Fired suddenly with no reason

[Out_of_work]

Hello everybody. Thanks for being here. I'm at my wits end at the moment. [edit: sorry this has turned out abit long, but i think it's relevant information.]

 

After nearly a year out fo work, i finally managed to gain employment as a projectionist and supervisor at my local cinema. It was the place that I did want to work ideally, and after so long with worry, was so glad I got a job there of all places.

 

A week after I started, the manager announced he was leaving for another job, and left myself and the other supervisor in charge. The Operations Manager who oversees all the sites decided we weren't going to get another 'official' manager as it cost too much, and we had the responsibilites of running the place.

 

Needless to say there were a few problems as neither of us were clued up on all the protocols, proceedures and duties that the managerial role entailed. All things considered,, we were doing a very good job, and I started making some headway with getting a number of small improvements made to the site. I got on with all the staff, did my job well and was generally liking it, other than the often excesively long work weeks, which could clock up in region of 60+ hours, with 13hr days, due to us being understaffed.

 

The operations manager popped in one day on his occasional visits and decided that we weren't doing good enough and was 'very disappointed' with us. He decided to bring a manager in from another branch to train us up in what we didn't know. That was where the probelms started.

 

AT first things were going very well, we were filling in our training gaps, but as it wnet on, the Trainer got progressively unpleasant. He seemed to think that we should somehow, presumably by some kind of magical psychic powers or something, know absolutely everything already. He got a lot worse with me for some reason, and it got to a point where he seemd to be sifting through everything to nitpick problems and always blame me for it without even checking into see if I was even working that day. It also got to a point where he progressively overstepped the mark and started taking over running the place as he saw fit. He came from a considerably larger cinema, with more staff and facilites, and what he tried to apply to us (bringing usher/till/cleaning staff in later than we did etc) just didn't work. We were opening too late, projectors wer'ent up and running on time, we weren;t getting relevant jobs done becuase he was hogging the office PC in his endless search for things to cause trouble about and he was continually abrupt and rude with me.

 

By this time I have been working there for 3 months. Things came to a head on Monday when he walked into the kiosk area wile we were setting up, and picked up the food hygeine diary and accused me of not filling in for the day before. I told him that I had, to which he threw it to me and asked where it was then. I flicked it over th the relavant page, and he saw it, got in a huff, then decided to say it was on the wrong page, and point out another page for me, which would have thrown the entire thing out of it's progressive chronological order, and made a total mess of it. He seemed more annoyed that I had actually done it right, than that I'd got it wrong. There were other things along this vein prior to this. But on this occassion I got rather noticeably angry myself at the constant badering and sifting to casue me trouble. There had been 4 weeks of this by now. By this time my stress and anxiety levels were going through the roof every time he was there.

 

One of the other problems we were all having with him was his attitude towards the staff rota as well. Firstly he never should have touched it in the first place. ut he went straight in with no discussion with anybody, and expected his choices to 'be law'. Unfortunately for me, I am somehwat ill at the moment, with a recurring painful problem that I have finally got correctly diagnosed. I am going to need an operation. He put me in for a day to work when I have to be at the hospital. The other supervisor and myself had already sorted out about me doing this, and there were no problems. He would do that day, I would do the next. But the Trainer got really aggrivated about this, as it went against what he did.

 

I didn't work Tuesday. On Wednesday we were both scheduled in at 1.30. He did not arrive, so I went up to projection to get a few things done. he finally turned up just after 2. Shortly after we opened too late at 3.30 (and with him messing up the tills as part of it) he called me into the office. Then told me that he had discussed thigns with the Operations manager, and that I was being 'let go' with 1 weeks' notice. Also that I did not need to work the extra week. He took my keys off me and threw me out there and then. I was not given any reason for it.

I made a call to somebody else in the company I trusted a bit more, in total confusion and shock, and found something out. It turned out that there was a new manager due after all. A man who'd run a big cinema for another chain. It had apparently been planned for weeks that he was starting on Friday this week, but for some reason it had been kept from all of us at the Cinema. I get thrown out on the my last dya's work before he is due to come. Co-incidence?

 

I've been dragged through the mud here. I've been singled out and blamed for anything that goes wrong, made a scapegoat, and found myself wihtout any income.

 

Surely this can't be legal, doing this? If I was doing anything seriously wrong, surely I should have had a written warnning or something beforehand? As I've only been there for 3 months, I don't think I have many rights for unfair dismissal, but was hoping that somebody here would have some knowledge of some course of action I could take.

 

Thanks very much for any help.

