Employment Help Sacked by text

[joannemartin105]

I know I will probably have to wait till Monday but does any one know of an employment solicitor or help line I can ring at weekends?

 

I have been fired at 11.43pm last night as my boss took offence to something my partner said in a conversation we had in a pub as we had all gone out for a night out, i was not part of this conversation i was talking to someone else

 

can i also point out it was done by text message telling me they wanted nothing more to do with me, i have been in bed all day yesterday with migrane work up at 7pm and turned phone on and saw the text

 

I have tried to call them but they wont talk to me

 

just want bit of advice till i can get to see someone at law centre on monday as i cant afford to pay someone

 

Joanne

[Ell-enn]

Hi, can you give a bit more information about your job please?

 

What is your job?

How long have you worked there?

Were you given a contract of employment?

 

 

Ell-enn

[joannemartin105]

Hi

 

i haave been there 11 1/2 months

I was an account manager and have recently been promoted to production manager

 

it is a promotional product company that does in house printing

 

Joanne

[andydd]

HHmm..It all sounds a bit iffy.

 

You would of at least cleared the probation period which would of been 3 months normally so you'd be entitled to the full legal process, I do believe people can only be sacked instantly for gross misconduct, stealing, drug use, violence, etc. i'd doubt wether a few words outside of work would count, Im sure many of us have either said or witnessed some unclever comments after a few pints (perhaps a warning about going out with ya boss here ?).

 

If gross misconduct doesnt apply then you could be fired either because your work isnt upto scratch (but there must of been previous warnings about this) or your job has been made redundant (it would appear so far that they arnt following this process, i.e a job at risk letter, etc).

 

I would wait untill monday because as it stands its unclear as to what is going on.

 

Please update us all on Monday, I'm sure you will get some help here.

 

Andy

[Ell-enn]

Unfortunately if you have been employed for less than 12 months you normally cannot bring a claim of unfair dismissal - but if it was seen that the contract was ended within the last month of the year in an attempt to avoid an unfair dismissal claim, a tribunal may rule that the employee was unfairly dismissed.

 

However, if there has been a breach of contract then a claim for unlawful dismissal may be brought.

 

This is why I asked if there was a written contract in a previous post so we could see what the notice period is.

[joannemartin105]

hi

 

sorry thought i had put that yes i do have a perminant contract, i did 3 month prohbationary then was given full time contract

 

i have sine had word from a friend who works there that she has spoken to them and has been told if i turn up i am to be told to leave and if i ring told not to ring again

Joanne

[andydd]

hi

 

sorry thought i had put that yes i do have a perminant contract, i did 3 month prohbationary then was given full time contract

 

i have sine had word from a friend who works there that she has spoken to them and has been told if i turn up i am to be told to leave and if i ring told not to ring again

Joanne

 

Still sounds wrong, you are quite entitled to know whats going on ?. Is it a large company ?. Does it have an HR department ? Firstly you need to know the reason you are being dismissed, there MUSt be a valid one.

 

Andy

[Ell-enn]

Ring ACAS first thing tomorrow morning 08457 47 47 47

 

 

[joannemartin105]

thanks for that I am going to ring them in morning

 

my friend who went into work today was told they are getting rid of me because he felt threatened by wayne when she asked what wayne said he said that wayne told him to realx and have a drink and that he was out and didnt want to talk shop as thats all my boss does and wayne was fed up of hearing work this work that and he doesnt work there

 

maybe wayne said it out or order but he has promissed me he didnt

when my friend tried to get more out of him he said thats it on the matter the less we have to do with her the better

 

Joanne

[zazen.warrior]

I know it doesn't help but this is the reason I tend not to socialise with work colleagues. I have seen this sort of thing happen quite a few times when a couple of drinks have caused a 'frank exchange of views'.

 

Although I have never known it happen as a consequence of remarks made by a third party. It's a great pity that you have not worked there for more than 12 months.

 

***You might want to remove your actual names if that is what they are***

[joannemartin105]

we always go to the pub after work every friday we finish half hour early and boss takes us for drink other than that i dont normally go out with them, only went as it was someones birthday

 

i do have one really close friend through work i just hope they dont start treating her bad as she is still friends with me

 

they got rid of somone correctly may i add last year and i could feel there stairs when i mentioned that i had gone to her wedding

 

some of the things they do at work i think wow how do they get away with it and keep my views to my self just make mental note not to let them speak or treat me like they just did someone else

 

i just cant get over that they have not rang me or asked me to go in and asked me if i even knew something had gone off as i was not even part of the conversation, they have just sacked me for something my partner said and wont take my call or let me go in and see them

 

my boss is 50 and his wife also boss is 35 my boss has been in business all his life as his dad gave him and his brother a business when they were old enough to look after one, as it stands he has 4 business 3 he runs with his brother still and this one with his wife, yet at 11.30pm they rang the sales manager to ask him what to do, he told them to go home sleep on it and sober up and he would go round in morning see if it could be sorted out like adults, but no they ignor his advise and text me telling me they want nothing more to do with me

 

arghhh i am so stressed lol

[andydd]

we always go to the pub after work every friday we finish half hour early and boss takes us for drink other than that i dont normally go out with them, only went as it was someones birthday

 

i do have one really close friend through work i just hope they dont start treating her bad as she is still friends with me

 

they got rid of somone correctly may i add last year and i could feel there stairs when i mentioned that i had gone to her wedding

 

some of the things they do at work i think wow how do they get away with it and keep my views to my self just make mental note not to let them speak or treat me like they just did someone else

 

i just cant get over that they have not rang me or asked me to go in and asked me if i even knew something had gone off as i was not even part of the conversation, they have just sacked me for something my partner said and wont take my call or let me go in and see them

 

my boss is 50 and his wife also boss is 35 my boss has been in business all his life as his dad gave him and his brother a business when they were old enough to look after one, as it stands he has 4 business 3 he runs with his brother still and this one with his wife, yet at 11.30pm they rang the sales manager to ask him what to do, he told them to go home sleep on it and sober up and he would go round in morning see if it could be sorted out like adults, but no they ignor his advise and text me telling me they want nothing more to do with me

 

arghhh i am so stressed lol

 

Dont post too much personal stuff, just stick to the details of the actual 'sacking' which seems to consist of a text so far.

