Help about Job just lost

sonic2012

Hello all sorry if this is the wrong area.

I have today just been told I failed my probation period which was 3 months, I started employment with the company 4th Feb. I'm going to appeal this as I had no prior warning or the chance for someone to be there to discuss this I was just told to leave the premises and told I would receive 1 weeks notice pay.

My grounds for appeal are that I have had 6 periods of absence to which 4 of them have been time off for dependants, 2 for illness as to which my employer told me to go home when arriving for work on one occasion. I have read that you can't be treated unfairly if you have time off for dependants as to which the most recent one this Thursday just gone was.

I have had no meeting with HR department or letter from them at all, offering my chance to explain.

My main concerns now are my holiday pay and claiming JSA.

I will confirm that I did not leave my job, I was told to leave. Will I be able to claim JSA? I hope that I shouldn't be on it too long I have a interview on Monday , if I was to make a claim for JSA should I claim from today or when my 1 weeks notice ends.



Now for the holiday, I have accrued 51 hours and already taken 44 hours which is 4 x 11 hour shifts. Is this taken away from my accrued or am I due my holiday pay.

Any other questions feel free to ask

I will add that I don't want to go back on JSA but may have to until either I win my appeal or find another job which shouldn't be long.

Many thanks

kloana

sonic2012 wrote: »

I will confirm that I did not leave my job, I was told to leave. Will I be able to claim JSA?

JSA can be sanctioned (i.e. you can sign on, but won't be paid) for a period of up to 26 weeks in cases where you've either voluntarily left a job, or have been dismissed for misconduct.

Being dismissed for other issues like 'performance', etc. is generally 'OK' for JSA purposes.

So it'd depend on exactly what you're being dismissed for. I'm guessing it's not being classed as misconduct.

Even in cases of misconduct, sanctions are discretionary.

Torry_Quine

You are entitled to any holidays not taken to be paid in your final pay.

sonic2012

It's not misconduct, it's down to my absence so I didn't meet the satisfactory requirements to pass probation.

It all came out of the blue, I completed my return to work with my manager this morning, told to go to work, and 30 mins late being told to leave. Nothing seemed wrong when he completed my return to work from Thursday.

sonic2012

Torry_Quine wrote: »

You are entitled to any holidays not taken to be paid in your final pay.

I'm confused, I have looked at my company's intranet and is says I still have 76 hours available but total holiday accrued is 51 hours. Would you like me to post a table like I see on my intranet?

ValHaller

sonic2012 wrote: »

I'm confused, I have looked at my company's intranet and is says I still have 76 hours available but total holiday accrued is 51 hours. Would you like me to post a table like I see on my intranet?

Probably best not to post this directly. I imagine you worked a 38 hour week and they gave you 2 weeks availability in order that you had some days to take - but you will have earned 51 hours plus a little bit more for your week's notice.

sonic2012

I worked a 44 hour week, and 4.4 hours taken as unpaid break. So i got paid for 39.6 hours.

Here's what is shown on my intranet

Holiday Status

Holidays available this holiday year (Feb 04 - Aug 31) 128 hrs
Holidays already taken this holiday year (Feb 04 - Aug 31) 44 hrs (4 shifts)
Holidays booked this holiday year (Feb 04 - Aug 31) 55 hrs (5 shifts)
Holidays booked next holiday year (Sep 01 - Aug 31) 0 hrs
Holidays available to book 73 hrs (est. 6 shifts)
Total Holiday Accrued 51
If you have less than one full shift of holiday left then it cannot be taken. However, this holiday will be paid to you at the end of the holiday year.


Holiday taken this year

From (inclusive) To (inclusive) Hours Used Shifts Used
Sunday 03 March 2013 Sunday 03 March 2013 11.0 1
Thursday 21 March 2013 Thursday 21 March 2013 11.0 1
Thursday 04 April 2013 Friday 05 April 2013 22.0 2

ValHaller

So to present you are due 51 hours and you have taken 44 hours. You should get 7 hours holiday pay - plus a few more for your notice period.

skintandscared_2

I believe that within the first 3 months of employment (actually, the first 2 years now) they don't even need a reason to dismiss you. 6 instances of absence in 3 months is unbelievably high. Maybe, going forward, you need to look into other ways to deal with emergencies for dependants otherwise this will just continue to happen in your next job?

martinthebandit

skintandscared wrote: »

I believe that within the first 3 months of employment (actually, the first 2 years now) they don't even need a reason to dismiss you. 6 instances of absence in 3 months is unbelievably high. Maybe, going forward, you need to look into other ways to deal with emergencies for dependants otherwise this will just continue to happen in your next job?

To be honest if I had someone still in their probation who had 6 absences in the first three months for whatever reason I would be letting them go as well.

... and if I didn't my boss would really want to know why not.

Sorry, don't think its what you want to hear but......

pinkshoes

6 periods of absence in just 3 months is a huge amount, and no doubt very inconvenient to the company. That's more than you'd expect in a year!! (Regardless of whether they're yours or child sickness).

On this basis I wouldn't bother appealing.

Can the dad not take time off and share the sickness days for kids?