Sacked for not doing overtime - grey area?

leew

Hi all,

Here goes, no idea about this really but just thought I'd throw it out there to maybe someone more clued up than myself!

Last Thursday I was coming towards the end of my 10hr shift - normally do 10hrs Mon-Fri as do most of the others unless of course you agree to do more - to add nothing stated in my contract regards compulsory overtime and not had any issues before.

I get a phone call towards the end of the day telling me to do another job which I and most right minded people will know will take me over 10hrs to which I say I won't have time which meets deaf ears really is best to describe it! after a bit of a heated debate shall we say!

I was told to return to the office to which I did and the time was 1615 - I am due off at 1630, nothing was said so I went home as per usual.

I got in the next morning at 630am and was told to clear my desk! reason given was 'I refused to do the work" to which I replied, no I didn't want any overtime but that didn't cut it.

I do feel very aggrieved to be honest, never been sacked in my life! I spoke to ACAS who said I haven't a chance with this because I've not been there 2yrs+ - 10mths I was there.

I know alot of my work colleagues were shocked and couldn't believe how they could just sack you on the spot in this instance.

Anyone have any thoughts please? probably wasting my time writing this but needed to hopefully get some opinions.

Thanks. 

El_Torro

Unfortunately I think that ACAS are right. Since you have worked there for less than 2 years you have very limited protection. They should at least pay you your notice period, since I doubt this qualifies as gross misconduct.

Where you could have a case is saying that your employer got rid of you because of discrimination against a protected characteristic. This does not seem to be the case here though.

HampshireH

"after a bit of a heated debate shall we say!"

Perhaps this was the issue.

leew

HampshireH said:

"after a bit of a heated debate shall we say!"

Perhaps this was the issue.

Well it was a standoff really with one party wanting one thing and the other a different outcome! nothing drastic. 

leew

El_Torro said:

Unfortunately I think that ACAS are right. Since you have worked there for less than 2 years you have very limited protection. They should at least pay you your notice period, since I doubt this qualifies as gross misconduct.

Where you could have a case is saying that your employer got rid of you because of discrimination against a protected characteristic. This does not seem to be the case here though.

Thanks for the comment, it does seem a little harsh to me but hey what do I know.

El_Torro

leew said:

El_Torro said:

Unfortunately I think that ACAS are right. Since you have worked there for less than 2 years you have very limited protection. They should at least pay you your notice period, since I doubt this qualifies as gross misconduct.

Where you could have a case is saying that your employer got rid of you because of discrimination against a protected characteristic. This does not seem to be the case here though.

Thanks for the comment, it does seem a little harsh to me but hey what do I know.

I don't disagree. Looking on the bright side if an employer is willing to treat an employee like this you might be best shot of them. Doesn't change the fact that you're now unemployed though.

Voyager2002

Thinking about "protected characteristics"... was the reason that you were unable to do overtime related to your skin colour; your gender; your sexuality; a disability (even a very minor one)? If you could make any kind of argument that you were the victim of indirect discrimination then they would need to prepare for a tribunal hearing, and that would be sufficient trouble for them to stop them doing this to anyone else.

Savvy_Sue

You say there's never been a problem before - is that because you've never been ASKED to do overtime at short notice before, or because you've never DECLINED to do overtime at short notice?

Are there any safety issues relating to the work not being done? 

Like the others, I don't hold out much hope for you, because of your short length of service. 

El_Torro said:

Unfortunately I think that ACAS are right. Since you have worked there for less than 2 years you have very limited protection. They should at least pay you your notice period, since I doubt this qualifies as gross misconduct.

Where you could have a case is saying that your employer got rid of you because of discrimination against a protected characteristic. This does not seem to be the case here though.

Your notice period, plus I believe any leave you've accrued but not taken. And the gross misconduct question: they might argue that it was, either because of safety issues in not doing the work, or the nature of the heated debate - if there was 'language' which the general public could overhear, or anything which might be construed as threatening in your behaviour, life becomes more difficult. 

Too much to hope that you're in a union?

Abbafan1972

what is a “protected characteristic” ? 

Emmia

Abbafan1972 said:

what is a “protected characteristic” ? 

Are you female, trans, gay, non white, disabled, believe in a minority religion... are married /unmarried -.are any of those a reason for this situation?

Or is it that you just didn't want to do the overtime?

https://www.gov.uk/discrimination-your-rights

NCC1701-A

leew said:

Hi all,

Here goes, no idea about this really but just thought I'd throw it out there to maybe someone more clued up than myself!

Last Thursday I was coming towards the end of my 10hr shift - normally do 10hrs Mon-Fri as do most of the others unless of course you agree to do more - to add nothing stated in my contract regards compulsory overtime and not had any issues before.

I get a phone call towards the end of the day telling me to do another job which I and most right minded people will know will take me over 10hrs to which I say I won't have time which meets deaf ears really is best to describe it! after a bit of a heated debate shall we say!

I was told to return to the office to which I did and the time was 1615 - I am due off at 1630, nothing was said so I went home as per usual.

I got in the next morning at 630am and was told to clear my desk! reason given was 'I refused to do the work" to which I replied, no I didn't want any overtime but that didn't cut it.

I do feel very aggrieved to be honest, never been sacked in my life! I spoke to ACAS who said I haven't a chance with this because I've not been there 2yrs+ - 10mths I was there.

I know alot of my work colleagues were shocked and couldn't believe how they could just sack you on the spot in this instance.

Anyone have any thoughts please? probably wasting my time writing this but needed to hopefully get some opinions.

Thanks. 

You normally do 10hr shifts 5 days a week? Did you opt out of the working time directive?

What does your dismissal letter say as the reason for terminating your contract? Is there an email chain for the disputed extra work/ overtime?