Unfair dismissal from a family member?

Bee008

Hello all!

I just wanted to get other people's opinions on whether they would bother pursuing an employment tribunal, or not.

It all sounds like a bit of a Jeremy Kyle case, which is why I'm not rushing round to my local CABs for advice (sheer embarrassment, I think!). :rotfl:

For the past 5 years (whilst I was undertaking a couple of degrees) I was employed by my brother-in-law. My hours varied a lot, from a minimum of 16 hours up to 48 hours a week (at the absolute most). I also earn commission (as I had got involved with the sales side of the business).

Recently, we found my brother-in-law cheating on my sister (together for 15 years) with my very young work colleague.

Following this, I was sacked immediately, due to his marriage breakdown with my sister.

I was, however, slightly involved. On a day, when not working, I popped into the workplace and asked to borrow his mobile phone, which he agreed to (followed by me handing it over to my sister, to check the incriminating evidence of his dirty little affair).

I also sent a text message to my young colleague saying I hope she was happy that she had ruined the lives of 4 very young children (baby just 8 weeks old) and what a home wrecking w**re she is.
Not my finest of moments. But I was acting as a sister, not as an employee, when I was expressing my absolute heartache at this girl for breaking up my sister's marriage.

Anyway, I sent my brother-in-laws business partner a very nice civil email asking to at least be paid 9 days wages. And I gave them the breakdown of my commission earnt in that past month/2 months (over £1,000).

Finally got a reply, and they agreed to pay me 6 days wages (that I hadn't worked) and REFUSED to pay the commission I had rightfully earnt. Along with a string of excuses as to why I could not have the omission (a load of rubbish about certain customers being unhappy- which, even if true, does not affect the gross profit anyway. I still made the company £23,000 gross profit in those few weeks).


What would you do?? Just walk away?

sammyjammy

I would say its not the girls fault its the husbands. How can she be very young if they have been having an affair for 15 years?

If you cannot resolve with employer then you could raise a claim against them for the monies due.

gettingtheresometime

sammyjammy wrote: »

I would say its not the girls fault its the husbands. How can she be very young if they have been having an affair for 15 years?

If you cannot resolve with employer then you could raise a claim against them for the monies due.

I read it as the sister & BIL were together for 15 yrs.

Op did you have a standard contract of employment ?

Torry_Quine

sammyjammy wrote: »

I would say its not the girls fault its the husbands. How can she be very young if they have been having an affair for 15 years?

If you cannot resolve with employer then you could raise a claim against them for the monies due.

I think its the marriage that's 15 years not the affair

Alarae

While I am sympathetic, I think your brother in law has a right to dismiss you, but only if he actually did it correctly and classed it as gross misconduct for the text to the other employee.

It doesn't sound like he did however. Did you have a disciplinary? Or any other kind of meeting?

Bee008

No, no kind of disciplinary or meeting.
I turned up to work like normal the next day and he told me to do one.
(Don't think he actually knew about the text at this point. He definitely didn't mention it)

In the recent email from his business partner they have tried to make-out like they didn't sack me...? (They must be worried). And have said they were 'shocked I didn't turn up for work for the following days'.
Despite him clearly sacking me, and me having to clear my desk- they were still apparently expecting me back.

They would do anything to get out of it.

It's just the injustice of it all. I think we all know the type- they are very slippery and jammy and constantly get away with mistreating people.

Bee008

gettingtheresometime wrote: »

I read it as the sister & BIL were together for 15 yrs.

Op did you have a standard contract of employment ?

The marriage was 15 years, not the affair.

No, I didn't have a contract in place :(

Bee008

Alarae wrote: »

While I am sympathetic, I think your brother in law has a right to dismiss you, but only if he actually did it correctly and classed it as gross misconduct for the text to the other employee.

It doesn't sound like he did however. Did you have a disciplinary? Or any other kind of meeting?

No, no kind of disciplinary or meeting.
I turned up to work like normal the next day and he told me to do one.
(Don't think he actually knew about the text at this point. He definitely didn't mention it)

In the recent email from his business partner they have tried to make-out like they didn't sack me...? (They must be worried). And have said they were 'shocked I didn't turn up for work for the following days'.
Despite him clearly sacking me, and me having to clear my desk- they were still apparently expecting me back.

They would do anything to get out of it.

It's just the injustice of it all. I think we all know the type- they are very slippery and jammy and constantly get away with mistreating people.

bjo_2

Look at today,s date

Bee008

bjo wrote: »

Look at today,s date

1st of April...
...I wasn't sacked today.

moneyistooshorttomention

What evidence do you have of your employment there? (eg payslips).

I'm not sure of the law on this - but I would have thought sufficient evidence of having had this job would be deemed to be a form of "contract" in effect and you could sue for any missing salary.