Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Clarey22
    • By Clarey22 10th Oct 17, 7:20 PM
    • 5Posts
    • 2Thanks
    Clarey22
    Instant dismissal and notice pay
    • #1
    • 10th Oct 17, 7:20 PM
    Instant dismissal and notice pay 10th Oct 17 at 7:20 PM
    Hi, I began working full time at a new company on 21st August but last week I was told to leave immediately when I arrived for work as the manager said I had used the computer to go online and check my personal emails (I admitted and apologised but was still told to go home). Later that day I received an email to say I had been dismissed and would be paid in lieu of notice and any holiday. I never received a formal contract in the 7 weeks I was there but was paid weekly so assume the notice period would be one week. Am I correct to think that I should receive one weeks wages, the wages for the days I worked last week and 3 days owed holiday (based on statutory holiday allowance)? I was only paid half day for the 28th Aug bank holiday in my wages the week after. I will receive my payslip tomorrow so will know what they have processed but want to be sure of what I should receive in case it is different. Thanks for any advice you can provide.
Page 1
    • Diamandis
    • By Diamandis 10th Oct 17, 7:48 PM
    • 28 Posts
    • 57 Thanks
    Diamandis
    • #2
    • 10th Oct 17, 7:48 PM
    • #2
    • 10th Oct 17, 7:48 PM
    Are you being dismissed for gross misconduct? You don't always get paid if so.

    Generally a week would be paid if you're still new to the company.
    • jobbingmusician
    • By jobbingmusician 10th Oct 17, 7:52 PM
    • 18,727 Posts
    • 19,031 Thanks
    jobbingmusician
    • #3
    • 10th Oct 17, 7:52 PM
    • #3
    • 10th Oct 17, 7:52 PM
    Yes, the above is true, but the OP has been told she will be paid notice and holiday. Clarey - yes, the notice period is likely to be 1 week. We obviously can't say with any certainty how much holiday you are owed.
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

    The good folk of the matched betting board are now (I hope!) supporting Macmillan, in memory of Fifigrace. Visit
    https://www.gofundme.com/running-the-leeds-10k-for-macmillan
    • xapprenticex
    • By xapprenticex 10th Oct 17, 8:02 PM
    • 1,236 Posts
    • 1,132 Thanks
    xapprenticex
    • #4
    • 10th Oct 17, 8:02 PM
    • #4
    • 10th Oct 17, 8:02 PM
    They clearly wanted to get rid of you. You using the computers happened to be convenient.

    At least you now know to use company computers for your emails in future.
    • Clarey22
    • By Clarey22 10th Oct 17, 8:02 PM
    • 5 Posts
    • 2 Thanks
    Clarey22
    • #5
    • 10th Oct 17, 8:02 PM
    • #5
    • 10th Oct 17, 8:02 PM
    Guessing it is classed as gross misconduct by them but never had this as an issue in previous roles and didn't receive a contract from them with all t&c, just an email confirming start date, hours and pay. Am calculating the holiday based on statutory amount (20 days plus bank hols) and I didn't have any time off whilst I was there and only received 3.75 hours for the august bank holiday instead of a full day 7.5 hours.
    • jobbingmusician
    • By jobbingmusician 10th Oct 17, 8:35 PM
    • 18,727 Posts
    • 19,031 Thanks
    jobbingmusician
    • #6
    • 10th Oct 17, 8:35 PM
    • #6
    • 10th Oct 17, 8:35 PM
    I think in your situation I would appeal against your dismissal. If you had not been told that personal use of a computer was not allowed, dismissal seems a rather harsh penalty. However, in your position, I would not be appealing in order to get reinstatement. What I would want is an acknowledgement that I was dismissed for an honest mistake, and for this to be reflected in any reference.

    I haven't been employed anywhere where personal use of the internet is forbidden (during lunch breaks) for a VERY long time, so would not expect this restriction if I hadn't been told about it. Hence my sympathy!
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

    The good folk of the matched betting board are now (I hope!) supporting Macmillan, in memory of Fifigrace. Visit
    https://www.gofundme.com/running-the-leeds-10k-for-macmillan
    • xapprenticex
    • By xapprenticex 10th Oct 17, 8:42 PM
    • 1,236 Posts
    • 1,132 Thanks
    xapprenticex
    • #7
    • 10th Oct 17, 8:42 PM
    • #7
    • 10th Oct 17, 8:42 PM
    Most companies see using the internet during lunch to check the news or football and accessing your emails (where many viruses come from) to be VERY different things. Especially if they take their security seriously.
    • Clarey22
    • By Clarey22 10th Oct 17, 8:44 PM
    • 5 Posts
    • 2 Thanks
    Clarey22
    • #8
    • 10th Oct 17, 8:44 PM
    • #8
    • 10th Oct 17, 8:44 PM
    Thank you. At first I thought I was getting a telling off/warning as never been an issue with other places, so was surprised to be told to leave but didn't challenge it as hadnt been enjoying it there tbh. Don't really want to have any more contact with them but if my final pay is wrong I will have to and wanted to make sure I have my facts straight first!
    • Clarey22
    • By Clarey22 10th Oct 17, 8:47 PM
    • 5 Posts
    • 2 Thanks
    Clarey22
    • #9
    • 10th Oct 17, 8:47 PM
    • #9
    • 10th Oct 17, 8:47 PM
    Ive certainly learnt the hard way and wont be making the same mistake at my next job ��
    • hyubh
    • By hyubh 10th Oct 17, 9:14 PM
    • 1,906 Posts
    • 1,428 Thanks
    hyubh
    Most companies see using the internet during lunch to check the news or football and accessing your emails (where many viruses come from) to be VERY different things. Especially if they take their security seriously.
    Originally posted by xapprenticex
    Why? If an ability to browse to gmail.com is a 'security' issue, the company is well lost on the matter (I can understand blocking it for the same reason Facebook might be blocked however).
    • xapprenticex
    • By xapprenticex 10th Oct 17, 10:05 PM
    • 1,236 Posts
    • 1,132 Thanks
    xapprenticex
    Why? If an ability to browse to gmail.com is a 'security' issue, the company is well lost on the matter (I can understand blocking it for the same reason Facebook might be blocked however).
    Originally posted by hyubh

    Nobody mentioned gmail.com.

