Do I have a case?

autumntrance

I recently landed my dream job, I worked 30 hrs a week (3 x 10 hr days) We had no breaks but I didn't care. I had a 3 month probation time and 3 days before it was due to end I was let go my manager (who is a partner) was away & had no idea. He has gone ballistic abut it as he was always very pleased with my work and attitude etc.

I was told about my 'letting go' over the phone which is in breach of my contract as it states that I have to have a letter in writing and a weeks notice.

The reasons given were
1) Time off - I was in hospital for a week & my boss had actually sent me home as I came in the day before being admitted - he also thanked me for doing so.

2) My reluctance to do overtime - I have a 17 month old and don't mind doing o/t but they wanted me to work an extra day until christmas this would also effect my tax credits.

The main reason was my attitude....I now know this to have been an email sent from one of the other workers to head office (over our supervisor &managers head) basically saying I didn't do my job & she couldn't work with me - she was as yu expect very nice to my face, constantly slagging of our supervisor (who is lovely) & other members of our small office to me.

We believe this was done as she has been there whilst the business has built up & feels threatened at a new face coming in and getting the hang of it quickly (even my manager believes this to be the case)

I am absolutely gutted to have lost this job & my manager wants me back & I want to go back - I went above and beyond the call of duty and worked my guts out at all times. This woman has ruined my career with her silly jealousy nobody else could fault me or my work & head office have decided that it was easier to get rid of me than her - despite what my manager would like!

I know my works were in breech of contract by the was they ended it but I don't know how much of a case that is?

Do I have any legal right to obtain a copy of the email?
Can I sue her for defamation?

Any advice would be greatly received

ILW

One of the partners wants to keep you on. What is the problem?

autumntrance

hes one voice in 4 not that the others dislike me, I've never even met them! My manager sees what shes like and the others don't - he wants her out but its hard for them to do so.

Uncertain

autumntrance wrote: »

I know my works were in breech of contract by the was they ended it but I don't know how much of a case that is?

Do I have any legal right to obtain a copy of the email?
Can I sue her for defamation?

Any advice would be greatly received

A breach of contract claim (i.e wrongful dismissal) does not require any particular length of service. However, given that they could have got rid of you without a reason had they followed correct procedure any compensation would be limited to a few days pay or however long it would reasonably have taken to do things in accordance with your contract.

Either way you are entitled to a weeks notice (or more if your contract so requires) plus accrued holiday up to the end of the notice period.

Copy of email - Probably yes, make a subject access request. However, don't be surprised if it has vanished. Very hard to prove.

Defamation - In theory if you can prove what was said and that it was untrue. In practice probably prohibitively expensive.

Firefox1975

autumntrance wrote: »

hes one voice in 4 not that the others dislike me, I've never even met them! My manager sees what shes like and the others don't - he wants her out but its hard for them to do so.

Nevertheless

He has the authority to "bind" the firm. His decision would be final. (Putting aside any conversations he would have with the other partners if he chooses to take you on then its up to him)

KiKi

As Uncertain says, you can ask for your notice to be paid. If it's not, then it's wrongful dismissal and you can claim your notice pay that way.

But ultimately if the partner's not prepared to stick up for you and demand that you are taken back on, there's very little you can do, I'm afraid.