Employment law and unfair dismissal
My contract with the company I was working for was terminated just over three weeks ago. Today I received a letter informing me that I would receive pay for my notice period of one week. This was a grand total of £250. Underneath this the statement said holidays payments would be deducted ( -5.26 days which comes to £442). It then went on to say that I owed them and have an employee debt of £192!!! WHAT? How the hell did that happen? Since when was five days days holiday worth more than 5 days working? Does this make any sense to anyone?
they simply terminated my employment...
The notice payment wasn't the only issue I had. I decided to speak to ACAS to report them for unfair dismissal because they simply terminated my employment one cold wet Friday morning and I wasn't given any opportunity to appeal. At the time I just packed up my desk and walked away thinking they can do that. However, someone at the job centre said to me that they can't do that with out a series of written and verbal warnings. As an employee I had rights (or so they thought).
Anyway, I had a chat with ACAS about my situation and it really opened my eyes about a few things. For example, if you work for a company, any company for less than a year they can get rid of you and you won't have the same rights in an unfair dismissal claim as someone who had been there a few months longer. Now how bad is that.. seriously? As far as my job goes, I had a 3 month probational period and did very well during that and after. I had absolutely no problems with my employer and they seemed happy with my work. Two weeks short of that year though and I'm out on my ear!!
It's not just a tough for those of you out there looking for work, it's even tougher now trying to stay in a job without your employer taking advantage of the system. Current employment law is not fair on workers at all! "For unfair dismissal claims, an employee must have one year's continuous service." - twelve months is a very long time!
Comments from visitors
Hi , I have been working for this company, for 20 yrs , some employees , that have a few years with the company 10 , 12, and 8 yrs , we all got a letter statting are we have 8 weeks left, then you are dimissed from your job , BUT you are to be rehired the next day , and start , new again as a new employee , and this just happend 4 of us had to sign a letter stating , are start day , i just lost out of 20 yrs with the company, and start fresh again , CAN THEY DO THIS ?
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KKK - 30-Nov-12 22:51
I have been here 14 yrs and there's a total of 4 employees that got hired after i did now there's a rumor that i may be laid off due to financial hardship,but why me i have been here a long,i think its because i'am the second to get pay the highest,but yet everyone else has been here like atleast 2 to 3 three yrs long only is that legal?
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dazel - 7-Jul-12 01:02
My husband walked out of his job last week as he felt he was being treated diiferently to other employees and being given the more difficult tasks on a daily basis. He rang the company 2 days later to apologise and ask where he stood in regards to his job. He was told by the owner of the company that as he had walked out, he didnt have a job to go back to. Can they do this? Surely they should try and resolve his grievances...he has an exemplary work record with no warnings and no-one has ever said they are unhappy with his work??
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lisads - 19-Sep-11 16:58
I'm in the same position, continually harrased at work and told to leave, and this started after I refused to sleep with the person! Yet been there 9months so have no rights! It makes me sick! This law NEEDS to change! Causing so much unhappiness to people!
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GRoo - 3-May-11 13:34
@ gobacktoschool
For such an educated person such as your self, you sure are ignorant and arrogant. Ever heard of a condition called dyslexia? well its what some people suffer causing them to suffer at school, not all people who can't spell correctly or use grammar are people who just "trashed" their school time. you know some people have learning difficulties. So with all your knowledge and wisdom, why dont you do somthing usful instead of "trashing" people on the internet and being an internet tough guy.
oh and I wish cancer upon you
/peace
For such an educated person such as your self, you sure are ignorant and arrogant. Ever heard of a condition called dyslexia? well its what some people suffer causing them to suffer at school, not all people who can't spell correctly or use grammar are people who just "trashed" their school time. you know some people have learning difficulties. So with all your knowledge and wisdom, why dont you do somthing usful instead of "trashing" people on the internet and being an internet tough guy.
oh and I wish cancer upon you
/peace
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vexin - 11-Mar-11 18:04
Our firm is increasing the rate at which it is bullying its staff in the UK and Europe, largely because it wants us to leave, so that they can hire cheapo labour further afield, like Egypt, India and Chile. This must be declared a crime, with million pound compensations being given.
The bullying consists of not listening to us, increasing the very detailed monitoring of our everyday work, no promotions, no payrises for 5 years, ignoring what we say, disrespect to and for our professional status and educational level, actions which cause us prolonged negative stress, complete mistrust between management and staff.
In fact everything listed here
http://www.bullyonline.org/workbully/amibeing.htm
and here
http://www.bullyonline.org/workbully/bully.htm
Corporate, Insitutional and regulation bullying encouraged by the top management.
