Worked selling used cars but was Dismissed for being too old & set in my ways.

[Hanny2104]

http://www.consumeractiongroup.co.uk/forum/showthread.php?462727-Can-I-be-sacked-whilst-on-probation&p=4888755#post4888755

Hi

 

I really hope someone can advise me because I am so worried and stressed out.

 

I have worked for a company for 4 years, but for the first 3 years with an in house agency, and almost a year ago I was given a contract, with 2 YEARS probation period. Which is apparently standard for this company.

 

I was off sick in Oct last year due to flu. I am off sick again now due to severe stomach problems that I would rather not go into but my doctor has signed me off work for 2 weeks. I am on annual leave at the beginning of next week for 2 weeks. All being well I am due to go back to work on the 29th April.

 

I have had no contact from my employer only from a manager/"friend" through facebook who has messaged me several times now saying I need to contact work because they want to arrange a site visit. Pretty common I think when there is extended period of absence. Apparently they don't have my number, which I find highly unlikely, and they have my work email which they know I can access from home. I have tried calling our attendance manager on 4 occasions over the last 2 days but there is no answer and you can't leave a message.

 

I have a horrible feeling they want me in before my annual leave starts, so they can sack me, meaning they wont be obliged to pay me 2 weeks holiday pay?

 

I also earn a bonus, can they with hold this?

 

Should I be contacted through unofficial channels such as facebook?

 

Do I have to attend a site visit?

 

And ultimately, can they sack me?

 

Thanks

Ash

 

A 2-yr probation period is unheard of.

 

 

Additionally all employees have an entitlement of sickness absence accounted for.

 

 

I do not believe a two-week sickness absence in Oct 2015 and a further 2-week sickness absence in March 2016 can lead to a dismissal.

 

 

They can and may discipline you for absence periods.

 

 

You say you had no contact from your employer?

 

 

Did you not contact them advising them you would be off sick? Employers have a duty of care so if you are sick they can insist you attend an independent doctor for assessment.

No biggie if your genuinely off sick and is normal practice from employers.

 

 

You should only be contacted in a formal professional manner.

Its unusual that you have been unable to contact the attendance manager.

Will your employer believe you tried on four occasions but could not speak to anyone.

You are responsible for keeping your employer up to date, failure to do so can result in dismissal.

 

 

You do not need to attend the workplace for a site visit,

you can have staff visit you at home or in a close location.

Its a hope you are well meeting.

Its unlikely they would withhold a bonus payment but if from the employers perspective it appears you have made no effort in keeping them informed of your health issues they may be able to give you problems, warnings etc.

 

 

I do not think they would have the right grounds to terminate your employment.

Good luck. If I was you I would be at the workplace Monday morning demanding to see the attendance manager to resolve and put your mind at rest. But that's just me buddy

[Hanny2104]

Unbelievable, absolutely stunned.

 

 

Started a job in a Garage Forecourt with no previous experience,

business owner liked me and offered me adhoc jobs.

 

 

Putting price boards on vehicles, printing marketing boards, mounting them

and placing them inside vehicles.checking forecourt cars had fuel, battery was fineand car would start.

 

 

Buying fuel and topping up cars after test drives, jump stating cars with flat batteries, pumping flat tyres, taking them for replacement part work tyre. Taking cars to garages for repair, touch up etc.

 

 

Also answering telephone calls, emails enquiries, booking services and MOT's.

Meeting and greeting customers by appointment and if dropping into forecourt.

 

 

Was told I could try selling used cars.

From 22/01/2016 - 25/03/2016 I had managed to sell 15 cars, lowest value was £600

and most expensive was Porsche £7995.

 

 

I had never been told how to sell cars or had a list of do's or don'ts.

It did not make my colleagues happy and not once did anyone say "well done or good job".

I wasn't sure what to make of it but persevered believing it would come good.

 

 

In beginning of March a new forecourt manager was appointed and I would work directly with him.

He was allegedly very experienced in the car sales industry but I felt his attitude

and manner towards customers, suppliers and other staff was quite derogatory.

 

 

He was lacking in patience and barked his commands.

He actually said that as he always said please and thank you that he never made demands was always polite.

 

 

On the Friday of his 2nd week employed and was my 9th week employed he took me into the office.

He said he was sorry but things were not working out and he was finishing my probationary period that day.

Said i was not my fault, I was too nice for the cut throat nature of the job.

 

 

I was too old and set in my ways, too slow reversing cars into a packed lot.

He needed someone 25yrs of age who would learn the job faster.

