We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Might be sacked but at a total loss as to what to do

eurobabe
eurobabe Posts: 109 Forumite
Part of the Furniture 10 Posts Combo Breaker
I'm really shocked as to my boss's(shes the company director) attitude towards me.I have been told that I have done things incorrectly that I havent.I've tried to confront my boss over these problems, but she tells me that she's not interested and keeps cutting me off.Also been told I'm slow,but when I questioned as to what Im slow at this the same thing happens.Unable to tell me where,when or on what work.Its the impression she gets.Also think Ive been mildy threatended with my career,as she keep saying she doenst know what to do with me and very unhappy with me.
I have no idea why Im receiving this at all.I get on with my work and have never held up any work.Stay on put extra hours in without being asked.Also been with my previous employers for lengthy periods such as 5,4 & 8 years.My boss still seems to be of with me and there appear to be quiet meetings going on.There have been alot people in my work position before.Ive been with employer under a year.

What on earth do I do?The job market is still not great.Do I resign before to keep my record cleaner?Im pretty terrified.How can I get a reference from this place if Im laid off?Do I have to get written/verbal warnings before being sacked or is this just for employees over a year? Agencies will have a network of friends in other agencies,so Im stuffed if Im fired.
Help
Karen

Edit:Do I search for work?Im working throuhg lunches and after work so going to struggle to contact agencies, if I search for work its possible my employer will find out,via an agency(is that possible) or by my sudden activity on the phone during working hours.

Comments

  • tamsin1982
    tamsin1982 Posts: 322 Forumite
    Hi sorry your going though this, personally I would stick it out. Go in do your Job and come home, they cant dismiss you if your doing everything properly and if they do think your not they would need to give you a proper warning outlining exactly where you are not up to their standards.
    I would also write down any thing she says to you with regards to this, dates/times etc. If they are trying to get you out and its past your probation then its not something they can do quickly and could be classed as constructive dismissal or similar if it did happen
    x
  • eurobabe
    eurobabe Posts: 109 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    tamsin1982 wrote: »
    Hi sorry your going though this, personally I would stick it out. Go in do your Job and come home, they cant dismiss you if your doing everything properly and if they do think your not they would need to give you a proper warning outlining exactly where you are not up to their standards.
    I would also write down any thing she says to you with regards to this, dates/times etc. If they are trying to get you out and its past your probation then its not something they can do quickly and could be classed as constructive dismissal or similar if it did happen
    x
    Many thanks for the reply.I have no probation period defined on contract just when my salary is to be reviewed and the notice they/I have to give.Where can I find information on constructive dismissal?Can you explain this a little further?How should they lay me off fairly?When you say warning, do you mean verbal/written warnings?Do these apply to me as Im employed under a year?
    All I want to do is for my boss to forget about it all and I carry on with my work/career.
  • tamsin1982
    tamsin1982 Posts: 322 Forumite
    When did you start working at the company? Most places have a 3 or 6 month probation period where you will have a review of how you are getting on.
    If they do indeed want you out and your not on probation it would take months for them to do it as there is a process they have to follow ie verbal warnings, written, disciplinary etc unless you did something that was classed as gross misconduct
    say for example you go in and do your job to standard yet they decide to give you warnings for things that then result in dismissal its 'constructive' ie theyve set out to get rid of you and have picked holes in your work lookin for all the slightest faults just to get you gone - i 'think' it also counts if they make it impossible for you to work there because youve constantly got people on your back when your doing as asked.

    Just be extra careful with policies - personal calls, forwarding joke emails, timing, anything thats prohibited in your contract that they will be snooping for :)
  • SarEl
    SarEl Posts: 5,683 Forumite
    tamsin1982 wrote: »
    When did you start working at the company? Most places have a 3 or 6 month probation period where you will have a review of how you are getting on.
    If they do indeed want you out and your not on probation it would take months for them to do it as there is a process they have to follow ie verbal warnings, written, disciplinary etc unless you did something that was classed as gross misconduct
    say for example you go in and do your job to standard yet they decide to give you warnings for things that then result in dismissal its 'constructive' ie theyve set out to get rid of you and have picked holes in your work lookin for all the slightest faults just to get you gone - i 'think' it also counts if they make it impossible for you to work there because youve constantly got people on your back when your doing as asked.

    I am very sorry, but this is completely wrong. If you have less than 12 months employment (calculated as a minimum of 51 weeks actual employment plus 1 week statutory notice) then you can claim neither unfair dismissal nor constructive unfair dismissal (the latter being if you resigned - not if you are dismissed). It does not take "months" to dismiss in these circumstances (nor necessarily in any others) - the employer can dismiss wothout using any process or procedure because there is nothing that you can do about it, unless they fail to pay notice (assuming no allegation of gross misconduct) in which case you can sue for wrongful dismissal only - which simply means you get your notice pay if you win.

    Even after 12 months, provided an employer follows a process which is at least as good as the ACAS guidance, there is no reason why it would take months to dismiss someone if an employer wishes to do so. Nor does an employer have to proceed through from verbal warnings to written warnings. If the offence is sufficient they can dismiss for a first offence (with notice unless it is gross misconduct), or "skip" stages straight to a final warning. Doing so is not necessarily unfair in law - it would depend on the circumstances.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    by my sudden activity on the phone during working hours.

    If this means that you are looking for jobs using the works phone,
    please dont, you could get sacked on the spot.
    They put it down as stealing, company time and costs of telephone calls. Be careful.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • woody01
    woody01 Posts: 1,918 Forumite
    edited 8 July 2010 at 9:49AM
    Go in do your Job and come home, they cant dismiss you if your doing everything properly and if they do think your not they would need to give you a proper warning outlining exactly where you are not up to their standards.
    Sorry, but unless it's discrimination, the OP can be 'let go' at any point during the first year, good reason or not.
    If they are trying to get you out and its past your probation then its not something they can do quickly and could be classed as constructive dismissal
    Also 100% incorrect. This person has been in their job UNDER a year.
    If they do indeed want you out and your not on probation it would take months for them to do it as there is a process they have to follow ie verbal warnings, written, disciplinary etc
    Please try to give accurate advice.
    So far, yours has been completely wrong and it's misleading the OP, and it really isn't helping them.
  • Evilm
    Evilm Posts: 1,950 Forumite
    Are there other Directors in the business even if they are not responsible for your department? If there are try to keep a record of what she is saying versus what you are doing and that show that you are not actually failing to do your work correctly and go and speak to them confidentially. It may backfire if you do this however (and you could lose the job)- you may just have to take the chance if you want to try to improve things at your current workplace.

    What hours do you work? Agencies quite often are staffed from 8am and up to 6pm so they could contact you on a mobile outside of work hours or even conduct most things by email instead.

    Don't use work resources to search for a new job. That is a bad idea and will pretty much give her reason to dismiss you.



    As for agencies telling your current employer that you are looking they should not do this and if they did you could report them to the governing body (whose name I can't remember).

    Most people use time in the evening after work to look for a new job and find ways to take holiday days to go to interviews if necessary.

    Good luck, I hope you manage to sort the situation out to your benefit.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.2K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.