hubby has just been sacked

carla40

:mad: i am so angry, my OH has been working for a company for 7 months, since day 1 he has been picked on by one of the workers (who is the boss when the big boss is not there), he has told the boss about it but all he said was that he didn't take sides,
Last week he was lifting something at work and he pulled his back, he went to the doctors on monday and she has put him on the sick for a week, she wanted him to have two weeks off but he said he couldn't afford it,
Now his boss has just been round to the house and told him that he has never fitted in at work and that he dosen't want him to go back :mad: . we have rang acas and they said that they can do this because he hasn't been working there for a year.
Sorry about the rant but we are so annoyed that they can get away with how he has been treated :mad:

Pee

I'm really sorry to hear that.
Does he still have a right to a certain notice period? Does he have a claim against the company for his back injury?
It does sound to me like he will be better off away from that environment.
Good luck to him in finding a new job, which i hope will be much better.

generaloneill

Ask if he has been through the safe working practices for Manual Handling, if he has and he has signed of on these SWPs then he doesnt have much of a claim. Did he put the accident in the accident book also? And if not, did the employer know the accident was at work and did he make any effort to get him to sign it?

If his boss has came round and told him he doesnt want him to go back is this in writing, or is he trying to bully your OH (what is OH anyway, lol) into resigning? If so you have possibly got a case for harrasment, especially with your boss coming round when your OH has taken a sick day.

Why cant he afford 2 weeks off? doesnt he get sick pay? If he does get sick pay, when the week is up, go back and get another one, and another one, and another one, I think you get 6 months Max.

fengirl_2

There is no point in going back and getting endless sick notes if you have been sacked! As acas have said, as he has been there less than a year, he has no employment rights (or v few).

Uncertain

The firm still has to follow the correct process even inside a year. If they do not he may have a claim for wrongful (as opposed to unfair) dismissal.

I would have thought a threat of a claim for damages due to the back injury may make the firm want to offer some kind of settlement. By the sound of the firm I somehow doubt they would have followed the correct training process!!

Don't forget he is entitled to payment for any untaken holiday (even if he were dismissed for gross misconduct) come what may.

carla40

thanks for you're replies, hubby has been on the phone about a claim, the solicitor is ringing him tomorrow, knowing our luck at the moment he wont be able to, generaloneill he couldnt afford two weeks as he will only get SSP and that isn't enough to pay the bills,hubby put it in the accident book but his boss wasn't there at the time but the other one (who is doing the bullying) was there and didn't do anything, i don't think anything will happen, but thanks for you're answers

generaloneill

carla40 wrote: »

hubby put it in the accident book but his boss wasn't there at the time but the other one (who is doing the bullying) was there and didn't do anything, i don't think anything will happen, but thanks for you're answers

His boss then seems to be targeting your Hubby as a direct result of him putting this accident in the accident book. This is how you proceed with your case. Your Hubby followed the correct procedure, his employer hasnt. Has your Husband been formally dismissed yet? And come to think of it, your husband is signed off from work for a week, so I think it is illegal for him to be dismissed in that week, without at least a gross misconduct hearing (I think he could be technically suspended with or without pay, but only if the employer has GM grounds.

carla40

thanks again, we have got a solicitor ringing us tomorrow, i will let you know what they say, when he rang acas they said there was nothing we can do, because he's only been there for 7 months, all that happened was that his boss came to our house and told him not to come back to work as he didn't fit in and never will, he hasn't had anything in writing yet, but when he does we think it will say a lot more to put them in the clear, i think they have covered themselves with everything, plus it's only a small company there are only 5 working there and that includes my hubby

generaloneill

carla40 wrote: »

thanks again, we have got a solicitor ringing us tomorrow, i will let you know what they say, when he rang acas they said there was nothing we can do, because he's only been there for 7 months, all that happened was that his boss came to our house and told him not to come back to work as he didn't fit in and never will, he hasn't had anything in writing yet, but when he does we think it will say a lot more to put them in the clear, i think they have covered themselves with everything, plus it's only a small company there are only 5 working there and that includes my hubby

At start of business tomorrow, tell him to phone for written confirmation of his dismissal for his lawyer.

maninthestreet

Is an employer visiting an employee on sick leave at home, presumably without any prior warning, acceptable???

carla40

maninthestreet wrote: »

Is an employer visiting an employee on sick leave at home, presumably without any prior warning, acceptable???

thats exactly what we thought, we are going to ask the solicitor when they ring