Sacked because my girlfriend has cancer and I took time off to attend appointments with her

[running annie]

Do I have a case for unfair dismissal? Please help

Sacked because I have taken time off recently because my partner has been diagnosed with Cancer. I have needed to support her emotionally not only attending appointments I have Crohn's disease that is affected by stress I also have had days off due to this.

I have been sacked without warning over the phone do I have a case?

[SabreSheep]

Sorry to hear about what has happened. This is obviously a challenging time for you.

 

We need more information in order to offer our point of view..

 

1) How long have you worked for the employer

 

2) What type of contract did you have

 

I have a feeling to be treated in the manner you describe that your prob on a zero hour contract OR have less than 2 years service.

[running annie]

I have worked for the firm just over a year but I have never been unemployed since leaving school iam am 32.

 

I have never been provided with a written contract I left my previous job to go there. The friday before I started I went to the main yard (main company site)handed the owner/boss my tickets CPCS Card he gave me van keys said start Monday

[stu007]

Hi running annie

 

welcome to CAG please be patient the caggers will be along to assist you.

 

You have worked for the company for just over one year and have never been provided with a written contract.

 

Did you mention your medical condition to the employer at start of employment or when you became aware of the condition?

 

Have you asked in writing for a copy of your employment contract?

 

Do you recieve payslips with tax and Ni deductions?

[running annie]

I have never been given a written contract I have never been asked to sign any contract.

 

I manage my medical condition with medication it inflamed by stress I have been forced to take days off owing to this. My diagnosis was several years ago my employer is aware but it is not something Iam comfortable disgusting especially in the building trade

 

I have not asked for a copy of my contract no if I do this in writing now is there a legal duty to provide me with it or can they refuse because iv been sacked?

 

I get wageslips weekly yes I pay tax & NI deductions these are shown on my wageslips

[becky2585]

Regardless of your length of service, if you were dismissed because you sought to take dependent leave and/or because of your association with a disabled person (your girlfriend is legally disabled, and if she is dependent upon you then this may apply), you could have an automatically unfair dismissal claim (no length of service required). It depends on the reason for and length of the absences and how you communicated this with your employer.

 

I am not saying this definitely applies to you based on the limited facts, but it would be worth seeking legal advice.

[goodatresearch]

Employers don't have to provide a written contract. However they do have to supply a Statement of Terms within 6 weeks if starting.

 

 

 

I have never been given a written contract I have never been asked to sign any contract.

 

I manage my medical condition with medication it inflamed by stress I have been forced to take days off owing to this. My diagnosis was several years ago my employer is aware but it is not something Iam comfortable disgusting especially in the building trade

 

I have not asked for a copy of my contract no if I do this in writing now is there a legal duty to provide me with it or can they refuse because iv been sacked?

 

I get wageslips weekly yes I pay tax & NI deductions these are shown on my wageslips

[steampowered]

Did you get a week's notice or notice pay at all? You should get at least that.

[running annie]

Did you get a week's notice or notice pay at all? You should get at least that.

 

No I have not received either

[steampowered]

No I have not received either

 

In that case, I would ask for it in writing - either by letter or email. As you have more than a month's continuous employment you should have received a week's notice.

[running annie]

I have made several attempts to get my job back I have written to my former employer but he won't budge.

I don't have a contract or any written terms & conditions I have worked there 12months there are no written procedures I was sackd over the phone no notice of dismissal I have not received any holiday pay nor notice pay

I have tried my best to get my boss to reconsider but he refuses.

 

What should I do? Please PM me if necessary i think I need to see a solicitor in manchester

 

It is affecting me now as well as the fact my fiancée has CANCER I don't know what to do iam the sole earner I'm really worried about how we are going to pay our bills

[Emmzzi]

Going to court over this will take a very long time, and be stressful.

 

I would go to the CAB for a benefits check, and look for a job elsewhere.

 

I would also seek advice from a charity like MacMillan who are experts in this area

 

http://www.macmillan.org.uk/HowWeCanHelp/HowWeCanHelp.aspx

[becky2585]

I have made several attempts to get my job back I have written to my former employer but he won't budge.

I don't have a contract or any written terms & conditions I have worked there 12months there are no written procedures I was sackd over the phone no notice of dismissal I have not received any holiday pay nor notice pay

I have tried my best to get my boss to reconsider but he refuses.

 

What should I do? Please PM me if necessary i think I need to see a solicitor in manchester

 

It is affecting me now as well as the fact my fiancée has CANCER I don't know what to do iam the sole earner I'm really worried about how we are going to pay our bills

 

As I said previously, you could have a claim. Seek legal advice sooner rather than later so you don't miss the limitation deadline of three months (you must contact ACAS first, but you should secure an extension to the three months once you do).

 

And as Emmzzi says, think practically in the meantime - get claiming any benefits you're entitled to and try and find work, even part time, that you can manage.

[SabreSheep]

Regardless of your length of service, if you were dismissed because you sought to take dependent leave and/or because of your association with a disabled person (your girlfriend is legally disabled, and if she is dependent upon you then this may apply), you could have an automatically unfair dismissal claim (no length of service required). It depends on the reason for and length of the absences and how you communicated this with your employer.

 

I am not saying this definitely applies to you based on the limited facts, but it would be worth seeking legal advice.

 

Not sure it woudl actually be unfair dismissal. That still requires a 2 year service period.

 

HOWEVER

 

The point you are arguing is potentially valid and would instead be argued as a breach under the single equality act. IN short, disabilty discriimination (As a result of an association with a disabled person)

[steampowered]

A county court claim against the employer for unpaid notice pay and holiday pay is quite straightforward and worth doing if the employer won't cooperate. Note that YOU have to do the calculations - the court won't do it for you.

[becky2585]

Not sure it woudl actually be unfair dismissal. That still requires a 2 year service period.

 

HOWEVER

 

The point you are arguing is potentially valid and would instead be argued as a breach under the single equality act. IN short, disabilty discriimination (As a result of an association with a disabled person)

 

My point is certainly valid.

 

If you are unfairly dismissed as a result of your association with a disabled person then the dismissal is automatically unfair under the Equality Act 2010. There is no 2 year service requirement to bring such a claim. Hence why the OP should seek legal advice.