 

They may want nothing to do with you, but the fact is you have a contract of employment and you cant be just dismissed willy-nilly, luckily UK Law demans certain processes must be adhered too, I'd also be carefull that they dont twist the facts to make it easy to dismiss you, it appears in this recession that certain companies like to play about with the fact just to suit them so people cant be 'got rid of' easily.

 

Let us now what ACAS say ?. I'm guessing it's a small (family run ?) company ?

 

Andy

[joannemartin105]

yes it is a very small company just boss and his wife then 9 others

 

will post as soon as i have spoken to acas tomorrow

[andydd]

yes it is a very small company just boss and his wife then 9 others

 

will post as soon as i have spoken to acas tomorrow

 

Thought so, I worked in similar setup, was a pain, The good news is that they may not be fully unaware of employment law and have truely put their foot in it.

Edited September 20, 2009 by andydd

[joannemartin105]

to be fair i dont think they understand employment law

 

she downloaded contracts and employee handbook and edited it to suit the compnay but even at that they were not very good, I am production manager and few weeks ago one of my guys handed his notice in and asked me to check he would get holidays owed and i said i would i emailed her to ask if he was getting them and i got an email back saying how checky tell him NO so i had to get a contract out and take her aside and point out in his contact it states he get all holidays owed before she would agree to pay them

[mariefab]

On what date did you start working for this Company?

 

Check your contract to see how much notice your employer was reqired to give you to terminate your employment.

 

Check to see if there is a Disciplinary procedure in your contract.

 

Remember that you have done nothing wrong here. Your employer cannot hold you responsible for something that your partner said.

 

What did the text say? (don't use real names)

[joannemartin105]

the text read

 

i think tonight was out of order i dont think my husband deserves to be spoke to how he was tonight i think that is it for us we dont want anything more to do with you take this as your notice you money will be in you bank we dont want to speak to you again

 

i have been there since 14th october 2008

 

they have to give me one week which is what i assume the money in you bank is about they will pay me but dont want me in

 

the contract if i remember rightly says to refer to hand book for disciplinary procedure and the handbook tells you to refer to contract i pointed this out to her when she gave them out but she never changed them

[andydd]

 

Remember that you have done nothing wrong here. Your employer cannot hold you responsible for something that your partner said.

 

 

Exactly !

[mariefab]

How brave/brazen/confident are you?

 

Do you think you would be able to carry off simply turning up for work tomorrow, and when this is questioned, acting as if you didn't believe that you were supposed to take that text seriously. You assumed that it was sent by someone who had perhaps had too much to drink. A reasonable assumption in the circumstances because it's hardly sober behaviour for an employer to sack an employee at stupid o'clock becuse they didn't care for the way the employee's partner spoke to their husband on a social occasion.

[joannemartin105]

thank you so much for all your advise its helped me loads

 

i didnt mention but i live on lets say street 1 work is street 2 and boss house is street 3

 

no imagine a letter H the left hand stick street 2 the middle cross bar street 1 and the right hand bit street 3

 

so have not left house since i they would not let me in work to talk to them as didnt want to bump into them

[joannemartin105]

i posted at same time as you Mariefab i am not brave or confident at all it took a lot for me to just nip up to see if could sort it out, and since then i have not been out incase i bumped into them

[farmlama]

Before taking formal disciplinary action or dismissing you, your employer may try to raise the matter informally with you. This is often a good way of resolving a problem quickly. Sometimes the problem may be the result of a misunderstanding, and you may be able to provide evidence to clarify the issue.

Your employer may decide to go directly to their formal disciplinary or dismissal procedures.

Procedures for handling disciplinary and dismissal situations should be in writing, specific and clear. Your employer should make it easily available to you, for example, by giving details in the staff handbook. It should include the rules, what performance and behaviour might lead to disciplinary action, and what action your employer might take.

The revised Acas Code of Practice on disciplinary and grievance procedures sets out the principles of what you and your employer should do to achieve a reasonable standard of behaviour in handling disciplinary or dismissal situations at work. In line with the Acas Code, your employer’s disciplinary procedure is likely to include:

 

• a letter from your employer
  
• a meeting with your employer
  
• being able to appeal your employer’s decision
  

taken from the CAB website. write a letter of appeal, write that as they have not followed any kind of procedure that you are appealing their decision and would like a written reply to your letter within say 14 days to arrange a meeting. making 1st contact through letter may be less daunting than going into the work place and seeing them face to face. if they dont reply to your letter start tribunal action. the fact they have no disciplinary procedure in place will work in your favour

[joannemartin105]

I have just spoken to acas and have been told i have not case for unfair dismissal as not been there 1 year but I can go and see someone about breach of contract

[Ell-enn]

Wait and see if they pay you the notice pay you are due - if they don't then that will be breach of contract.

[andydd]

How brave/brazen/confident are you?

 

Do you think you would be able to carry off simply turning up for work tomorrow, and when this is questioned, acting as if you didn't believe that you were supposed to take that text seriously. You assumed that it was sent by someone who had perhaps had too much to drink. A reasonable assumption in the circumstances because it's hardly sober behaviour for an employer to sack an employee at stupid o'clock becuse they didn't care for the way the employee's partner spoke to their husband on a social occasion.

 

I like that approach ! Makes sense to me.