft, but with this letter of appeal, do I write it to my ex employer. Any help on doing this would be fantastic. Again, thank you so much

Dieselgirl

[advisee]

Yes, you would write it to the ex-employer (maybe put attn. HR manager on it). You should have received a letter confirming your dismissal (setting out your right to appeal), but I guess you haven't?

Do you have a contract/written particulars of employment? What notice period is stated in there?

[dieselgirl]

I was not given a contract to sign or any rules of employment. I have also not been given any letter, to my address or in person.

[shywazz]

Hi small companys although not all, seem to not follow proceedures, don't let this wee set-back spoil your xmas holidays, chin up and set the wheels in motion to take to appeal..
You will need the letter of dismissal, if you havn't got one after 5 working days, then request one from the company straight away, there could say there havn't sacked you down the line, so the letter proofing such is important...
Gross mis-conduct allows instant dismissal by management eg theft,gbh,etc etc... conduct eg swearing, accident etc etc doesn't result in dismissal, either way the meeting that was held, if any at all, which you were told that your services were no longer required, would have been minuted, or was it....
Place a grivence in writing about the staff bullying you recieved at the company, if you can remember dates and staff names, what was said etc thats great..
This looks like the girls didn't take to you for what ever reason, and have grouped together to get you out...don't take this lying down..
This might turn into there said this you said that so any thing relating to such, write down and keep, chances are there won't have anything documented, ie meetings minutes, so you will have a better start to your dismissal claim, also try to think what you want out of this, are you fighting to get the job back, or just apolgies from the company, and to clear your name of why you were dismissed, hence the dismissal letter, you really need this to see why you were dismissed in the 1st place.... Try have a gd feastive holiday and look to a brighter 2008 with a better employer...

[dieselgirl]

Everyone here is being so Kind, Maybe I could come work for you guys n girls hehe.

No Minutes where taken at the "meeting" (what lasted about 2 mins)

I will remember all there names and what they said.

I am booked in with a employment Lawyer after advice from you guys.

I shall wait to see to see if i get my letter of dismissal via post

Again, everyone, THANK you, any more help or comments most welcome guys

[advisee]

Originally Posted by shywazz

You will need the letter of dismissal, if you havn't got one after 5 working days, then request one from the company straight away, there could say there havn't sacked you down the line, so the letter proofing such is important...

Were it the case that you had one years service, the not providing the dismissal letter would have meant that you could claim two weeks wages for "failure to provide a statement of written reasons for dismissal".

If you don't get this, I would recommend you send a Grievance to the HR manager, just simply requesting the reasons for your dismissal to be set out in writing, and sent to you within 28 days.

The solicitor is likely to advise that he can't help you directly (due to the potential settlement not being that high) but he will hopefully advise what you can do yourself (in terms of issuing in the tribunal).

[dieselgirl]

Hi guys hope you all had a good christmas and thank you for your help so far i spoke to a employment law specialist this morning on the phone and she told me she agrees that i was unfairly dismissed. Unfortunatly as i have not been employment for a year she said i dont have a case. Can anyone help? Thank you

[advisee]

You have a case for WRONGFUL DISMISSAL but not UNFAIR DISMISSAL.

To progress this wrongful dismissal case, you'll have to do it yourself. This means writing a letter appealing your dismissal, then filling out a tribunal form, against the company. Quite easy to do. You may not go to tribunal, as Acas would usually get involved to try and settle.

[Ell-enn]

Hi Dieselgirl - As opinions differ on this thread and given that your employment lawyer has already advised you - I would suggest that you give Acas a call (08457 474747) just to finally clarify the situation.

Kind Regards

Ell-enn

[dieselgirl]

Hi once again thank you so much for your help, i will give Acas a call first thing tomorrow. I have been recieved my letter of dismissal which gives the reason unsuitable for the position and that i have been paid one week in lieu.

[advisee]

Unless you can prove some discriminatory factor, or whistleblowing, then in general one weeks' notice is all you are entitled to.

I assume this is the notice period applicable to other employees as well? Or do they get one month?

[dieselgirl]

Hi guys sorry for not replying sooner i want to cab and they said they are in there rights, im very upset that they have got away with it. I can only hope someone else doesnot go what i went through there. Once again thank you to everyone who helped me it was very kind of you.