This firm has also bought up every rival in the industry so there is nowhere else to go. They have created a nasty employment monopoly.
The bullying consists of not listening to us, increasing the very detailed monitoring of our everyday work, no promotions, no payrises for 5 years, ignoring what we say, disrespect to and for our professional status and educational level, actions which cause us prolonged negative stress, complete mistrust between management and staff.
In fact everything listed here
http://www.bullyonline.org/workbully/amibeing.htm
and here
http://www.bullyonline.org/workbully/bully.htm
Corporate, Insitutional and regulation bullying encouraged by the top management.
This firm has also bought up every rival in the industry so there is nowhere else to go. They have created a nasty employment monopoly.
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Capitalist Greed Causes Bullyi - 5-Feb-11 10:51
What can you say? the Govt is in the pockets of the employers, hoe else can you explain the move to increase the period to 2 years?
Government ministers have a short career so they keep open all the channels to business and do favours when asked so they gain a better chance of getting a proper job when the gravy train hits the buffers
Government ministers have a short career so they keep open all the channels to business and do favours when asked so they gain a better chance of getting a proper job when the gravy train hits the buffers
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Tinker - 4-Feb-11 14:05
Agreed its not very good employee rights should start from day one after all the employers rights do. Having said that I guess studying the contract before hand helps. I was in the same situation fortunately my contract stated a much longer notice period I checked it before I signed it. Having said that there are alot of companies that employ people and get rid of them just before the 12 month watershed its cheaper than employing contract staff when you can hire people on permanent rates which are much lower.
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John - 15-Dec-10 22:29
Employers dont have to get rid of you they can do it a sneakey way and torment you with diciplinary procedures eg viola cleaning company.Previously onyx uk the manargers are arrogant abusive if you retaliate they got the diciplinary proccedure to fall back on they also treat contractors agency staff like s......t
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MR BEAN - 18-Sep-10 13:20
What is 'snide and stupid' about suggesting that someone takes the trouble to get at least a basic education?
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MikeP - 6-Aug-10 15:39
@ GoBackToSchool
Keep your snide, stupid comments to yourself!
Good luck to everyone else seeking work in this devastating economic climate.
Keep your snide, stupid comments to yourself!
Good luck to everyone else seeking work in this devastating economic climate.
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Nana - 6-Aug-10 15:04
Could we do anything about the campaign "Everyone should have the right to claim for unfair dismissal'? I was dismissed too 20 days short of one year service without any warning and consultation.
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helen - 21-Jun-10 10:42
My god does this sound so familiar. I live in VA. Virginia is an at will state meaning you have no rights, they can fire you for no reason at all and get away with it. I was fired too not for being a bad employee either. Face it employers are not what they used to be. Why you ask? It's because people in charge have no real degrees anymore or people skills. Management is just a bunch of people with titles. I think Obama needs to change the employment laws giving employees much more rights and you would see a lot more of us working. My last job I decided since I did not like it I walked out no notice, why bother since they treated the ones that gave notice terrible. It felt good to walk out too. Good luck to all you who are unemployed and may you find a better job that praises you not cuts down your work ethic as they did me.
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Pam - 3-Jun-10 02:47
I `ve been dismissed coz I couldnt come to work on my days off !! while looking after my 10months old baby , my wife work full time too, I worked 8 months , bloody hard too , but still , isn`t full year is it ?! so there is nothing I can do ...LAW what LAW its all bollocks..The other thing, in work relatead tribunals if you win the case you dont get expenses back ?? two visits in solicitors will cost you around 500£ , if will get to the court you ,may pay around 4500 £ for the whole thing so what is the point ?? not many people have that kind of "spare" cash no wonder why a lot of people are not going that route and employers getting away with murder is not fair ...maybe Mr.Cameron will change something ,its just about the time...
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pete - 19-May-10 10:31
I would like to ask the people here a question. At what point/time frame would be acceptable to have the same rights as a member of staff who has worked there a year. 1 day, 1 week, 1 month. The point of the year law is not that a person can be dismissed without cause, the employer will still have to bel able to provide evidence of a complaint/misconduct/poor performance on request from ACAS. All UK employment firms are also subject to external audit. This means that while you may not be aware of the reason for termination there will ALWAYS be a valid one. Now while this may be something as simple as the company (regardless of size) is over established in their full time equalivant hours in the case of any form of misconduct there will be a written complaint on file.
To Sassi - while 11 of your colleagues have stated their support for you to your face can you be totally sure the comments they made to management are equally as supportive.