    Sounds like you're well lost too

    • TELLIT01
    • By TELLIT01 10th Oct 17, 10:17 PM
    • 3,935 Posts
    • 4,014 Thanks
    TELLIT01
    Most places I worked blocked access to any mail servers due to the risk of downloading viruses. It would be utterly pointless trying to appeal against dismissal when they had only been employed there for a few weeks. They have very few employment rights.
    • Mupette
    • By Mupette 10th Oct 17, 10:24 PM
    • 4,214 Posts
    • 6,923 Thanks
    Mupette
    we have social media and online emails blocked.

    Rule one just because you could in a previous job, never assume it's ok in every job.

    Rule two, remember rule one.

    GNU
    Terry Pratchett
    ((((Ripples))))

    • iammumtoone
    • By iammumtoone 10th Oct 17, 10:35 PM
    • 5,036 Posts
    • 10,272 Thanks
    iammumtoone
    I think that is harsh especially as you haven't received any formal company policy on this, but as you have found out better to avoid everything until you know the situation.

    Our company policy is you are allowed to view for personal use as long as this is only occasionally, however you can't view much as the security is set so blocks a lot of pages, even genuine work related ones.
    • xapprenticex
    • By xapprenticex 10th Oct 17, 10:39 PM
    • 1,236 Posts
    • 1,132 Thanks
    xapprenticex
    Most places I worked blocked access to any mail servers due to the risk of downloading viruses.
    Originally posted by TELLIT01
    I couldn't bring myself to spell it out to the other chap who somehow managed to perceive an argument along the lines of gmail.com being a security threat.

    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 10th Oct 17, 11:34 PM
    • 2,862 Posts
    • 1,501 Thanks
    keepcalmandstayoutofdebt
    Well we have a relaxed policy to the extent people are allowed to have personal mobiles on desk in full view during working hours - clearly we have viewable only access to some sites when it comes to the net, no logging in! though I was gobsmacked enough when it was suggested I just sit at desk with own device/iPad on the quiet days, wondering quite what a risk that was of it's own making.

    Just goes to show as a previous employer absolutely restricted any access so temptation was never there (regardless of whether it was someone's lunch break) and on entering work place, you were expected to even remove wearable technology or be disciplined if caught after entry, rightly so as it was handling customer data which makes the above quite a luxury. Even then I wouldn't be encouraged to be checking personal emails on a works computer.

    Sounds like OP was best out of there. Only visit sites you would be happy for the boss to reveal out loud is the motto I go by should one be in a company that hasn't turned off t'net.
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • steampowered
    • By steampowered 11th Oct 17, 12:52 AM
    • 1,788 Posts
    • 1,693 Thanks
    steampowered
    Guessing it is classed as gross misconduct by them
    Originally posted by Clarey22
    'Gross misconduct' is a legal term with a specific meaning - in short it means deliberately or recklessly doing something extremely bad.

    I cannot see how checking your personal emails could be seen as gross misconduct. Especially if you hadn't been advised not to do this.

    You are fully entitled to get paid your 1 week notice period (or any longer notice period stated in your contract).

    While employers are entitled to dismiss for any reason (with notice) during the first two years, dismissing someone on the spot for a minor infraction like checking their emails is ridiculous. I wouldn't take it to heart or let it stress you. You wouldn't want to work for an employer like that anyway.
    • Clarey22
    • By Clarey22 11th Oct 17, 10:57 AM
    • 5 Posts
    • 2 Thanks
    Clarey22
    I have just received my payslip and they have not included the notice pay, only hours for the days worked last week and owed holiday. I have sent an email to query as my dismissal email clearly states I will be paid in lieu of notice along with outstanding holiday. Guess I just have to watch this space now.....
    • Undervalued
    • By Undervalued 11th Oct 17, 5:04 PM
    • 3,151 Posts
    • 2,866 Thanks
    Undervalued
    I have just received my payslip and they have not included the notice pay, only hours for the days worked last week and owed holiday. I have sent an email to query as my dismissal email clearly states I will be paid in lieu of notice along with outstanding holiday. Guess I just have to watch this space now.....
    Originally posted by Clarey22
    If they have said that then they will have to stick to it.

    If it were gross misconduct then you would not be entitled to notice pay but even then they would have to pay accrued holiday.

    As Steampowered has said it is unlikely a tribunal would uphold this as gross misconduct so, if need be, you could make a claim for wrongful dismissal to recover the notice pay. Unlike unfair dismissal, there is no two year qualifying period for a wrongful dismissal claim.
    • anamenottaken
    • By anamenottaken 11th Oct 17, 8:58 PM
    • 3,990 Posts
    • 3,434 Thanks
    anamenottaken
    . . . . I never received a formal contract in the 7 weeks I was there but was paid weekly so assume the notice period would be one week. . . . .
    Originally posted by Clarey22
    Without anything in writing giving you entitlement to more, you would be due statutory notice which, for someone with more than a month's employment but less than two full years, would be one week.

    The frequency of paying makes no difference. If you had been paid monthly it would still be one week's notice which would be due.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

105Posts Today

2,394Users online

Martin's Twitter