Sacked and underpaid? (confusing tale ensues) lol

Jac0b

I was sacked (i think) yes i am not sure if i was sacked. I was brought into my review meeting and bluntly told have you been looking at jobs on your blackberry(my own) and i said errm not .. well kinda... i basically hated the job, and i had recieved an email with some jobs listed. So i had once or twice glanced at them, never for too long or anything.

Anywho, meeting continues and i am asked do i plan to be here long i state no, i am not happy here and dont want to be here long term. next thing i am told well we want you to leave you will be paid up till today, i said ? today? i was informed yes today, and then i am escorted out building.

I was at company 6 weeks, and have two wage slips but cant figure out if i was underpaid. I am not overly sure on my hourly rate either and the payslips at this company are awfully lacking in information. The only information they provide is basic pay, no number of hours. No dates I was told i was on 15k p/a but only worked 26.5 hours a week. Not sure if company was a 40 hour week or 37.5 so again not overly sure how to work out my figures.

From my best estimates i am short over a £100 any ideas how i can be sure?

Few other questions. What should i say in terms of why i left this company in my next interview? I see it as a kinda mutal leave..

Do i have a leg to stand on if i was under paid? I never recieved a contract but confirmed wage and notice period in emails when i started. cheers.

Jac0b

sorry for wall of text, for some reason my paragraphs just get removed.

SarEl

You have the strangest idea of "mutual leave" - being escorted from the premises and told not to come back is not most peoples definition of "mutual"

But other than asking the employer for a breakdown, I'm afraid we can't help you. You don't know yours hours, your rate of pay, or anything else it seems (including whether or not you got sacked - although I would have to say that you very clearly did get sacked). Given the circumstances, if you can do so I think I might draw a line under this job and not mention it at all - if you can do so. I doubbt a reference is going to be "shining", so perhaps best to bury the whole thing after only 6 weeks.

Savvy_Sue

If you don't want a reference, it would be worth asking them for your holiday pay: yes, you begin to accrue holiday pay from your first day to your last day. Also your statutory notice period, which you could check on the ACAS website.

Hammyman

By law they have to pay you at least a weeks pay in lieu of notice. You cannot be dismissed instantly without notice unless its for gross misconduct so if they want you to leave immediately, they still have to pay you the notice period, whether you work it or not. And don't forget you are also entitled to the holiday pay you will have accrued which should be just over 1 days pay.

Jac0b

As far as i know, reading my email on my phone is not gross miss conduct. I was prepared to work my notice period of a month, but this was not offered. I was shocked to be told to leave immediately, having just logged in to computer systems before being dragged to meeting. There was mention of a 6 month probation period, does that mean i am not entitiled to a weeks notice pay? Think my best option is to ask for a breakdown of what i have been paid for exactly. All i see currently is two basic pay (minus tax back from BR tax code)

Jac0b

Another thing to note, during meeting they tried to drag in my poor stats and attitude to taking phone calls, thing is i was on phones whole shifts with no supervision(late shift only a few in building, no recording of calls) so how my attitude was detected is beyond me, and my stats dont look great vs other team members because they were all full time and been there years. I recieved little to no training, so what they expect? I also believe they wanted rid of me sooner but i was covering someones holidays, the day they got back is day they removed me, and is likely reason the review meeting was pushed to later date. Frankly worst company i ever worked for, the day i got key fob to get into building was day i got sacked, never recieved a promised company inducation, staff would throw toys around room and bat them back with folders, i was ready to start imediately, and yet it took them 2 months to even give me a start date. i am glad to see back of them but i want what i am entitilted to.

LittleVoice

Jac0b wrote: »

There was mention of a 6 month probation period, does that mean i am not entitiled to a weeks notice pay?

No, your entitlement to a week's notice is a statutory one which kicks in after one month's employment. A "probation" period has no effect on this.

You said you were expecting that you would have to work a month's notice. Did you have that requirement in writing. If so, your notice due from the employer would also have been one month - but these things are often different during a probation period. (That is they can be one week during the first six months counted as a probationary period and one month thereafter.) However, whatever is written in the contract, it can never be less that the statutory minimum.

Jac0b

i have emails stating my notice period was a month, because i asked directly cause after a month i had recieved no contract and wanted to know where i stood. Odd thing is my start date got pushed back another day because they claimed my contract was still being written up. Funny how i never got this mystical thing.

LittleVoice

Jac0b wrote: »

i have emails stating my notice period was a month, because i asked directly cause after a month i had recieved no contract and wanted to know where i stood. Odd thing is my start date got pushed back another day because they claimed my contract was still being written up. Funny how i never got this mystical thing.

They legally have two months from your start date in which to provide the written particulars of your employment. However they have provided the information about notice - so they need to pay you that month (which starts from the day after they escorted you from the premises).

Jac0b

Without asking the company is there any way to confirm i was not dismissed for gross misconduct? nothing as such was mentioned in meeting. Infact very little was said at all, hence my complete confusion to where i stand.