Been Sacked - Help Need Advice

worryguts_2

Aww what a mess - right here goes - my OH has been employed for the past 7 months with a painting & decorating company - going to insurance claim jobs and redocrating etc - about 3 months ago he was asked to go along for an assesment of his capabilities - he went along and was asked to decorate a room which he done - another guy went the day before and had to do the same - the other guy was asked to go back to the office 2 days later and was told the standard was not good enough - he was told he could leave now or commit to a re-training course for decorating which he took - yesterday (3 months later) my OH received a letter to go to the office to discuss his recent assessment - he attended this morning and was sacked - just like that - they said he was not up to the job - when he asked about the training courses was told they were no longer available -
he asked why it had taken this long to get around to bringing him back to the office they just blamed each other saying they thought the other one was dealing with it. , bearing in mind he can go to 3 different jobs in a week surely if they had a problem would they still have wanted him representing their company for another 3 months ! , he said that he always asked the customer if they were happy with the work and he had had no complaints the people at the office said no but they ring here - (I dont think so)
They said they would pay him until the end of the week - are they allowed to do this ? I though most companies had to give you a weeks notice - or even go about sacking you in another way surely written warnings - a chat about your work at least so if there is an issue you can go about trying to put it right - this just seems so harsh - any thoughts/ advice would be gratefully received thank you

Jamz

Get down the CAB right away, this is a case of unfair dismissal..

worryguts_2

thats what we thought - apparently he will be receiving a letter and it'll have a dispute procedure with it so if he's not happy he completes it etc alot of good as they have sacked him ! he never had a contract either so cannot even check that out to see about notice periods - it's just such a mess - he confidence is in pieces he has been in this trade for years

Scarlett1

worryguts I doubt this is a reflection on your husbands work, more like the company need to lay someone off and you hubs drew the short straw

sounds totally out of order what they have done, visit the CAB asap, good luck xxx

mrcow

Although it would be considered unfair dismissal (ie. he wasn't offered a witness/right to appeal/warnings etc), as he hasn't been employed with them for more than 12 months, I'm not sure if he still has a case?

Check it out, but I think 12 months is the minimum?

Optimist

Jamz wrote:

Get down the CAB right away, this is a case of unfair dismissal..

No it isn't. To qualify for unfair dismissal he must have worked for the company for at least 12 months, he hasn't therefore his rights are very limited

mrcow

worryguts wrote:

he never had a contract either so cannot even check that out to see about notice periods - it's just such a mess

On his next job make sure that he signs an employment contact and that he retains a copy of it in a very safe place!

They are for YOUR protection.

hjb123

Definately visit your local Citizens Advice or Welfare Rights service and/or speak to ACAS.

Has your partner any contracts or anything?

Also check out the Direct.gov website which has information on dismissal

worryguts_2

aww this is getting worse - so he hasn't a leg to stand on then - Great ! and they are just allowed to sack him on the spot no warnings nothing and no contract either - Oh noooooo

Shamlay

It does sound very much like unfair dismissal. However, the Tribunal route is a long and expensive one..... been there, done that with my husband, 3 years ago.

In October last year, new rules regarding employment rights and Tribunal procedures were introduced. Look on the ACAS website for more information. Without looking into it thoroughly, you need to check the minimum length of service with the company to see whether an unfair dismissal claim can be made.

I represented my husband at the tribunal hearing, and prepared all the statements etc that were required. We did hire a solicitor to read through the paperwork, just to make sure we weren't laying ourselves wide open. That cost somewhere in the region on £1500. Yes, a staggering amount of money for what was only a fraction of the time spent on the case. My husband received an unanimous unfair dismissal decision and we settled out of court.... the settlement just about covered the fees and lost wages until he found a new job. It didn't cover the mental anguish we shared for several months. We became, and still are, very much closer because we worked together.

Applying for new jobs was difficult for him - most prospective employers want to know why you left your last job, and if you then go on to tell them you're taking the previous employer to a tribunal, you run the risk of being labeled a troublemaker.

For us, the decision to pursue the claim through the Tribunal was not an issue of money, but of principle and reputation. I wish you all the very best if you and your OH do decide to go this route.

needaspirin

He is entitled to 1 weeks notice or pay in lieu of notice plus holiday pay at the rate of 7/12 of 4 weeks less hols already taken. No protection from unfair dismissal as he has been employed less than 1 year.