I was unfairly dismissed, and dismissed again

TheLegendaryN

Hi.

I have been working with one of the biggest retailers in the world. I started working on a 12-week temporary contract. The contract was not formally renewed when it ended but I continued to work there. after 5 months of service, they suddenly gave me a weeks notice.

I appealed the week's notice and got my union to step in for me. The employer broke various laws, which they accepted. I transferred to a store closer to my house, as I did not feel comfortable working in the store when my rights were violated.

I started work in my new store with a 14-week contract. Before the transfer, I raised a query with my pay, and my manager accepted I had been paid the wrong amount. On the next pay slip, I only received some of the money, I was supposed to get. I raised this with my new personnel manager, who barely did anything to help me. Last week (4 months after my transfer/9 months working for the company), I got a bit annoyed that I still did not receive my money. So, I emailed the CEO of the company, who then told my personnel manager to sort it out. The next shift at work (Friday 13th January 2017), I was called to the office with a meeting with my personnel manager and my line manager, and I got told off for speaking with the CEO.

As I went over the personnel managers head, she didn't like it. She also ended my temporary contract on that day without notice. I told her that I have to have a notice period before you end my contract. She said, your 14-week contract ends today, so your last day is today. After showing her a policy from the company handbook, she gave me a weeks notice. According to my employer's policy, I am supposed to get 4 weeks notice.

The store I am currently at has internal vacancies, and my personnel manager said I can not apply to them jobs, as they are only for permanent employees.

Since the meeting where I wasn't offered any representation, I have contacted the CEO telling him about the situation. It's been two days, but I haven't heard back from him

The general rule with my employer is after 6 months of service, you are made permanent or your temporary contract is terminated. I have been working here for 9 months, and nothing has happened.

I have never had a disciplinary or had any problems with anyone at work. I am a high performer according to my records, and I have thanked by all of my team leaders, who are supporting me during this difficult time.

I have spoken with my union, but they told me to email the personnel managers boss. I have sent an email a few minutes ago, but I doubt that she will care as all the managers protect each other.

The main issues I need help with is:
1. How do I go about with this
2. Are there any laws that protect me from this
3. Can she use personal vendetta to get rid of me
4. If all else fails, what are the chances I will win an employment tribunal case for the manager failing to follow procedure? As the procedure forms part of my contract, has she breached my employment contract?

According to the termination of contract letter, my end date (with 1-week notice), is this Friday 20th January 2017

k3lvc

TheLegendaryN wrote: »

Hi.

I have been working with one of the biggest retailers in the world. I started working on a 12-week temporary contract. The contract was not formally renewed when it ended but I continued to work there. after 5 months of service, they suddenly gave me a weeks notice.

I appealed the week's notice and got my union to step in for me. The employer broke various laws, which they accepted. I transferred to a store closer to my house, as I did not feel comfortable working in the store when my rights were violated.

I started work in my new store with a 14-week contract. Before the transfer, I raised a query with my pay, and my manager accepted I had been paid the wrong amount. On the next pay slip, I only received some of the money, I was supposed to get. I raised this with my new personnel manager, who barely did anything to help me. Last week (4 months after my transfer/9 months working for the company), I got a bit annoyed that I still did not receive my money. So, I emailed the CEO of the company, who then told my personnel manager to sort it out. The next shift at work (Friday 13th January 2017), I was called to the office with a meeting with my personnel manager and my line manager, and I got told off for speaking with the CEO.

As I went over the personnel managers head, she didn't like it. She also ended my temporary contract on that day without notice. I told her that I have to have a notice period before you end my contract. She said, your 14-week contract ends today, so your last day is today. After showing her a policy from the company handbook, she gave me a weeks notice. According to my employer's policy, I am supposed to get 4 weeks notice.

The store I am currently at has internal vacancies, and my personnel manager said I can not apply to them jobs, as they are only for permanent employees.