I manage 160 staff across 3 shifts. And can state with total honesty that what they say to each other is the pola opposite of what they say to me about each other.
To Sassi - while 11 of your colleagues have stated their support for you to your face can you be totally sure the comments they made to management are equally as supportive.
I manage 160 staff across 3 shifts. And can state with total honesty that what they say to each other is the pola opposite of what they say to me about each other.
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Employer1 - 27-Apr-10 19:13
You were sacked because you are illiterate and probably ignorant too. Use your time off to improve yourself. Learn to read and write (right or rite..to you).
You have trashed your years at school no doubt being a lazy smart alec and now you are learning, belatedly how foolish that was.
If you can actually read this, go back to school!
You have trashed your years at school no doubt being a lazy smart alec and now you are learning, belatedly how foolish that was.
If you can actually read this, go back to school!
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GoBacktoSchool - 13-Apr-10 02:29
hi my employer sacked me for being late I have never had any warnings before so how is he in the write im not on trial eiether but have been workin with them for a year why is there a year rule wats the point of havin a trial if an employer can still sack you the goverment go on about people not working you cant really blame them wen ure neva guna be in the rite because of that year rule
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steff91 - 13-Apr-10 02:03
I agree there should be more protection, all was well for me for the first eight months, then the bullying started my manager told me I would be the most hated person in the office, I was then blamed for an engineer ringing into work stating he was sick, I passed the message on, then got an email from her stating they should ask for management she only sits across the room from me, surley the engineer should have asked for the manager. At the end of the week I got suspended for gross misconduct, I am a timid person and have cried lots over this & has affected my health. cannot name everything that I have been bullyed for even keeping my head down I still get humiliated. I have now put in a grievance but wont stand a chance because of my lengh of service. THIS IS WRONG I am a female living on my own with a mortgage so the stress is awful. Engineers are supporting me & have offered to back me up. There is a lot of sickness in the company which makes my job impossible to fulfill because of the lack of staff
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kes - 8-Feb-10 21:56
I've just been dismissed from my job like this too (29th Jan). I've had appraisals leading up to this date saying how well I've been doing and on a regular basis been praised for my work. Just the same as you, on the Friday at 4.15pm I was taken into the boardroom and told I was being dismissed for my 'inability to interact with my colleagues'. I have 11 emails from the said 13 colleagues displaying their upset and disgust that this happened. I wrote an appeal to the employer, but was refused, in spite of my evidence.
I too approached ACAS and the CAB to be told that because in the eyes of the law I was 3 days off my 12 months of service there's nothing I can do about it.
I have started a campaign on facebook to give employees who have served under 12 month rights as well, not sure how far I'll get but I'm going to give it a fair go. I feel that if you can prove that you have been unfairly dismissed you should be able to do something about it...particularly with the climate the way it is. If you're on facebook and wish to join the campaign, it is titled "Everyone should have the right to claim for unfair dismissal'.
I too approached ACAS and the CAB to be told that because in the eyes of the law I was 3 days off my 12 months of service there's nothing I can do about it.
I have started a campaign on facebook to give employees who have served under 12 month rights as well, not sure how far I'll get but I'm going to give it a fair go. I feel that if you can prove that you have been unfairly dismissed you should be able to do something about it...particularly with the climate the way it is. If you're on facebook and wish to join the campaign, it is titled "Everyone should have the right to claim for unfair dismissal'.
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Sassi - 8-Feb-10 17:28
Some of these comments are a joke. Employees have far more rights than they did a few years ago and to the person who claims the UK is going downhill, feel free to go live in another country. It really isn't that difficult.
As both an employer and an employee, I find my loyalties divided on this subject. I sympathise with the initial poster of this thread because if you are indeed an honest, trustworthy and hard-working individual there is no reason you should be dismissed. Unfortunately there are a small pocket of companies and employers who abuse this rule. Take the positives: if you have all the above qualities you will have no problem finding another job.
I've found this rule to be very useful dismissing new employees who let you down and simply don't follow the rules. Those who have been dismissed in this regard have no excuses as far as I'm concerned.
As both an employer and an employee, I find my loyalties divided on this subject. I sympathise with the initial poster of this thread because if you are indeed an honest, trustworthy and hard-working individual there is no reason you should be dismissed. Unfortunately there are a small pocket of companies and employers who abuse this rule. Take the positives: if you have all the above qualities you will have no problem finding another job.
I've found this rule to be very useful dismissing new employees who let you down and simply don't follow the rules. Those who have been dismissed in this regard have no excuses as far as I'm concerned.
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AK47 - 6-Nov-09 15:01
