Help I've been sacked

Loralei

terra_ferma wrote: »

Lora, as you have probably seen I'm with you on this, but unfortunately there is very little you can do, as you were employed for less than a year.

thank you for your support. I understand that there is little I can do as I have been there less than a year. This company has a huge staff turnaround and I am wondering if this type of thing goes on a lot with them. There is not one single staff member including management who have been there over a year. The assistant manager herself, the one I had the grievance with has only been employed by them for 6 months and just recently promoted to this postion. I think it was a case of her trying to excercise newly given power over me as I am the only "new" employee.

Loralei

juliescot wrote: »

Do you have some paperwork relating to the dismissal which identifies the reason for your sacking?

Yes I have the paperwork stating the reasons for being sacked. the dates on this form are all wrong too as it states august and not september. I only started work with them at the beginning of September. Writing error I know but just goes to show the unprofessionalism of this company.

juliescot

Loralei wrote: »

Yes I have the paperwork stating the reasons for being sacked. the dates on this form are all wrong too as it states august and not september. I only started work with them at the beginning of September. Writing error I know but just goes to show the unprofessionalism of this company.

Wrong dates, possibly no actual offence of being late.

You sure they have the right person?

They sound pretty incompetent

busterian

Loralei

By law you should be given a Writtern Statement of Employment on or before your 8th week of employment. This should outline your pay, pay date, hours and your times of work, your place of work plus other things like grievance/disciplinary procedures etc etc.

However, you said you hadnt received one yet but there was still another 4 weeks before they "legally" had to furnish you with such Terms.

Did you get an offer letter? If so, this may have outlined such information as hours of work.

I used to be a HR Manager in retail and although we didnt open shop doors until 9am, we did like our staff to be insitu at 8:45am ready to start work at 9am. However, this was only "good practice" and we certainly did not discipline anyone who arrived at 8:55am provided they were ready to start working at 9:00am.

There are some things that other posters have written are correct. Unfortunately because you have only been with the company 4 weeks, you cannot launch an ET claim based on unfair dismissal. You can however, launch a grievance and appeal against your dismissal IF your start time is stated on an offer letter and/or written statement as 9am. Either way, your ex employers have not followed the standard disciplinary procedure, as laid down by ACAS and this procedure is irrespective of length of service. It also states that it should be a 3 stages - First Warning, Final Warning and Dismisal (or Action short of Dismissal).

zzzLazyDaisy

busterian wrote: »

Either way, your ex employers have not followed the standard disciplinary procedure, as laid down by ACAS and this procedure is irrespective of length of service..

This was repealed on 6th April this year, so won't apply to OP

Also, re notice - you are not entitled to be given notice within the first month of service (unless the contract or offer letter says different). I know OP says she worked there four weeks, but that may still have been short of one calendar month.

terra_ferma

zzzLazyDaisy wrote: »

This was repealed on 6th April this year, so won't apply to OP

Also, re notice - you are not entitled to be given notice within the first month of service (unless the contract or offer letter says different). I know OP says she worked there four weeks, but that may still have been short of one calendar month.

You learn every day here......
All the contracts I deal with specify 1 week during the first 6 months, but it's useful to know.

kunekune

There are differences, I think, between different kinds of job. In my job, we don't have set hours although we are supposed to work 36 hours a week. We just have to do the job, at whatever time of day it has to be done. Some days, I have teaching at 9, and therefore need to be there by 8.30 at the latest in order to be ready. I may also have teaching 5-6, and can't complain that I don't get away before 6.15. Other days I have nothing scheduled and can work from home, or only have teaching from 10-11 and nothing else all day. The system relies on us working the hours we need to do, to do the job. Of course, that is in reality considerably more than 36 hours a week - actually the official "work load model" shows me at 1700 hours over the year. We have 32 days leave plus statutory holidays. It is impossible, by my maths, to do 1700 hours without working longer hours or taking few holidays (I do both). They also avoid forced overtime by saying, "oh, this is paid separately", giving an hourly rate that is less than our normal rate, but not allowing us to say no (at least not if we want a future).

So, basically, we all get screwed but in different ways. I appear to have masses of flexibility, but in practice there is a lot of required overtime. Yeah, I get paid better than OP, but what's the point of paying higher if you have to work longer to get it - I'm not sure that my hourly rate would go up if I was promoted, despite the £5000 rise, cos of the additional expectations.

For OP, if I haven't lost you, I'm sorry that this has happened. But also, don't just turn over and give up. If nothing else, if this appears as a sacking, it will affect your right to benefits. It seems to me - and although I know some stuff about employment law, I don't know much UK employment law - that both the rule that was applied and the whole procedure were dodgy. Now, you may have no right to any compensation because of the short service (are they recycling lots of cheap ex-signers on????) but you need to make sure that you don't get any additional penalties.

rachiee

I had this issue at my previous job too, didn't get paid until 10 but they wanted me there at 9.50, why should anybody start 10 minutes before they are paid, all those 10 minutes add up! I refused and went in and about 2 minutes too one day. He wasn't impressed and told me i HAD to always be there 10 minutes before. I quit in the end as the whole situation was crap

Loralei

busterian wrote: »

Loralei

It also states that it should be a 3 stages - First Warning, Final Warning and Dismisal (or Action short of Dismissal).

I was not given any first warning or a final warning. I think I was dismissed because I complained to the manager about the assistant manager who was the one that always had something to say. I should explain here too that on the first occasion I arrived to work to find the shutters down but the lights inside on as the assistant maanger was upstairs in the office. she didnt come down until 9am to open the shutters and I was standing outside waiting to be let in. She then pulled me about being late. when I explained to her that I was waiting outside for the shutters to go up she said she would let it go this time but I would have to be in before the shutters went down. However, I have since heard from another colleague that she often pulled the shutter down before 8.45. How can one win in this situation. this would mean that I would've had to be there before 8.50am to be able to get inside. anyway I'm putting this down to experience and dare I say don't let anyone that you know apply or go work for Semi Chem. They are a **** low paying company who are exploiting todays economic downturn. But someday I will get a job that I am qualified for and hopefully end up being the manager of one of these girls providing of course that it won't be semi chem. That would be poetic justice don't you think...... Ha ha

prowla

I think their view may be that you have to be at work by 9, so any getting ready on-site would need to be done before then?
Can't say I agree, but perhaps that's it?