Hello everyone!

I'm new here so bare with me...

Basically, I have 2 jobs. One at McDonalds (I'm a student) and one I was supposed to start at Schuh footwear shop.

On the 20th Feb 2013 I had my part 1 induction to working at Schuh which all went great, turned up early, filled in all relevant forms and brought all required documents with me as requested. It was easy to come to get a hang off, self explanatory stuff really. The second day was my part 2 induction, on the journey there (1 hour 45 minutes as it was held in White city) I was early enough to get there with 20 minutes spare but I had to change buses and the bus I needed pulled at the stop the bus I was on stopped at, so me thinking to save more time and make sure I'm on that bus jumped off to run for it quickly. But, as I jumped out the doors my ankle collapsed on impact and I completely ripped the entirety of my ankle muscles and ligaments and bruised all the bone. I still managed (somehow!!) to get on the bus in time and I immediately rung my mum who told me to go to my induction and ask them for help as I was in the middle of somewhere I didn't know with no one with me.

Ok fine, so after sobbing for 45 minutes on a bus wanting to scream I finally arrived and they called me an ambulance and I quote "Don't worry! We'll arrange another induction for you! :)" So I was taken to hospital reassured I'd be rescheduled.

When I finally got home I rung what would have been my new Store Manager and I said I would do my induction the upcoming Monday, but I'd be on crutches. He rejected this as I wouldn't be able to to do the work efficiently- fair enough i agree.

But I then recieved an email on that monday saying my induction was that day regardless of being on crutches... It was supposed to be at 2pm but I recieved the email at 8pm that night, not due to me not seeing it but because that was the time it was sent, I have asked and got this confirmed.

Ok so that wasn't really my fault I didn't attend if they never notified me?

After the new store opened I was told to come in and arrange an induction, they opened the 8th. I went in on the 9th to sort it out (they did ask me to come in a few weeks after opening but you know the saying, Out of sight out of mind)

The manager told me he was meeting with his regional manager to discuss my employment and to get me all started up and working. Great!

Until yesterday, when a letter from H&M revenue came through my door, it was a P45 stating my employment was terminated on the 21st Feburary... my second induction day when I was taken to hospital?

I've been paid 2 amounts since february and I don't know what for from them as I haven't had any shifts as I havent even started working there!

I was just waiting for a phonecall to arrange my induction but now I've been dissmissed ?

How can I be dismissed when I havent started working there yet but was on the employee list?

Is this allowed? Do I have any right to appeal for this? What can I do? Who do I speak to?

Please advise me on what to do, I was looking forward to working there.

Thanks xx

Hi, I am afraid you have no right of appeal as you haven't worked there long enough.

If I were to guess I'd say the 2 amounts were payment for training day one, and pay in lieu of notice. Does that sound like it matches the amounts?

I have no idea because I've never been paid for an induction before as Mcdonalds is very different to this one, I know I said can I appeal but I mean can I appeal against their decision to terminate my employment with any warning or proper procedure if that makes sense?

I just don't get how it's fair they can do this before even having a chance of working when I actually had the job you know?

I am afraid they can. Unless you have evidence of discriminaion based on a protected characteristic - there's nothing you can do.

I'd chalk it up and dust off the cv. ETs take a lot of effort and emotion - and you have study to concentrate on!

So I can't even ask the manager why this has happened? I have tried to contact him several times and no answer and now have been forced to email even though I wanted to talk not via a computer as it's easier to hide behind a computer isn't it.

Oh man this sucks

I think you should get back in touch with the Manager and try to find out whether this was a mistake or not. Even if your employment has been terminated (and it could quite possibly have been legitimately terminated due to you not being able to work) he may be able to keep in touch should anything else come up in the near future?

You can ask, sure. As sidewinder says, ask to be kept on file. But don't go in shouting about employment rights as you probably don't have any

it wasn't a case of not being able to work I was only on crutches for 6 days lol, I was back working at the other one the week after and he has seen me without crutches so he knows I'm ok and this was before the thing came through the post

I don't think I'd want to work there in the future if it isn't a mistake anyway, just doesn't seem fair at all lol

I know I probably don't have any rights what so ever but it's not nice is it haha, surely common decency still applies today! well apparently not in the working world :L

Common decency is a virtue that employers who behave in the way you describe do not possess in any great quantity. Here is my own opinion for what it's worth. I do not wish to raise your expectations unduly. If you choose to take action know that the process can be full of all sorts of obstacles, it's not an easy option, you have already been advised to accept your losses.

