Fired for asking to volunteer, illegal??

EmmaM92

Hello
I apologise if I am posting this in the wrong place but I am looking for some advice or just opinions. 
I was recently fired during my probation period for no reason (positive & brilliant reviews/feedback, got along with everyone well, went the extra mile every day and did a lot more than ask, very proactive etc). 
I worked part time (3 days a week) and when the government asked for NHS volunteers, out of common courtesy I asked my CEO (small company of 40) if it would be ok for me to volunteer on my non working days. Her response was unbelievable. Not only was she rude, unprofessional and out of order, but she refused me volunteering and told me I should be grateful for being in a paid job and should focus my efforts on that rather than volunteering (not that it’s anything to do with her what I do on my days off). 
A few days later I was fired without notice, real reason and all they said was they couldn’t afford to pay me (an absolute lie). A few emails were exchanged but they asked me to stop contacting them and therefore I’ll never find out exactly why. 
I did some research and saw someone had said being told you can’t volunteer is illegal - and without a good reason to be fired during probation is also quite dodgy although not illegal. Does anyone have any advice here? I asked for Furlough then redundancy but they refused that too. 
Thank you
Emma

[Deleted User]

There's nothing dodgy about being let go during your probation period, unfortunately.

nicechap

EmmaM92 said:

Hello
I apologise if I am posting this in the wrong place but I am looking for some advice or just opinions. 
I was recently fired during my probation period for no reason (positive & brilliant reviews/feedback, got along with everyone well, went the extra mile every day and did a lot more than ask, very proactive etc). 
I worked part time (3 days a week) and when the government asked for NHS volunteers, out of common courtesy I asked my CEO (small company of 40) if it would be ok for me to volunteer on my non working days. Her response was unbelievable. Not only was she rude, unprofessional and out of order, but she refused me volunteering and told me I should be grateful for being in a paid job and should focus my efforts on that rather than volunteering (not that it’s anything to do with her what I do on my days off). 
A few days later I was fired without notice, real reason and all they said was they couldn’t afford to pay me (an absolute lie). A few emails were exchanged but they asked me to stop contacting them and therefore I’ll never find out exactly why. 
I did some research and saw someone had said being told you can’t volunteer is illegal - and without a good reason to be fired during probation is also quite dodgy although not illegal. Does anyone have any advice here? I asked for Furlough then redundancy but they refused that too. 
Thank you
Emma

Can you share where you found that?

Undervalued

EmmaM92 said:

Hello
I apologise if I am posting this in the wrong place but I am looking for some advice or just opinions. 
I was recently fired during my probation period for no reason (positive & brilliant reviews/feedback, got along with everyone well, went the extra mile every day and did a lot more than ask, very proactive etc). 
I worked part time (3 days a week) and when the government asked for NHS volunteers, out of common courtesy I asked my CEO (small company of 40) if it would be ok for me to volunteer on my non working days. Her response was unbelievable. Not only was she rude, unprofessional and out of order, but she refused me volunteering and told me I should be grateful for being in a paid job and should focus my efforts on that rather than volunteering (not that it’s anything to do with her what I do on my days off). 
A few days later I was fired without notice, real reason and all they said was they couldn’t afford to pay me (an absolute lie). A few emails were exchanged but they asked me to stop contacting them and therefore I’ll never find out exactly why. 
I did some research and saw someone had said being told you can’t volunteer is illegal - and without a good reason to be fired during probation is also quite dodgy although not illegal. Does anyone have any advice here? I asked for Furlough then redundancy but they refused that too. 
Thank you
Emma

Assuming you have been employed for more than a month you are entitled to a week's notice, unless your contract specifies more, plus payment for any untaken holiday but that is all I'm afraid.

It is not unusual to need your employer's permission to take on an additional job (including voluntary work) so it may well be "anything to do with her". However that is largely irrelevant as you can be dismissed for any reason (apart from unlawful discrimination) or no reason at all in your first two years of employment.

As far as I am aware being dismissed for "wanting to volunteer with the NHS" is not unlawful discrimination. The only protections I am aware of are to do with trades union duties or being elected to the local council etc.

