Been Sacked/Walked

AndyNorwich

Ive been working for a windmill as a Flour production supervisor for 4 months and recently had grass cutting to my job list . The boss called me in yesterday and told me he was fed up the grass wasnt being cut. I explained i worked 5 days. Two were in the shop and the other 3 was for bagging flour and milling it .

He didnt understand my frustration at lack of time and told me he didnt think i was right for the job.

Since being theres there has been a women in her 40s whos been flirting with me ( im 19 ) . My girlfriend works with me so its difficult, Ive started going out with the flirts son and going back to her house to play pool with her son. Anyway when she dropped me off the other day to go home she was touching my head and neck . I felt uncomfortable !

This had made me feel very uneasy at work and my heads not "been with it " Especially when my girlfriend works at the same place.

Is there anything I can do. He told me i should leave and i accepted it but i feel now that I only went because i felt uneasy with this women at work

mrcow

When you say grass cutting 0 do you mean that they also want you to be a gardener (as well as doing your normal job)-

Secondly, did you resign, or were you sacked?

AndyNorwich

Yes they wanted me to look after site maintance aswell as supervising flour production. He told me to leave

T800

You could contact your employer to offer to withdraw your resignation.

Also, what you describe sounds like sexual harrassment (unwanted sexual attention that made you feel uncomfortable), a form of discrimination. There is the possibility to make an employment tribunal claim for this, despite no longer being employed.

You should check your contract, are there any parts that suggest that they can make you do any additional type of work - inline with the requirements of the business?

If not, then you have every right to object.

mrcow

How long have you worked there?

AndyNorwich

4 months and still never saw or signed a contract !

T800

a.wallace0106 wrote: »

4 months and still never saw or signed a contract !

Then the contract will be a verbal one.

However, they have broken the law if they have not provided you with a "written terms and conditions of employment" within 2 months of working for them.

As the contract is verbal, you dont have to agree to do the gardening at all. Especially as they havent asked you to ever do it for the entire 4 months previously.

AndyNorwich

They gave me a list of my job roles and gardens were on there but i never signed anything and it wasnt a contract. If im to go down the sexual harrasment route I have no idea how to do this. My argument was i never had time to do the grass and the sexual harrsament

paulwf

If you really want to go then have a think about the best way to do it...if you walk you won't be entitled to JSA so it might be better to agree with your boss to have your contract terminated, there are ways of wording it so it won't reflect too badly on your CV.

If you want to stay then stand up for yourself and if this woman touches you again tell her clearly to stop. Also make life easier for yourself and don't go round her house!

With the grass cutting if you are given jobs to do sometimes you just have to do them, it's as simple as that. You have to make time in the week, you are a supervisor so either delegate someone else to look after production whilst you cut the grass or get someone else to cut the grass. Perhaps you could get your g/f to cover you whilst you go out mowing?

slenderkitten

they have to legally give you a contract if you worked for 13 weeks so 4 months you should have definitely have got one i think you may have some form of contract but go to citizens advise asap and explain the whole situation. bring copies of any documentation about the job advert if there was one

thing is if he asked you to leave he as effectively sacked you but he has to give reasons but if your saying you never did grass cutting before then that cant be a reason to sack you he has to give formal reasons like i said go to citizens advise early in the morning

HO87

It is a common misapprehension that an employment contract is a piece of paper that encompasses all aspects of ones employment. This is not so. An employment contract is inevitably composed of a number of elements. Verbal - what was said at an interview; written - what was in the original advert, the content of a formal offer letter as well as what is contained in the document that most describe as the "contract" - the written terms and conditions. There are often crucial elements of such a contract which are neither normally written or even discussed and are therefore implicit - such as trust.

The fact that the OP has worked for his employer - presumably during agreed hours for which he has been paid - demonstrates that a contract exists and is, legally, "in action". It would seem that what the OP is missing is a written statement of terms and conditions and that his employer may have breached the law in this respect. However, the OP makes reference to "They gave me a list of my job roles and gardens were on there but i never signed anything and it wasnt a contract". This may well have been a statement of t&c's - it would be normal for a description of the tasks the employee is expected to perform to be set out in it - but the OP may not have recognised it for what it was perhaps, because it almost certainly was not headed "Contract". There is no requirement at law that such documents are signed although good practice suggests that they should be.

As far as this document is concerned if the OP did not, at the time, take up the fact that gardening was included in what may be a job description as it was something he had no experience of, for example, or had not been discussed with him before then it is likely that the document will be deemed to have been accepted by him. Refusing to carry out a task may amount to a gross misconduct and could thereby render the miscreant liable to summary dismissal. The procedure appears to be lacking but there is little description of it offered by the OP.

As far as the putative claim for sexual harassment is concerned, did the OP make any complaint to his employer before he left and, if so, what action was taken? There does not appear to be any suggestion that this had any bearing on the OP leaving the company.