Since the meeting where I wasn't offered any representation, I have contacted the CEO telling him about the situation. It's been two days, but I haven't heard back from him

The general rule with my employer is after 6 months of service, you are made permanent or your temporary contract is terminated. I have been working here for 9 months, and nothing has happened.

I have never had a disciplinary or had any problems with anyone at work. I am a high performer according to my records, and I have thanked by all of my team leaders, who are supporting me during this difficult time.

I have spoken with my union, but they told me to email the personnel managers boss. I have sent an email a few minutes ago, but I doubt that she will care as all the managers protect each other.

The main issues I need help with is:
1. How do I go about with this
2. Are there any laws that protect me from this
3. Can she use personal vendetta to get rid of me
4. If all else fails, what are the chances I will win an employment tribunal case for the manager failing to follow procedure? As the procedure forms part of my contract, has she breached my employment contract?

According to the termination of contract letter, my end date (with 1-week notice), is this Friday 20th January 2017

Irrespective of the rest of it (for which you've no rights within the first 2 yrs unless under a protected criteria (disability/sexual/age etc) the bits in red made me :rotfl: - as a junior on probation for one of the largest retailers in the world you managed to get hold of the CEO and he intervened on your behalf :rotfl: :rotfl:

annandale

What are you taking them to tribunal over? Are you aware that it now costs to lodge a claim to tribunal? You are on a temp contract. Less than two years service. You'll get nowhere at tribunal

They have terminated your contract. I don't think you've done yourself any favours

xapprenticex

Walk away, nice one getting the CEO though, i like it. But bear in mind, that will get you fired in most jobs under your circumstances.

pinkshoes

I cannot see any discrimination here, so your dismissal was fair - with less than two years of service they can get rid of you at any point.

I can see why going to the CEO annoyed your boss! How did you raise the issue with your boss about the wrong pay? Did you put this in writing with a time limit for the outcome? I fear your contact with the CEO was a little premature...

Was the 4 weeks notice for permanent employees or anyone? Private companies I have worked for do not offer the same T&Cs for those on fixed terms.

I would take this a case of "your face didn't fit" and move on.

agrinnall

I'm not really that surprised that you got fired, nobody likes to have a smart-aleck troublemaker working for them. I very much doubt if the CEO ever saw your email, I'd imagine one of his lackeys got in touch with your boss to keep you off the CEO's back, if you think the CEO knows of your existence you're fantasizing.

Move on and find another job, and at this one learn from your experience at the last one that there are ways to do things that will achieve what you want without annoying your superiors.

TheLegendaryN

pinkshoes wrote: »

Was the 4 weeks notice for permanent employees or anyone? Private companies I have worked for do not offer the same T&Cs for those on fixed terms.

I would take this a case of "your face didn't fit" and move on.

1 week notice in first 12 weeks of temp. After 12 weeks it is 4 weeks notice

TyreLever

What retailer is it? Sounds like Tesco.

TheLegendaryN

The reason why my appeal when I first got dismissed went through was because various laws were broken.
Laws which include, Fixed Term Employees (prevention of less favorable treatment) regulation 2002, Data Protection act 1998 and Employment Rights act 1996.

It all started when my manager dismissed me in an open warehouse, where staff was present. and when I asked for representation, she didn't give it me. Before the manager dismissed me they checked with wages if I was contributing to any union (directly from my pay), wages said I am not. After the manager knew I wasn't part of the union she dismissed me. I pay my union fees through direct debit, so they wouldn't know anyway.

I am not naming the retailer for legal purposes

Bogalot

You sound like a nightmare employee.

What laws do you claim they have broken?

TheLegendaryN

Bogalot wrote: »

You sound like a nightmare employee.

What laws do you claim they have broken?

Honestly, I haven't had any problems with anyone. The reason I brought it to the attention of the CEO was because, when I got transferred, all the times when I clocked in to work went missing. and because they went missing, the manager told me that theres no proof, I worked the hours I claimed to work. I contacted the CEO if it was possible if there was copies avaiable for the data. I didn't accuse my manager or anyone