Have I been dismissed? (1st time posting so any help will be appreciated).

hotblu

Hello,

I work full-time for HMRC, I work part-time for Pizza Hut (UK) ltd and am also self-employed.
I was due to work on Saturday at Pizza Hut, my shift was 5.00pm to 9.30pm, due to an unforseen domestic emergency I was late and did not start until 6.00pm. When I arrived the manager told me off infront of both customers and staff members. Due to being upset from domestic emergency and manager not being understanding/supportive I walked out. I have now been told by colleagues that manager has announced I have been sacked. Can the manager do that? I know walking off shift was wrong, but isn't their guidance manager has to follow, for example verbal warning etc?
Also, manager has not contacted me at all regarding situation. Does this mean I am sacked? Can I take out a grievance? or do anything with regards to unfair dismissal?

Any advice/help would be much appreciated.

Conor_3

THey cannot announce you have been sacked. The full disciplinary procedure must be followed including verbal and written warnings. The only time you can be sacked instantly is for gross misconduct as per your contract of employment.

Unless you've received it in writing, you're not sacked. This is the 21st Century, not Dickens Olde Englande.

Luvly.cuppa.T

Absolutely , Conor is true on his/her post.

If you have been there under 13 weeks, then you could face being sacked, as this is normally the trial period so to speak- 'we feel that you are not right for the job' kinda type thing might happen. You don't have much in the way of law if your term of service is under 1 year in terms of unfair dismissal, but as Conor said the manager still has to go through proceedures.

This could be verbal or written, or suspension until hearing of which they decide to dimiss you or not etc.

You still have the right to turn up to work as normal and go from there. See what happens.....

JCD_Capulet

Personally I'd call your boss and ask what the scrypt is. When I worked for KFC there was a clause written into our contracts that if we did not turn up for three consecutive shifts it means you have terminated your own contract. If you do decide to speak to your boss prior to returning, make sure you explain why you walked away from your shift. Hopefully he'll be compassionate (and sensible) enough to understand your situation, I'm sure he won't want to loose a member of staff as much as you don't want to loose your job.

good luck
Joanne.

impecunious

Here's the legal jargon, hun:

As from 1st October 2004 the Employment Act 2002 (Dispute Resolution) Regulations 2004 SI 2004/752 implement rules concerning disciplinary and grievance procedures set out in Emp'tAct 2002 Sch 2. The essence is that, save in exceptional cases,

"employers and employees [are] required to follow a minimum three-stage process to ensure that disputes are discussed at work. The process .... require:

[*]the problem to be set out in writing with full details provided to the other party;

[*]both parties to meet to discuss the problem; and

[*]an appeal to be arranged if requested".Dismissal without complying with the procedure will be automatically unfair dismissal , with minimum compensation of four week's pay, provided the normal qualification period of continuous employment , currently one year, has been completed.

If you have worked less than a year, then you are really up the proverbial in regards employment law, hun. But the thing to remember in your case is that your manager is also an employee and going above his head may solve your ill treatment. Don't forget, also, that the contract you signed is a legal document and you can take any dispute to the small claims court for breach of said contract. Threatening them a couple of times with this course of action usually does the trick

Personally, if my line manager tried to tell me off in front of my peers, let alone customers, I wouldn't want to work there any longer. Plenty of other jobs in that industry, isn't there?

Good luck!!!

JCD_Capulet

I was denied all of the above when I was sacked, and I battled for nearly three months to try to get my job back.....with a CHARITY none the less! Some employers really are bad, I just hope it all works out for you, hotblu.

hotblu

Hello Everyone,

First off thank you very much for all your help. Today I contacted HR dept at head office, they have told me that I cannot be sacked unless the correct procedure has been followed (which wasn't). They did advise to speak to my line manager, but I have opted for a formal grievance against her. This is going to be passed to the Area Manager (their good friends so not holding my breathe). My only two problems now are, I have been their for less than a year, so unsure which laws do & don't apply to me. Also, I cant find my copy of the contract (can you belive it). Im hoping to get a transfer to another store so fingers crossed. Does anyone know where I stand with pay? Do I get any whilst this is being investigated? Any help would again be appreciaed. Thank you.

Conor_3

There is no automatic right to pay whilst suspended.

Luvly.cuppa.T

Think that you should be okay, as you are over the probabtionary period, so no quick sacking is allowed now.
I have to say when writing a grievance keep the emotion out of it and stick to solid facts- you seem quite emotional by this all and this is the time that you will believe that what you write is justified- no name calling of any nature, no unfounded allegations (to us it is clear that the boss is a $#*!, and probably very highly strung, but this only stands to sound attacking and can make you look worse off, when you are asked to back up those words. She can also retalliate with defamation etc), so yeah, just pick your words well and keep it short and sweet.
It will also been taken more seriously this way too.

Also realise that if you want to continue working there, you will have to face the mnager again to 'sort things out' and move forward. You need to decide if this is something you can indeed work out, or if you cannot work with her again. What is the likely hood that there is something somewhere else in the chain? What if there isn't?
I fully understand where you are coming from and the anguish, anger, fustration etc that comes with it, but have a calm rational moment and get yourself straight on what you are prepared to do, or not. You'll thank yourself for it at some point.

Need to add that the whole point of grievance it to get something dealt with, and the aim is normally for a happy, lawful workplace in short. You need to state what you want to see as the outcome- be reasonable- and if you don't put this in your letter you will have the chance to say this in a grievance meeting, which can take upto 28 days in reality or more to get. You have to decide what to do in the meantime with regarding going to work and how this will effect you. If you refuse to work, then you are practically resigning, and you have no leg of law of constructive dismissal (leaving because you feel the company has given you no choice but to leave due to the circumstances at work, in laymans terms) with less than a years service.

hollydays

Surely its only hearsay that the Manager has said you are sacked.Why not speak to him/her.

CFC

hollydays wrote: »

Surely its only hearsay that the Manager has said you are sacked.Why not speak to him/her.

Exactamento.

Actually, it's not up to your line manager to contact you as you walked away from work. It's up to you to contact your line manager to explain your absence, and to attend work when you normally should. And if I were you I would go heavy on the explaining your home problem and how that made you rather easily upset, and be as conciliatory as possible.

I'm afraid that being told off in front of other people is not a good reason to leave work. Managers might hurt your feelings with a poor management style, but that doesn't mean they lose the right to manage and that you can just disappear into thin air and put a grievance in without repercussions. You are not likely to find the grievance outcome is in your favour irrelevant of any friendship between the managers on the basis of what you have posted. I'm not trying to be unkind to you, I'm trying to get you to think about your situation.

I will use as an example someone who has put a grievance in at my own work, and on the basis of what they put in their grievance letter and statement, they are likely to go down disciplinary route. That person fondly thinks that we are going to give her tea and sympathy and tell the manager involved off, simply because the manager's management style needs improving.

You need to get a grip on this situation. You haven't been suspended, you simply need to go to work for your next shift, and if you don't then you need to tell someone ie the area manager or your own manager why you are not going. Simply because you are putting a grievance in (not the wisest move in the circumstances I feel) does not mean that you don't go to work when you are supposed to be working. You will be counted as shift cancelled or no show no call or whatever the jargon is where you work.

You may make a bigger problem here than you had in the first place. Start solving it now!