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  • FIRST POST
    Keepgoing
    Have I been wrongfully dismissed?
    • #1
    • 25th Oct 12, 8:11 PM
    Have I been wrongfully dismissed? 25th Oct 12 at 8:11 PM
    This evening 5.25pm my boss called me into his office and told me I was sacked. He said I had to clear up and leave right away. He gave a very vague reason about how the role hadn't turned out like they expected or was changing.

    I have worked there for 4.5 months. I have had great feedback and I know they have no issues with my performance or anything like that. I have no written contract (although I understand from employee law that that doesn't mean I don't actually have a contract, just that it's not written down).

    The boss said I'll be paid until the end of the month - four more working days.

    Obviously I'm in utter shock, but I want to know what my rights are? Even though I've been there less than 1 or 2 years, I know I still have some.
    Can they really shove me out the door in 10 minutes with no warning and for no reason?
Page 1
  • miduck
    • #2
    • 25th Oct 12, 8:14 PM
    • #2
    • 25th Oct 12, 8:14 PM
    Is he paying you for your notice period?
    • McKneff
    • By McKneff 25th Oct 12, 8:17 PM
    • 36,693 Posts
    • 47,365 Thanks
    McKneff
    • #3
    • 25th Oct 12, 8:17 PM
    • #3
    • 25th Oct 12, 8:17 PM
    As long as they pay you your contractual notice and any accrued holiday pay, they can sack you with a moments notice.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Keepgoing
    • #4
    • 25th Oct 12, 8:36 PM
    • #4
    • 25th Oct 12, 8:36 PM
    As I understand it, it's not as simple as that - they still can't sack you for no reason?

    As I have no real contract, is it just statutory notice that applies? Is that a week? In that case, as he's only paying me for 4 more days, I guess he isn't.
  • miduck
    • #5
    • 25th Oct 12, 8:40 PM
    • #5
    • 25th Oct 12, 8:40 PM
    As I understand it, it's not as simple as that - they still can't sack you for no reason?

    As I have no real contract, is it just statutory notice that applies? Is that a week? In that case, as he's only paying me for 4 more days, I guess he isn't.
    Originally posted by Keepgoing
    Yes, the notice period is a week.

    Wrongful dismissal occurs when an employer fails to follow a contractual disciplinary procedure. This does not appear to apply here.

    Do you have any kind of statement of your employment particulars?

    What do you want out of this?
    • McKneff
    • By McKneff 25th Oct 12, 9:34 PM
    • 36,693 Posts
    • 47,365 Thanks
    McKneff
    • #6
    • 25th Oct 12, 9:34 PM
    • #6
    • 25th Oct 12, 9:34 PM
    they can indeed sack you for any reason within 2 years of you starting your job.

    Obviously there are somethings that are not allowed, discrimination, pregnancy.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • CAB National Representative
    • #7
    • 26th Oct 12, 2:48 PM
    • #7
    • 26th Oct 12, 2:48 PM
    This evening 5.25pm my boss called me into his office and told me I was sacked. He said I had to clear up and leave right away. He gave a very vague reason about how the role hadn't turned out like they expected or was changing.

    I have worked there for 4.5 months. I have had great feedback and I know they have no issues with my performance or anything like that. I have no written contract (although I understand from employee law that that doesn't mean I don't actually have a contract, just that it's not written down).

    The boss said I'll be paid until the end of the month - four more working days.

    Obviously I'm in utter shock, but I want to know what my rights are? Even though I've been there less than 1 or 2 years, I know I still have some.
    Can they really shove me out the door in 10 minutes with no warning and for no reason?
    Originally posted by Keepgoing
    Hi Keepgoing - your right that you have a contract of employment, even if it's not a written contract (see our information on the Adviceguide website about contracts of employment for more details). We'd urge you to contact your local bureau and arrange for a telephone or face-to-face advice session for help and support on this, and to look at the details of your particular situation.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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