unfair dismissal??

[Binxy2]

hello everyone. Still quite new to this but really do need some advice. My husband had his employment of over 20yrs terminated today without any warnings. The reason being that he has had too many odd days off. Can they do this??? Yes he has had quite a few days off as we have had a very difficult year. We lost his dad a year ago and now my dad has been diagnosed with terminal cancerwhich jas left my husband depressed. He has had no holidays as they are always declined his employer saying people off already so he can't have them. He hasn't had a holiday in over a year. Just wondering where we stand with this and what do we do financially as we have never had benifits and really don't know where to start. Any advice will be very appreciated.

[becky2585]

Is he an employee, rather than self employed?

 

If an employee, he's almost certainly been unfairly dismissed and could have a significant claim for holiday pay too. So no, they can't just dismiss on the spot!

 

I would say find a local lawyer and try to get a free consultation for more detailed advice.

[Binxy2]

Thankyou yes he is an employee. Contacted a soliciter but no appt till next week. Just wondering what we do till then having 3 children to provide for youngest only 7 months old.

[Atlas01]

Were these holiday verbally requested or in writing especially when he came up losing his leave?

Did he raise any concerns (that can be proven) about it or can they argue he simply didn't ask

 

That said it's probably illegal under the working time directive if he requested leave with the correct notice

Also are the employers going to pay his leave up as part of his dismissal

 

What are the company's policies, does he have a copy, is there a paper trial of meetings or was he sacked on the spot as you indicate?

 

As far as the sickness, yes many people are dismissed for sickness/medical incapacity/capability (there are many terms) but this should be done under a disciplinary process where he is formally warned that is absence is of concern and he must improve it first.

 

To be blunt about this a day here and there is the worst form of absence for employers and is seen that way in law as they can argue multiple disruptions and no time to plan or replace.

 

There must be more background here i'd guess, most important thing at the moment is does he intent to appeal the decision.

[dmlferguson]

I would prepare a letter to the company asking for an appeal of the decision.

 

Have you had the dismissal confirmed in writing yet?

[Binxy2]

His employer didn't do anything by the book. When holiday was requested it was done in writing but don't think employer keeps any of it. He was giving no warning just told his employment was terminated and to leave the premises immediatly. As for company policies he has never had any written contract or policies from his employer.To tell the truth there is alot of other things that they do wrong eg when husband was being bullied at work was told to stop moaning and get on with it when he tried to make a complaint. Going to be telling the soliciter everything that has being happening as its not helping with his depression. He has always been a hard worker and this has come as such a hit for him.

[honeybee13]

Hello there.

 

I'm really sorry to hear about your problems. You're in good hands with the guys here and I'm sure we can help you.

 

Do you have anything in writing from the company in case you need it later?

 

My best, HB

[Binxy2]

No we have nothing in writing yet

[Bandit127]

How many people work in this company?

What was his position?

 

What was the position of the person that "terminated" him? I would call the person at the top tomorrow saying his contract has been terminated only verbally and with no notice - is this true and can they conform in writing?

 

Also - get him to write as much down from today as he can remember on some paper. Get him to date and sign it. Just in case they do not provide anything in writing...

[dmlferguson]

Definitely get a diary of events going now. If he's not feeling up to it yet, ask him to talk it through with you and you get the diary of events down as best as possible. Add to it, as and when new information comes to light.

 

Calling tomorrow may be a good idea but if your husband is not up to it, get a letter out asking for them to confirm his employment status, there policies and procedures and their appeal procedure. Recorded delivery, so you have proof. Best of luck