[MegaCraggy]

maybe you could do something under harassment and discrimination (bullying) have a look on the CAB ADVICE GUIDE. basic rights at work.

i cannot say you can do something, this site should give you some idea.

 

http://www.adviceguide.org.uk

[DanscoCAB]

Yeah I agree with Megacraggy, sounds like a case of bullying/harassment! Have a look at Grievences too.

 

You haven't been there long enough for unfair dismissal but I would kick as much stink as possible with the head office. Also think about popping into your Local CAB or ringing Adviceline 08444 111444

[Out_of_work]

Thanks for the advice and help. I've been chatting with a couple of people and the more we put things together, it seems like a planned set-up.

The way that the 'Trainer' scoured through the computer looking so hard to find something that I'd done wrong. Him getting angry at me for supposedly not getting it right, then being twice as angry when I showed him I'd done it right, as it meant he'd failed in finding a reason to get rid of me. All of this leading up to when the new Manager (who'd been planned for weeks apparently, and kept from us)starts tomorrow. By the end of his 4 weeks here, the trainer seems to have found nothing of any value to get rid of me, so I expect some kind of extreme and silly accusation on the eventual letter I get from HR.

 

In the meantime I found a page on CAB about stress at work which has a relevance to the situation. The stress levels that were deliberately imposed on me by the Trainer, on top of the stress from the 13 hours days, 60+ hour weeks could be applicable here. I have ended up on Citralopram anti-depressant from ny doctor to try and cope with the situation

[Out_of_work]

I've been speaking to a solicitor this morning, and there's nthing I can do about it. Whetever was their reason behind it, genuine or not, it would still have to be tied into an unfiar dismissal claim, and that's not something I can do at under 12 months work.

[DanscoCAB]

Don't stop there just as a solicitor says so. Go and see your local CAB or call them. If they say there is nothing to do then there probably is but give them a go

[RachelMD]

Did you receive a written statement of particulars of employment from this employer?

If so, what did it state was the notice you were entitled to, and was there provision for pay in lieu of notice?

Were you paid for all the hours you were working, or did your salary when divided by your working hours meet the NMW?

[Bluestar_Galaxy]

they can get rid of you with little notice and no reason under three months (i think?) but 13 hour days are drfinatly on and a breach of working time regulations...

[assisted blonde]

Unless you have signed an agreement to opt out of the WTD.

[becky2585]

The solicitor is right, unfortunately however badly your employer behaved, there probably isn't any legal recourse in this situation. Best trying to concentrate on finding another job!

[Out_of_work]

It looks like there is a possible avenue here, in that the dismissal may have broken the law under this: section 10 of the Employment Relations Act provides the right to a representative at a disciplinary meeting. it has been, and can be argued that dismissing someone in such a way that they are unable to get representation (i.e. saying you are sacked get lost) can be argued to breach that right and at least get a few extra weeks pay out of an employer who has acted unreasonably and you might have the tribunal's sympathy.

And also that I did not receive any kind of warning as to wrongdoing on my part.

[becky2585]

That still doesn't alter the fact that you have no legal remedy before attaining 12 months' service.

 

The dismissal may have been unfair, but it isn't actionable in law.

[Out_of_work]

so its not a viable course then?

[becky2585]

It doesn't hold any weight legally but if they dont have legal representation, it could be sufficient to scare them into paying you a little extra. Don't get your hopes up, though!

[Out_of_work]

Sorry to bring this up again, but things have taken a bit of a different turn.

People who I worked with at the Cinema have also been 'blanking me' and de-friending me on Facebook. I didn;t do anything wrong while working at the Cinema, and was on very good speaking terms with everybody.

It's all very weird and too uniform. I've got a horrible feeling that the Operations Manager who get me removed to make way for a new manager from another Cinema has told them some rather excessive lies to justify the abrupt manner in which I was thrown out. Is this something that's classifiable as Deformation of Character? It's all very unpleasant and upsetting. All i wanted was a job, and I ended up with all this misery.

[honeybee13]

Hello there. I'm sorry you're having it tough.

 

Defamation is not the way to go unless you have vast sums to pay your legal fees with. Legal aid isn't available for this sort of case and from memory you would have to go to the high court. I think last time this was mentioned, someone said the legal fees would start at around £10,000.

 

I don't know if the guys will have some other suggestions for you.

 

My best, HB

[becky2585]

HB is right, unfortunately.

[assisted blonde]

No chance on defamation, as for FB dont worry about it, it s a stupid social networking site that causes more problems for people than enough.