Just been fired - advice please

debthelp1

Do I have any grounds for grievance?

Background: I don't drive and there is no public transport available to the office as it sits on a remote farm. I was offered the role and informed them I cant take it due to location. However, it turned out one of the staff lived near me and would be happy to car share. This only half worked because she started at 7.30am and my hours were 9-4.30, enabling me to leave with her at 4.30pm. To get there in the morning my partner would have to drive me in for 9am as she works at home, starting at 9.30pm and it was a half hour drive. On the occasions she couldn't I would have to get in with my colleague and start at 7.30am.

So I started as a temp at a company where three people had suddenly left all in the same month. I was basically doing everything myself, working long hours etc and was told on many occasions that I had saved them from the department collapsing.

I was then offered the role on a permanent basis back in June but told them straight up that my partner was feeling the strain of the commuting and I can't commit to them long term. They countered that by buying me a laptop and offering me the chance to remote work when she was unable to drive me. I verbally agreed this with all three company directors. We all seemed to be very happy all round. My contract does not even mention WFH in any way.

Since then, however, a new manager started and hired two people out in India to do the day to day stuff. My role was suddenly very diluted and I had a feeling it wasn't going to end well. Then a month or so ago my partner suffered something traumatic and she was really struggling with it and I was working from home more often. Then I also started to struggle with what had happened and was signed off by the GP for two weeks.

My first day back was meant to be Wednesday and in a return to work call the night before I asked to work from home as my partner couldn't bring me in. They said no and I must be at a train station a few miles away for 8am where someone would pick me up. I agreed to do that but I made a mistake there as it was playing on my mind all night. I emailed Weds morning to say in fact I wouldn't be there as I felt they were pressuring me and moving the goalposts regards WFH.

So I went in last Thursday instead as she could take me and once I sat down, I had an email 20mins later from the HR director. It stated they were concerned I felt WFH was my right and that it wasn't and all remote access was now disabled. The email ended "If you dont work your full day on Friday 18th at the office you will be deemed to have failed your probation and contract terminated. I replied again saying I felt they had used me for all those weeks doing long hours and now the staffing situation was better, that they were forcing me out. I got signed off by my GP on Friday morning for a week after going to see him about the stress they had caused me with that threat.

This morning I got an email saying I had failed my probation for not attending the office and that I had misrepresented the agreement to allow WFH. How can I misrepresent it? I either can or I can't and it was agreed if I can't get a lift in the morning I could WFH. It also stated due to my emails in response, the working relationship has broken down.

I fear I am screwed but if anyone knows of anything I could do, please share.

Ayr_Rage

It doesn't sound like you and the company are a good fit by any stretch of the imagination.

WFH was never agreed formally so they can reasonably expect you in the office and it would seem, from an outside point of view and by your own admission, email exchanges have been somewhat heated.

Probably best to move on.

lincroft1710

Just ensure you are correctly paid for all the hours you have worked and look for a job to which you can easily travel.

Jemma01

I'm not sure what you are after now, I don't suppose you want to go back?

It reads as if you might have taken it too far with absences, esp as you talk about weeks of your partner being unwell, they gave you a warning, but yet you still decided to rebel. Going to the GP was unnecessary, they need you in the office, go to the office, if you don't like it, hand your notice in.

Not trying to be difficult, and I genuinely sympathise as losing one's job is not great, esp as you need references for the next one, but GP notices should not be used to force a WFH order.

vacheron

How long ago have you been employed at this job? Because if it is less than 2 years they can pretty much terminate your contract for no reason whatsoever.

You mention probation towards the end of your message, this is usually only 3-6 months.

If more than 2 years, you could claim for unfair dismissal. But is it worth it as as mentioned above the job does not seem right for you or your circumstances, or for the employer for that matter.?

Undervalued

https://forums.moneysavingexpert.com/discussion/comment/82143967#Comment_82143967

Given that the OP talks about being on "probation" they are very unlikely to have two years service.

Vitor

I think the problem OP has is that, however badly this may have been handled, OP appears to have very little service.

Unless there is something else going on such as discrimination, a statutory flexible working request, whistleblowing etc, you normally need two years' service to claim ordinary unfair dismissal. So they do not necessarily need to prove that you genuinely “failed probation”.

Altior

No, relying on lifts is never sustainable. The person taking you home could leave, be ill, away, whatever. Aside from the person connected with you needing to be available too.

Your side of the story is that your circumstances changed, and you're saying your partner was no longer going to be able to drive you in. It's you that has not been able to keep to your informal agreement, not them. You may feel that's not your fault, but it's certainly not theirs.

What's behind not driving?

elsien

https://forums.moneysavingexpert.com/discussion/comment/82143975#Comment_82143975

They say they were given a permanent contract in June. Before that they were a temp.

LightFlare

Has something significant health related happened since last year meaning you now cant drive ?

Alfrescodave

https://forums.moneysavingexpert.com/discussion/comment/82144198#Comment_82144198

OP stated in first post that they don't drive. Now might be a good time to address this