Was this unfair?

llcooljayne1

Hi,

So it’s quite long so thank you if you take the time to read all this!

I have been with my employer for 15 months. I was initially employed as a spa manager (full time) and then told I need d to start doing marketing for the entire business (they also have a hotel and restaurant) as the so called spa wasn’t busy enough. I would like to add, there was no actual ‘spa’. I was told at interview they would be building facilities imminently and my position would be to manage this, it never happened. So I did as I was told and started doing marketing (they would not change or add this to my job description).

Months passed and they got rid of the general manager of the hotel. No idea why. She was just told to leave immediately. I had a good working relationship with her and this came as a total shock to both of us. So they started to gradually add extra tasks to my workload. I asked for a payrise and change of job description again as I was now running the hotel. I was told no and they had been overpaying me as a spa manager anyway, I should have basically been greatful! 

Then about 6 weeks ago, a new HR manager joined the business (we never had a HR person previously) and she had a meeting with every staff member to catch up and let them talk about any concerns etc. She said this was totally private and she was there to protect staff. So I had my chat and explained my concerns. Mainly that I was still being paid way under what I should have been considering all the work I had taken on and also that I was asked to do nightporter shifts on top of just doing my full day shift and that I wouldn’t be paid for it. I expressed my concerns about this as I am a single mother however I felt so pressured into it and felt my job was at risk If I said no. So stupidly I done this.

Fast forward to this Wednesday and I’m pulled into the office and told by the HR person that I am being let go, they don’t have to give me a reason and to just leave immediately.

I am so shocked and upset by this. I have no idea why or what I am supposed to have done. I know there is ALOT of malpractice within the company and have seen similar happen to other members of staff. 

I know I had been with them less than 2 years and have no leg to stand on, however I feel like I should have at least been given an explanation!

I’ve had no letter to outline pay/holiday owed etc.

are there any steps I can take or do I just need to suck it up and let it go

darrensurrey

Sorry to hear that. Sounds like a dream job has turned into a nightmare.

It is a hassle not having a job but it sounds like you're better off out and working somewhere else.

In hindsight, the manager being let go without warning was a red flag and you should have started job hunting back then. A lesson for us all more than anything! In fact, I wonder if that was their sneaky plan all along. Sack the GM who's paid more than you, then get you to do their job at a lower salary.

Oh another thing, HR managers are there to protect the business not the staff. Maybe when they leave school and do a degree in HR or start doing CIPD training, they think they're doing it for the good of employees but it's all about keeping businesses onboard with legislation ie protecting businesses.

For fun, you could ask if they could keep you and you'll take 20% less salary. If they say yes, then you say, only kidding but you now know it was always about the money. Or you take it but it gives you financial breathing space to get a new job.

TELLIT01

As you have been there less than 2 years you have very little in the way of employment rights.  Although being jobless is obviously a shock and worrying, it may actually have done you a favour in the long run.  You are free to seek new employment and will be available immediately.  If you stay in hospitality in the same area, it's almost certain that other establishments will either be aware, or have heard rumours, about the way the place you worked was run.

ButterCheese

Some people have absolutely no idea how to treat staff, and you are far better off somewhere else.  I know this does not help your situation.  You could persue this via Employment Tribunal but it would take a lot of your time, you'd probaby need a solicitor and by the sounds of it your employers would not play ball anyway. 

It's up to you how much time/energy you have.  Scumbags like your employer are allowed to get away with stuff like this because no-one has the time or money to challenge it.  But just to make it clear, based on what you have said on this forum, it is absolutely illegal what they have done.

They should at the very least have given you the notice period specified in your contract (which I doubt they even have record of).

LightFlare

As above - less than 2 years it matters not if it’s fair or not.

 Only if a protected characteristic was involved would any lines of recourse be available

Having a relative who has worked extensively in hospitality - it sounds as if you’ve had a lucky escape. Surprised you made/lasted 15 months.
I would be very surprised if the current managers/owners are still trading there in 12-18 months

FlorayG

Clearly you are better off out of there. Make sure to get a final settlement in writing that details all pay and holidays and make sure you get paid correctly - because that's for sure going to be their next move, to short you on final pay.
Sadly you need to be 'nice' throughout as you may need a reference for your next job. Write it off to experience I guess. I've had a bad employer like that in the past and they know all the tricks; best to just get out and try to forget the experience

Undervalued

llcooljayne1 said:

Hi,

So it’s quite long so thank you if you take the time to read all this!

