Is it classed as being sacked or quitting

Shazza1976

Hi,

I hope someone can advise me on my situation!!

I didnt turn up for work on Monday!! It was very stressfull time..

I didnt ring my manager but instead mailed him to say i had been offered another job and i couldnt decide on what to do, ( I hadnt really been offered job) I was just basically lying about the other job because i didnt ring in to say why i hadnt turned up for work and couldnt think of anything else to say _pale_ Then come tuesday lunch time i mailed to say i wasnt going to accept the 'pretend job' and do i still have a job there!! my reply back was No you are being replaced:eek:
Hope this makes sense!
Thanks

alwaysonthego_2

How long have you been working for your employer?

rchddap1

Personally I can understand why your employer is taking this line. Firstly you didn't turn up...secondly you didn't ring but just popped off an email...thirdly you didn't say you were ill or needed a bit of time off but strongly suggested that there was another job around that you were considering.
So your boss could have thought that either:
a) you couldn't be bothered with the job...hence why you didn't turn up and only sent an email
b) you didn't like the job and were going to go somewhere else anyway.

If you are unsure as to your rights you need to talk to CAB.

Shazza1976

alwaysonthego wrote: »

How long have you been working for your employer?

I have been working there for 5yrs

daphne_descends

Why didn't you just phone in sick?

Or phone your employer after this happened?

Shazza1976

fac73 wrote: »

Why didn't you just phone in sick?

Or phone your employer after this happened?

I know i should have but @ the time it was very stressfull and they knew i would have been pulling a sickie

alwaysonthego_2

Have you recieved any written or oral notices before? Did your boss email you to tell you your job was gone?(I work at the cab) Have you had any other communication since i.e did you have a meeting etc

alwaysonthego_2

Dismissal/disciplinary
There are statutory dismissal and disciplinary procedures (DDPs) which employers have to follow before dismissing or taking certain types of disciplinary action against an employee. For example such disciplinary action could include suspension on less than full pay, or demotion.
There are two types of DDP:-
standard procedure - This applies in most cases where an employer wants to dismiss an employee, because of, for example, capability, conduct, redundancy, expiry of a fixed-term contract or to take disciplinary action short of dismissal against the employee. The standard dismissal and disciplinary procedure is a three-step process where the employer must:-
Step 1 - tell the employee in writing why they are contemplating disciplinary action or dismissal; and
Step 2 - hold a meeting with the employee; and
Step 3 - hold an appeal meeting if the employee wishes to appeal.

sourced from cab

Also you are entitled to recieve a minimum of paid notice of dismissal whether you worked it or not, but if the above has not happened go to your local cab who will advice you about going to an employment tribunal

Shazza1976

alwaysonthego wrote: »

Have you recieved any written or oral notices before? Did your boss email you to tell you your job was gone?(I work at the cab) Have you had any other communication since i.e did you have a meeting etc

I have had no written or oral notices before, It was just when i mailed my manager to advise i wasnt going to accept the "pretend job" on the tuesday - I got a reply saying i have been replaced. No other communication at all.

alwaysonthego_2

Shazza1976 wrote: »

I have had no written or oral notices before, It was just when i mailed my manager to advise i wasnt going to accept the "pretend job" on the tuesday - I got a reply saying i have been replaced. No other communication at all.

thn as I explaINED IN MY LAST POST YOUR (soz about caps) that your employer has not followed correct procedures and you should pursue this further at your local cab good luck

ohreally

You are still an employee until one of the parties decides to terminate the contract, to do so a process needs to be fulfilled. Your initial error was one of judgement plus you are likely not to have complied with reporting procedures, that should not see you being dismissed.
If your employer wishes to terminate your employment, again there is a process to be adhered to and a verbal message informing you that your being replaced falls somewhat short of procedure.
Go and see them to sort this out before it becomes too messy and untenable.