From the moment you accepted the offer of employment a contract of employment exists.

The terms and conditions of a contract of employment include the procedure to be followed in cases like yours.

I can't say I've ever heard of a case where an employee's first inkling that they were no longer employed was their P45 from HMRC.

It would not make matters any worse if you wrote to your employers and told them that you did not think much of the way you were dismissed and informed of it.

You could also say that you are in the process of seeking advice on your rights under your contract of employment, whether the way you have been treated constitutes a Breach of Contract and whether you have any grounds on which to take your case to an employment tribunal.

There is nothing dangerously antagonist there, you are not making demands, threatening or issuing ultimatums.

Those sort of people who think they know the law and can get away with treating people like dirt usually know enough to recognise certain words that ring alarm bells in their heads. One thing you can be sure of is that the very mention of terms that sould like legal jargon will have them rushing off to consult solicitors. At the very least you will cause them days or weeks of anxiety and probably a hefty solicitor's bill.

Except the law states that your employment can be terminated at any time in the probationary period for pretty much any reason as long as Iit isnt discriminatory.

Could you name the law that states what you are claiming so the lass can refer to it if necessary?

Its base employment law. Until 12 months have elapsed the employer can dismiss an employee for pretty much anything they like. Technically they could dismiss you for your shoes if they wanted to.

Do you mean that employees who refused a request to hand over their shoes to their employers could technically be dismissed? How does technical dismissal differ from actual dismissal? I had not realised how base employment law had got.

I think the best option just now would be to forget the legal rights and wrongs for the moment and just give them a call to clarify what has happened.

Do you mean that employees who refused a request to hand over their shoes to their employers could technically be dismissed? How does technical dismissal differ from actual dismissal? I had not realised how base employment law had got.

Hi Skinnered,

The default rule under English law, like most legal systems, is termination at will which means that the employer/employee relationship can be terminated by either party for any reason at any time. This was the legal position for hundreds of years under common law.

You can only bring a legal action if the employer has breached a specific term in the employment contract, or has breached a right granted to the employee by legislation. Employees have a right not to be unfairly dismissed under the Employment Rights Act 1996, but this generally only applies once you have been employed for a year (2 years for employment starting after April 2012). An employer is within his rights to terminate a new employee because of their shoes, haircut, haircolour, body-fat percentage or any other reason (with a few exceptions, because legislation says you cannot treat a person less favourably because of their race/gender/age or because they ask for the minimum wage and a few other things). Obviously that would them a bad employer but that is the legal position.

In this case, the employer has definitely acted badly, common sense seems to be a bit lacking on the employer's part, and it is worth the Op contacting them. There may have been some confusion which resulted in the Op receiving a P45 by mistake, perhaps the Op's injury was not communicated to the correct people and some numpty thought he didn't want the job. But unfortunately in this case I do not think the Op has any real legal redress if the employer doesn't do the right thing.

I think the employer may have been a little hasty in their actions but haveny acted ileagally, sometimes things just dont work out, its realky not worth getting into a battle with them over this, if you were given the one weeks notice pay there really isnt a lot more to e gained by persuing this.

Sorry to hear of your pain but I wouldn't get into a lather over this one. You werent employed long enough to claim any employment protection righs and as you have another job and are a student it is only the shortage of money that will damage your future. Try applying for another job there in the future, I doubt of they will hold it against you but they cant be wating for you to get better so they did what they did for sound business reasons.

I have rung the head office and citizens advice and it turns out, I do have a case because my contract was fixed-long term and they changed it without telling me to state I only was a "one day thing" which is apparently illegal. CA have told me I can actually take this further or just accept a compensation from them (which seems more reasonable and less hassle) To cover the costs of what I missed from Uni (£66 per lesson and I missed 4 lessons for this 2 days)

I think that's the route I should take and just accept it all and say cheerio to that job haha

They also said there is a possibility of having my job back but I really don't think I'd want it back after all this complication

And just to clarify, I wanted this job more because I would have better opportunities in the future but now I'm on a course at Mcdonald's to become a manager in a year so I suppose it's all working out for the best really?

I thank you ALL for your advice though, I'll let you know how I get on

Take care! xx