I have been with my employer for 15 months. I was initially employed as a spa manager (full time) and then told I need d to start doing marketing for the entire business (they also have a hotel and restaurant) as the so called spa wasn’t busy enough. I would like to add, there was no actual ‘spa’. I was told at interview they would be building facilities imminently and my position would be to manage this, it never happened. So I did as I was told and started doing marketing (they would not change or add this to my job description).

Months passed and they got rid of the general manager of the hotel. No idea why. She was just told to leave immediately. I had a good working relationship with her and this came as a total shock to both of us. So they started to gradually add extra tasks to my workload. I asked for a payrise and change of job description again as I was now running the hotel. I was told no and they had been overpaying me as a spa manager anyway, I should have basically been greatful! 

Then about 6 weeks ago, a new HR manager joined the business (we never had a HR person previously) and she had a meeting with every staff member to catch up and let them talk about any concerns etc. She said this was totally private and she was there to protect staff. So I had my chat and explained my concerns. Mainly that I was still being paid way under what I should have been considering all the work I had taken on and also that I was asked to do nightporter shifts on top of just doing my full day shift and that I wouldn’t be paid for it. I expressed my concerns about this as I am a single mother however I felt so pressured into it and felt my job was at risk If I said no. So stupidly I done this.

Fast forward to this Wednesday and I’m pulled into the office and told by the HR person that I am being let go, they don’t have to give me a reason and to just leave immediately.

I am so shocked and upset by this. I have no idea why or what I am supposed to have done. I know there is ALOT of malpractice within the company and have seen similar happen to other members of staff. 

I know I had been with them less than 2 years and have no leg to stand on, however I feel like I should have at least been given an explanation!

I’ve had no letter to outline pay/holiday owed etc.

are there any steps I can take or do I just need to suck it up and let it go

Yes, you should have been given an explanation but this is one of those situations where there are no effective steps you can take to force that to happen. So it is a virtually meaningless "right" I'm afraid.

Savvy_Sue

I'd do my own calculations of what I was owed in terms of pay / holiday pay, and either 'wait and see' or send a letter along the lines of "following the meeting on x date on which I was told that I am being dismissed, I'd like to confirm that my final salary due to be paid on dd/mm will include my notice period of X months, plus the leave which I have accrued but not yet taken of Y days." 

Then at least they know you're aware. 

When you get a new job, make sure you join a trade union. You wouldn't have kept your job, but you would have had a hand to hold in ensuring you were paid what's owing to you. 

lincroft1710

The most important things to concentrate on are correct length of time for notice, correct pay including pay for untaken holidays and at least a neutral reference (LLcooljayne1 was employed from aa/bb/24 to cc/dd/25)

llcooljayne1

Thanks everyone. I appreciate the support and advice! I’ve sent an email over asking what I’ll be paid and what holiday they owe me so I can check it against my calculations.

im just so upset and confused by it all 😞

Marcon

ButterCheese said:

Some people have absolutely no idea how to treat staff, and you are far better off somewhere else.  I know this does not help your situation.  You could persue this via Employment Tribunal but it would take a lot of your time, you'd probaby need a solicitor and by the sounds of it your employers would not play ball anyway. 

It's up to you how much time/energy you have.  Scumbags like your employer are allowed to get away with stuff like this because no-one has the time or money to challenge it.  But just to make it clear, based on what you have said on this forum, it is absolutely illegal what they have done.

They should at the very least have given you the notice period specified in your contract (which I doubt they even have record of).

Pursue what? What is 'absolutely illegal'? There might be a breach of minimum wage legislation if OP was working unpaid shifts, but it's impossible to know in the absence of any figures.

OP (for whom I have great sympathy) was sacked on Wednesday without notice. That was only 2 days ago. Until they know what is happening in respect of holiday pay, notice pay etc, exactly what case does the employer have to answer?