unfairly dismissed?

aerron

I was offered a window cleaning supervisors job at a big company in the city,(not sure if i`m allowed to say the name) i left my old company after seven years, and started my new job on 8th jan 07, the company who held the contract for the window cleaning, were given 30 days notice, as they were not up to scratch.
i was told by the building manager( who had offered me the job in the first place), that the new company was to take over on the 6th of march and that i had been kept on under tupe, i met the new companys boss, three weeks before the 6th and signed a contract of employment, i informed the new company that my partner was due to have our baby on march the 4th, and that i had booked to have off the week before the baby was due and the week after as paternity leave, and was told that they understood.
i had the week off before my son was born on the 5th march, but on the 1st of march, i had a call from my new boss asking why i had not been to work, i informed him that i had sighned a contract to start on the 6th, but was going to be off on paternity leave like we had arranged, he told me the new company had started a week earlier than first thought, he told me to keep him informed about when i would be back.
my son was born on mon 5th march and was kept in hospital with my partner as he was not well and had to be kept an eye on, they were finally allowed home after 5 days, each morning at 5 am i telephoned my boss and told him that they were still in hospital, and was awaiting them to be allowed home, and that i had to take my 3 and a half year old daughter to nursery, and 10 year old daughter to school, and pick them up, two days after they were allowed home from the hospital, my boss left a message on my answer machine telling me i was sacked and not to come back, was i unfairly dismissed?

gwinnie

As I understand it, under TUPE your old terms and conditions are supposed to apply when another company takes over although the fact that they got you to sign a new contract might override that... You definitely need legal advice here. I'd take a copy of your contract, plus the full story with dates and who you spoke to and what was said, to a Citizens Advice Bureau.

Hope your partner and new baby are doing well, and wishing you all the best with this situation.

aerron

Thank you for you time and advice, i will, and yes their fine now, thanks again, aerron

RibenaBerry_2

It's a complicated one. As a general rule, you don't have unfair dismissal rights as an employee with less than a year's service. TUPE does not affect that. However, if you are sacked for asserting a statutory right (in this case, the right to take paternity leave), the service requirements does not necessarily apply.

Go to a lawyer, and take all the information you have, including your contract and any evidence of your request for paternity leave. If you can't afford a lawyer/can't find one who will do a free interview, go to the CAB.

ilovemycats

Hi aerron,

Congratulations on baby

Right, this job. Don't even give it any thought. Find something else to do. Anyone in their right mind and with any common sense will see that you kept them informed. The company was unreasonable frankly. They're not interested in long term quality service or looking after customers with the best people. All they're interested in is bums on seats and shoddy quick jobs.

If it was me I'd have kept your job open. It's not the end of the world, and there's another 9-months of this year left. The way half of these companies carry on is as if everything has to be done in the next 2-days else the company will collapse and everyone will die.

Look for something else :-)

Aly xx

leona71

Keep that message on your answering machine as proof of any comeback that may arrise.

I would phone ACAS on Monday and get their advice, i don't think he is in the right here. I agree with "ilovemycats" to just find another job but in the meantime i would not give up challenging the Company you worked for as they do not have the right to just sack you for being off, especially on paternity leave. Maybe there has been a lack of communication or something but I reckon he's just blown his top and acted hastily.

Hope you get this sorted.

Leona