Dismissed, no notice.

[NotMyRealName.com]

Hi all,

 

I was dismissed from my employment at 4 pm today after a 5 minutes Zoom meeting with the boss. I have been working with my employer since the 2nd week of August. I signed a "Terms and Conditions of Employment" document that states my notice must be 1 month. 

 

I got called to a Zoom meeting at five minutes to 4 pm. When I logged in, my boss and man from HR, was there. My boss said they were not happy with my Facebook account and that I was being dismissed. I protested that I didn't really post on Facebook, as I'm a 62-year-old woman, going on it is not big in my life. I put happy birthdays and like photos of my grandsons my daughters put on there, but that is it. I posted twice in the last four months. He would not accept anything I said to him. I asked for evidence, he just said "********, you know what you did. I will pay you a weeks notice, as an act of goodwill if I don't project too much". 

 

What do I do? It took me years to work up to my dream role and the boss just wanted to get me out? At my age, I won't get another job paying double the NLW. I don't know how to tell my husband!  

[Ethel Street]

Sorry to hear that @NotMyRealName.com  

 

Tagging @Emmzzi who is very knowledgeable about this.

 

Did your boss state that the dismissal was for "Gross Misconduct"?  Has it been confirmed in writing yet? Were you told whether you had a right of appeal?

 

Did your boss give examples of what Facebook posts he wasn't happy with? 

 

Did any post on your Facebook account say what company you have been working for since August? Have you posted anything that mentions your employer? "You know what you did" suggests  that it should be obvious to you what the boss is unhappy about. Do you have a good idea what it might be?

 

Sadly for your situation employees with less than two years service have limited rights but hopefully one of the employment experts can offer some suggestions.

 

[NotMyRealName.com]

Thank you for such a fast reply hun. 

 

My letter only "confirms your employment ends", I can only assume it is Gross misconduct. That was what he inferred to me verbally. The staff book says there is the right to an appeal and that I was supposed to have had notice of the meeting, had the opportunity of notice before I was supposed to had a hearing. 

 

I ask with respect to the notice as Christmas is coming and it does say " Your notice period is one month". 

[Ethel Street]

The reason I asked if they had specified "Gross Misconduct" is because if you are dismissed for Gross Misconduct you can be dismissed without notice (and without pay in lieu of notice).

 

It doesn't sound as if they followed correct procedure (eg no appeal) BUT unfortunately, as I said earlier, under employment law if you have only been employed by that company for less than 3 months there is little you can do if you are unfairly dismissed or procedure wasn't followed. 

 

Let's see what others here think. I'm afraid my view is that because you have been there such a short time there is nothing you can do about this.

[fkofilee]

Also as well based upon your start date - I suspect a probation period. It could be that they figured you failed it in someway, whether its justified or not IDK.

Maybe they did you under that. Youll find something, we do land on our feet at the weirdest of times!

[Emmzzi]

I agree with Ethel; probably no right of appeal this early in your employment. Check your contract to see if your notice period is different during your probationary period.

[NotMyRealName.com]

My contract states no probationary period, notice of "one month on either side".  My contract is a two-page document one would normally see a contractor sign (that's how I have typically worked for years, before IR35 was made so difficult),

 

It states "Your employment shall commence on XXXXXXX",

Notice "one month on either side"

Pay .........

 

Then they usual, hours, pay day, place of work. 

 

There's no trial/probationary period, this was negotiated away be the former HR Director who left a few weeks ago,. 

 

To be honest, a guaranteed good reference and paid the month would be the outcome I want. 

 

Any help would be gratefully received.