They are not obliged to agree to any furlough request nor is any redundancy payable with less than two years service. 
 

TELLIT01

EmmaM92 said:

Hello
I apologise if I am posting this in the wrong place but I am looking for some advice or just opinions. 
I was recently fired during my probation period for no reason (positive & brilliant reviews/feedback, got along with everyone well, went the extra mile every day and did a lot more than ask, very proactive etc). 
I worked part time (3 days a week) and when the government asked for NHS volunteers, out of common courtesy I asked my CEO (small company of 40) if it would be ok for me to volunteer on my non working days. Her response was unbelievable. Not only was she rude, unprofessional and out of order, but she refused me volunteering and told me I should be grateful for being in a paid job and should focus my efforts on that rather than volunteering (not that it’s anything to do with her what I do on my days off). 
A few days later I was fired without notice, real reason and all they said was they couldn’t afford to pay me (an absolute lie). A few emails were exchanged but they asked me to stop contacting them and therefore I’ll never find out exactly why. 
I did some research and saw someone had said being told you can’t volunteer is illegal - and without a good reason to be fired during probation is also quite dodgy although not illegal. Does anyone have any advice here? I asked for Furlough then redundancy but they refused that too. 
Thank you
Emma

Actually you are wrong there.  Many companies have it in their contract of employment that permission must be obtained before taking on a second job.  As you have been with the company less than 2 years you have little in the way of employment protection or security.  You can be pretty much fired at will, without any explanation.

I don't know where you are finding you information about dismissal but it doesn't seem to be very accurate.  You also have no entitlement to redundancy due to the short time you have been with them.  It is also up the company to decide whether or not they want to furlough staff.

Masomnia

I actually think you can bring a claim for unfair dismissal in these circumstances. Worth contacting ACAS as a first step I think.

Undervalued

Masomnia said:

I actually think you can bring a claim for unfair dismissal in these circumstances. Worth contacting ACAS as a first step I think.

On what do you base that?

Even in the very unlikely event that she might have a claim, I very much doubt the OP has been given a reason (in writing) for her dismissal. Standard legal / HR advice would be not to with less than two years service. There is no legal mechanism to force an employer to state a reason. Not doing so makes it harder for the employee to play the "discrimination card" even if there was one to play.

Masomnia

Coronavirus Act 2020.

DCFC79

Its a shame your in this position, if you had kept quiet you would still have a job.
Nothing wrong with being dismissed soon into the job.

Undervalued

Masomnia said:

Coronavirus Act 2020.

But that relates to taking leave from your employment, which wasn't what the OP was seeking to do.

OK, a year or so down the line, lawyers could possibly argue about it but, as I said above, even if that was a protection how is the OP going to prove that was the reason for their dismissal? The only reason the OP has been given (she doesn't say if it was in writing) was that they could no longer afford to pay her.

Well above the ACAS call centre's pay grade advising on that one!

Masomnia

Undervalued said:

Masomnia said:

Coronavirus Act 2020.

But that relates to taking leave from your employment, which wasn't what the OP was seeking to do.

OK, a year or so down the line, lawyers could possibly argue about it but, as I said above, even if that was a protection how is the OP going to prove that was the reason for their dismissal? The only reason the OP has been given (she doesn't say if it was in writing) was that they could no longer afford to pay her.

Well above the ACAS call centre's pay grade advising on that one!

Ha yes it certainly is.

Agreed it states about taking leave, although it also covers where employers believe they might take leave and so on, so it is quite broad. I think the intention of the legislation is clear that it protects people who want to go and volunteer. 

As you're fond of saying yourself the OP does not have to 'prove' that the main reason for dismissal was wanting to go and volunteer, but they do need to persuade a judge of that on the balance of probabilities. So you have an employee who has good reviews all the time they are there, states that they want to go and volunteer, and then is dismissed 'for no reason'...

Anyway I'm certainly not saying they'll win, but I don't think it's without foundation and certainly not as straightforward as the usual not got 2 years so no chance.