Contract ended for applying for a job

louis04

Hello, 

So I’m just wondering if anyone can help or advise with this rather bizarre situation. 

I have been working for a company for just over 2 months now as a part time admin. I care for my grandmother who is elderly which is why I do part time. 

I realised after a month of being in the company that things weren’t quite right, it is an independent company and ran by the owners 2 young sons. I started to notice a lot of bullying, aggressive behaviours, and being told by my colleagues that the company tries to charm you, and then once your in they will do things to get you to breaking point and then slip you extra money to make you quiet and that if you ever ask for any praise you will be threatened. I then noticed they started to just sack people on the spot that they weren’t happy with. 

All this concerned me as I soon felt quite uncomfortable. 

Now 2 days before I started this job my grandmother took seriously ill, she had a stroke and is becoming blind due to it. At first I was managing to still look after her and work my 3 full days.

However, about 2 weeks ago she started to decline again, and I noticed a job that came up, it was shorter days which meant I could dedicate more time to caring. I applied for it and asked them not to reference my current employer (they said that unless you state this they will reference upon receipt of application). 

Well they didn’t listen to me and they referenced my current employer. 

So the other day I got took into the office and was told that my contract was being ended and to leave the premises due to applying for a job. 

I informed them that my personal circumstances have changed and that I feel I need to look for something that is flexible with working hours and days. 

They said that if I had told them this they would have let me decide how I would have liked to do things but I know if I had told them they would have dismissed me 2 weeks ago. 

They said my work ethic could not be questioned and that I fitted in well and not to take it personal but they find it deceitful to apply for a job and not tell them that I was going to apply for a job. 

As you can imagine, I couldn’t really believe what I was hearing as in my previous jobs I have only informed my manager once I accept a new position of which all my managers would take me in the office, ask if there is anything they can do to make me stay and once we have the discussion they accept the notice and life continues. 

Now after reading up on the company (wish I did this before I ever accepted the job) there have been many people who have said they are dangerous, they sack people all the time on the spot, and if you request your pay that you’re due, they tell you that they are taking you to court for stealing and that they will make lies about you. 

In my contract it says I’m entitled to the salary that I have worked for plus my 2 days holiday that I’m owed. 

They also took a week in hand when I started. So I worked a week for free and was told I would get this back if I leave the company, but the week in hand isn’t in the contract and I was only informed about it after I had realised that I wasn’t paid for a weeks work. 

Now I’m aware that I don’t have many rights with me not being there for 2 years or more. 

How would you handle this situation and how would you move forward with future employment as what they have done almost doesn’t even seem believable. 

Also, the job that I have applied for, I specifically said to not contact my current employer, and they have gone against it and due to this I’ve lost my job. 

Do I have any rights and what should I do moving forward? 

Thank you. 

Marcon

louis04 said:

Hello, 

So I’m just wondering if anyone can help or advise with this rather bizarre situation. 

I have been working for a company for just over 2 months now as a part time admin. I care for my grandmother who is elderly which is why I do part time. 

I realised after a month of being in the company that things weren’t quite right, it is an independent company and ran by the owners 2 young sons. I started to notice a lot of bullying, aggressive behaviours, and being told by my colleagues that the company tries to charm you, and then once your in they will do things to get you to breaking point and then slip you extra money to make you quiet and that if you ever ask for any praise you will be threatened. I then noticed they started to just sack people on the spot that they weren’t happy with. 

All this concerned me as I soon felt quite uncomfortable. 

Now 2 days before I started this job my grandmother took seriously ill, she had a stroke and is becoming blind due to it. At first I was managing to still look after her and work my 3 full days.

However, about 2 weeks ago she started to decline again, and I noticed a job that came up, it was shorter days which meant I could dedicate more time to caring. I applied for it and asked them not to reference my current employer (they said that unless you state this they will reference upon receipt of application). 

Well they didn’t listen to me and they referenced my current employer. 

So the other day I got took into the office and was told that my contract was being ended and to leave the premises due to applying for a job. 

I informed them that my personal circumstances have changed and that I feel I need to look for something that is flexible with working hours and days. 

They said that if I had told them this they would have let me decide how I would have liked to do things but I know if I had told them they would have dismissed me 2 weeks ago. 

They said my work ethic could not be questioned and that I fitted in well and not to take it personal but they find it deceitful to apply for a job and not tell them that I was going to apply for a job. 

As you can imagine, I couldn’t really believe what I was hearing as in my previous jobs I have only informed my manager once I accept a new position of which all my managers would take me in the office, ask if there is anything they can do to make me stay and once we have the discussion they accept the notice and life continues. 

Now after reading up on the company (wish I did this before I ever accepted the job) there have been many people who have said they are dangerous, they sack people all the time on the spot, and if you request your pay that you’re due, they tell you that they are taking you to court for stealing and that they will make lies about you. 

In my contract it says I’m entitled to the salary that I have worked for plus my 2 days holiday that I’m owed. 

They also took a week in hand when I started. So I worked a week for free and was told I would get this back if I leave the company, but the week in hand isn’t in the contract and I was only informed about it after I had realised that I wasn’t paid for a weeks work. 

Now I’m aware that I don’t have many rights with me not being there for 2 years or more. 

How would you handle this situation and how would you move forward with future employment as what they have done almost doesn’t even seem believable. 

Also, the job that I have applied for, I specifically said to not contact my current employer, and they have gone against it and due to this I’ve lost my job. 

Do I have any rights and what should I do moving forward? 

Thank you. 

You have a right to be paid for work you've done, but I'm afraid that's all. See https://www.acas.org.uk/if-your-wages-are-not-paid

There's unlikely to be anything you can do about your potential employer contacting your current employer for a reference, despite your asking them not to.

Moving forward, being honest is probably your best bet, but keep it brief and factual. The sad deterioration in your grandmother's health could certainly explain why your wanted to move.

Undervalued

As above, you are entitled to be paid for all hours worked.

You are also entitled to be paid for any accrued but unused holiday (roughly one day's holiday for every two weeks worked).

Regarding the reference, broadly it is not unlawful, in itself, for anyone to contact a company and ask for a reference as long as they don't lie and claim to have your permission when that is not true. Whether the company should reply without being assured of your consent is another matter. I see little to be gained by pursuing this.

Given the short time you were employed the company could perfectly lawfully have terminated your employment for any reason (or no reason at all) providing the real reason doesn't amount to unlawful discrimination. In theory you are entitled to a written statement of their reasons, but in practice there is no useful legal redress if they fail to provide one.

Wyndham

What an awful situation! Unfortunately, as others have said, I don't think there is much you can do.

But, I also think you'll be better off out of there. What an appalling company!

Marcon

Undervalued said:

As above, you are entitled to be paid for all hours worked.

You are also entitled to be paid for any accrued but unused holiday (roughly one day's holiday for every two weeks worked).

Regarding the reference, broadly it is not unlawful, in itself, for anyone to contact a company and ask for a reference as long as they don't lie and claim to have your permission when that is not true. Whether the company should reply without being assured of your consent is another matter. I see little to be gained by pursuing this.

Given the short time you were employed the company could perfectly lawfully have terminated your employment for any reason (or no reason at all) providing the real reason doesn't amount to unlawful discrimination. In theory you are entitled to a written statement of their reasons, but in practice there is no useful legal redress if they fail to provide one.

Only if you have at least two years' employment with the employer.