Instant dismissal over phone

flick24

I've been dismissed from my job of six months following four weeks off due to anxiety/depression partly caused by work. I returned to work then had two weeks holiday, I attended training whilst on a/l, I had a major panic attack the night before I was due to return so called in sick,my manager called asking me to go in to see her immediately I couldn't as had hospital appointment so I arranged to call her the next day to arrange a meeting, She rang before I got a chance and we agreed to meet the next morning, ten minutes later she rings back and just says sorry spoke to the director don't bother coming in drop off your uniform and that was it. I'm so upset by this I work in the care industry which is the irony because I have received no support my manager had never even spoken to me before till she. Shouldn't they have to follow the procedure before instant sacking me over the phone do they have to pay me the weeks notice even though they didn't want me to come in.

YouAsked

flick24 wrote: »

I've been dismissed from my job of six months following four weeks off due to anxiety/depression partly caused by work. If work is contributing, what did you envisage the long term situation being? I returned to work then had two weeks holiday, I attended training whilst on a/l, I had a major panic attack the night before I was due to return so called in sick,my manager called asking me to go in to see her immediately I couldn't as had hospital appointment Did your manager have prior notice of this or did you drop it into conversation? I am assuming as hospital appointment it must have been known about in advance? so I arranged to call her the next day to arrange a meeting, She rang before I got a chance and we agreed to meet the next morning, ten minutes later she rings back and just says sorry spoke to the director don't bother coming in drop off your uniform and that was it. I'm so upset by this I work in the care industry which is the irony because I have received no support my manager had never even spoken to me before till she. Shouldn't they have to follow the procedure have you read the procedure? What does it say should happen?before instant sacking me over the phone do they have to pay me the weeks notice even though they didn't want me to come in.

More knowledgaeble people than me will comment but yes, I think they do need to pay you one week's notice unless you have been fired for gross misconduct - check your contract.

It's hard to say whether they have erred procedurally as none of us will know what the procedure is, but judging from what you have said above (anxiety, depression, work contributing to this, panic attack at thought of going back to work) - is a protracted process REALLY in your best interests?

Sorry - there are typos in this!

Guest101

Yes they can do this, however as it's verbal and you are entitled to a written dismissal notice (+ PILON and Holiday pay) I'd go in as scheduled and wait to be formally dismissed.

flick24

Thanks for the replies I have started antidepressants which had improved my feelings, they phoned and wanted me to come in immediately they didn't know about the appointment as it was my day off anyway. I have read through it and they don't seem to have followed any of it they only dismiss instantly for gross misconduct I'm supposed to be able to have a meeting first we had arranged one then she rang back changing her mind so I've had no opportunity to explain.

Undervalued

Guest101 wrote: »

Yes they can do this, however as it's verbal and you are entitled to a written dismissal notice (+ PILON and Holiday pay) I'd go in as scheduled and wait to be formally dismissed.

Theoretically yes although there is noting you can do about if they don't provide one.

Certainly entitled to one week's pay in lieu of notice plus payment for any untaken holiday. The OP could sue for this in the small claims court if necessary.

YouAsked

flick24 wrote: »

Thanks for the replies I have started antidepressants which had improved my feelings, they phoned and wanted me to come in immediately they didn't know about the appointment as it was my day off anyway. I have read through it and they don't seem to have followed any of it they only dismiss instantly for gross misconduct I'm supposed to be able to have a meeting first we had arranged one then she rang back changing her mind so I've had no opportunity to explain.

Seems clear then. Hopefully someone will post on tactics to deploy!

Guest101

Undervalued wrote: »

Theoretically yes although there is noting you can do about if they don't provide one.

Certainly entitled to one week's pay in lieu of notice plus payment for any untaken holiday. The OP could sue for this in the small claims court if necessary.

Agreed, but not turning up could be worse if they defend any claim but saying OP breached contract and they suffered a loss

flick24

Can they demand I come in that day to see them I'm upset and angry it was the way they spoke to me making out I was lying when I have letter from hospital the appointment was for my son not me and it was my day off, to then agree an appointment the next day then phone back to say don't bother.

Guest101

flick24 wrote: »

Can they demand I come in that day to see them I'm upset and angry it was the way they spoke to me making out I was lying when I have letter from hospital the appointment was for my son not me and it was my day off, to then agree an appointment the next day then phone back to say don't bother.

They didn't demand that. They sacked you. They are entitled to do this.


Whether you came in or not, clearly they were always going to do this.


- I do think you need to grow a professional skin though

sangie595

I'm sorry, but there are no tactics to deploy here. And I am really sorry, an awful lot about the way this was done (although it doesn't surprise me, since the care industry is often far from caring anyway), but whatever the rights and wrongs of this, this is the only outcome that could have been expected. One thing that is pretty important from employees in the care industry is reliability. They may be pretty crappy employers (not all, but may) but people depend on the services that are provided by their employees. Having been absent from work for one months out of the six that you have been employed does not fulfil that requirement of reliability; and if the work was contributing to this situation, then it would seem that, for your own sake, this outcome was probably the only realistic one available. It wouldn't be any good for you to continue working in this environment; and it wouldn't be good for the clients to have you disappearing on them because you don't feel able to continue to attend work.

The realty is that even a good employer would probably have dismissed at this point - they just might have dragged it out a bit longer playing with the processes. But it would have come to the same thing.

Make sure that you get paid whatever is owed to you, and move on. The effort you might put into trying to change anything, given the situation now, is better spent on finding employment which is better for you. And with nice employers, one would hope.

YouAsked

Just to clarify "tactics to deploy" was in relation to being paid what was owed rather than hoping to negotiate the job back!