How to go about this?

essexlass

My partner was working with a company for just under 3 years. On Monday January 4th this year my partner took the day off without phoning in to let them know. He went in on the Tuesday and was told that if he arrived a second later than 8.45am he would be sacked (he was meant to work from 9am-6pm), he worked the Tuesday with no problems. On Wednesday January 6th my partner arrived at work at 8.47am, bearing in mind that we had had snow and the boss' daughter told him that he had let her down and sacked him on the spot.

My partner was asked to go back by his workplace but to start working from 8am till 6pm with no lunch break for £300 per week which would actually be less than the minimum wage. He was told he would have a 3 month trial and then his wages would be increased by 10%. After much consideration my partner decided against going back.

Basically my partner has got ACAS involved as he feels he was unfairly dismissed as in their contract it states that to be sacked you need 1 verbal warning and 2 written warnings which my partner never got. ACAS has told my partner that his previous workplace are saying he left and basically that he will get nowhere if he goes to a tribunal because his workplace offered him his job back.

Is this right? Should my partner still go and take the company to a tribunal or just leave it? ACAS haven't been extremely helpful, he has spoken to 4 different people who have given him different bits of advice.

The company are now claiming that he left so he can't even claim any benefits because of this either.

Thanks in advance for any advice any of you may have.

Beast

Presumably they can produce his signed resignation letter?

Rockporkchop

Why did he take the 4th January off without calling to let them know?

essexlass

No obviously they can't, they are saying he walked out and offered him his job back days later ( total lies).

He took the day off due to a personal matter and obviously knows he did wrong by doing this.

dickydonkin

Beast wrote: »

Presumably they can produce his signed resignation letter?

And the company let him go without working any notice?

essexlass

dpassmore wrote: »

And the company let him go without working any notice?

Basically the Tuesday that he came in the boss' daughter said he would be sacked if he was 1 second late, all was sorted and he apologised for the Monday and worked Tuesday, he has a letter saying he was paid a days work for the Tuesday but because he came into work at 8.47am on Wednesday she sacked him with no notice or anything.

wontfallforit

essexlass wrote: »

My partner was working with a company for just under 3 years. On Monday January 4th this year my partner took the day off without phoning in to let them know. He went in on the Tuesday and was told that if he arrived a second later than 8.45am he would be sacked (he was meant to work from 9am-6pm), he worked the Tuesday with no problems. On Wednesday January 6th my partner arrived at work at 8.47am, bearing in mind that we had had snow and the boss' daughter told him that he had let her down and sacked him on the spot.

My partner was asked to go back by his workplace but to start working from 8am till 6pm with no lunch break for £300 per week which would actually be less than the minimum wage. He was told he would have a 3 month trial and then his wages would be increased by 10%. After much consideration my partner decided against going back.

Basically my partner has got ACAS involved as he feels he was unfairly dismissed as in their contract it states that to be sacked you need 1 verbal warning and 2 written warnings which my partner never got. ACAS has told my partner that his previous workplace are saying he left and basically that he will get nowhere if he goes to a tribunal because his workplace offered him his job back.

Is this right? Should my partner still go and take the company to a tribunal or just leave it? ACAS haven't been extremely helpful, he has spoken to 4 different people who have given him different bits of advice.

The company are now claiming that he left so he can't even claim any benefits because of this either.

Thanks in advance for any advice any of you may have.

Failing to phone in sick for no good reason can sometimes be classed as gross misconduct, leading to instant dismissal...BUT, the company seems to have given him a warning of sorts, by testing his mettle ove the next few days. They can't have it both ways :-/

Persevere with ACAS, you might get some help eventually. And as for jobseekers, put a claim in anyway. Sanctions aren't automatically applied, they are assessed case-by-case, and can only be for a maximum of 26 weeks anyway.

The sooner he claims, the sooner this 26 weeks (worst case scenario) will elapse.

fengirl_2

I think he needs to go and get some face to face advice from somewhere like the CAB or other advice agency. He cannot be sacked on the spot, even for gross misconduct - a process has to be gone through first. Even if he said he was leaving after having been offered the £300pw job, this would be constructive dismissal as this clearly breaches NMW, etc. A resignation does not have to be in writing, but it does have to be communicated, so if he just walked out, this would not be a resignation.

BligBlag

Your partner pi55ed his bosses off for failing to turn up to work (why didn't he call in?). Unauthorised absence does full under Gross Misconduct BUT his bosses didn't follow the proper procedures in order to sack him... so he probably does have a case to go to an ET.

When they initially sacked him, did they give your partner a letter or was it completely verbal? When they offered him a job back but with more hours and less pay did they put this in writing or again, was it verbal?

How long was it between getting sacked on the spot to being offered the new hours/wage/contract?

When he decided against it did they ask that he work out his notice period? Did you partner have to officially resign or was it case of saying no to to the proposal and that was it?

essexlass

ACAS have been go betweens my partner and the company but the company have now claimed he left and that they offered him his job back but to work from 8.30am till 5.30pm. ACAS have said because they offered my partner his job back that a tribunal wouldn't go very far but surely on the circumstances of being paid £300 for 59 hours work per week which is less than minimum wage is not a reason for him not to go to a tribunal?

He was receiving £300.78 (before tax) which is still under the minimum wage by about 20-30p. If he had gone back and worked 8-6 he would have been working for £5.08 an hour!

essexlass

The sacking was completely verbal. As was the offer of the job back but the boss has told ACAS he offered my partners job back. Everything has been done verbally basically. He didn't work out a notice, he was sacked on the Wednesday morning and he then left.