 

 

I could gather my things and finish up. He offered his hand wishing me the very best in my future career.

He assured me I would be paid fully for anything I was due.

It has been three weeks and I have still not received my letter terminating my employment along with my P45.

 

 

The letter will not say I was too old and I have no witness,

is it still worth taking the situation to ACAS for some type of investigation.

 

 

I am furious and feel used and abused.

I was underpaid in hours worked, not paid all commission on sales, no idea of my notice period or holiday entitlement.

 

 

What does anyone suggest?

I am not sure how to progress the matter and do not simply want to let it go.

[ericsbrother]

as you were employed for less than 2 years it will be difficult to get anywhere with a tribunal as the compny certainly wont be saying that you are too old for the job. As they dismissed you without notice then you should receive an etra week's pay in lieu of notice and also accrued holiday pay, which will be approx 12% of your earnings over the 9 weeks so about another weeks pay.

Write to the company owner asking for you last weeks pay and thse other payemnts along with your P45 to be received in the next 7 days or you will take legal action to recover said monies. The small claims court is cheaper better and quicker for this matter and give the employer less opportunity to argue and delay.

[Hanny2104]

Hi ericsbrother, thanks for responding to my post. I know I am basically shafted but want to attemp to get back at them. How dare they treat me like a daftie.

 

Cheers buddy

[ericsbrother]

nice formal letter so they cant ignore it.

[donarebun]

Hi,

 

obviously he is going to deny that statement "you are too old" but it can be seen in other ways eg who else was laid off and who did they bring in.

 

First ask for your letter of termination and all the monies owned including your bonus.

 

Then give it sometime maybe another month then go to ACAS so as to stop the time (remember 3 months less one day for the Tribunal).

 

While at ACAS make a pre-action disclosure request for the age of your replacement (I strongly believe they are going to ignore it).

 

There are so many ways this could play out so you need to be at the top of your game and challenge every statement they make because they will make very reasonable statements which in reality aren't true.

 

But you really need to wait a bit so that they get in your replacement so you have your proof. (remember the time limit though)

[Hanny2104]

Have you been reading my mind lol. This is my exact plan.

 

 

I am pursuing my dismissal letter and P45.

Final wages, time in lieu, holidays and bonus not paid.

 

 

Once that is settled I will know when they have my replacement. T

hey are a local business and only 2 miles or so from where I live.

 

 

Should be easy to keep an eye on them.

Once replacement is working I can have photo's taken and will get his name and actual start date from someone.

I will take my entire case to ACAS and hopefully they will back me all the way.

 

What has disgusted me most was the job I had applied for was given to another applicant.

Business owner invited me for a drink to discuss the matter.

 

 

We chatted for a while and he then said that he had a load of jobs needing done that

I could do for minimum wage but would give me an income for a period of time.

 

 

I agreed to the three month probation, doing what he told me, moving cars, going to garages etc.

At no point was I ever told I was doing anything badly so simply assumed I was doing a decent job.

 

 

In the middle of week 2 I had a job offer from a different company who interviewed me.

The business owner was aware I was waiting for the call and was with me when it came and he should then have indicated /influenced my decision.

 

 

He made no comment and I decided to stay as I really enjoyed my duties. By approx week 5 realisation kicked in and I knew I made the wrong choice.

 

 

The staff acted differently towards me and would talk in private.

I could feel it coming when the new forecourt manager started.

I then understood that neither the owner or senior manager didn't have the testicular fortitude

to tell me to my face they didn't wish to continue my time in work

and that responsibility was allocated to the new manager. I

 

 

n my opinion they are all responsible,they could have been honest with me and treated me fairly,

instead they wasted 9 weeks of my time working long hours for minimum wage with no long term prospects.

 

 

They left me long enough that I had nothing else lined up, placed me back on benefits

and I endured the humiliation of being told that after 9-weeks on the job experience I was still not competent enough,

I was too old and was being replaced by someone half my age.

 

 

That is unforgivable and I will get satisfaction legally.

[Hanny2104]

Thank you for your comments.

I will update the thread as it happens.

[donarebun]

No need to take picture (you could break privacy laws here; I really don't know much of that)

 

Once s/he is in, you could request confirmation and the age (but not the name: Data Protection Law)

 

They may or may not give you but you could bring a case then in the Tribunal

 

But always remember the time limit for the Tribunal (3 months less one day)

[Hanny2104]

Thank you

[steampowered]

As you have more than one month's service you do, at least, have the right to receive one week's notice (regardless of whether you were on probation or not).