just been sacked from work for not turning in today, fair point you might think, but wait !! . . . . . .
here it goes, had abooked weeks holiday last week as my girlfriend is/was pregnant, now we both agreed due to circumstances with r selves that it would be right for us to have an abortion, now i dont agree with it but neither does she, just wasnt the right time due to a few reason which r private. Now i had last week off as we had 2 visits to the hospital, wednesday an friday, so we attended both days, to be told you will need to turn up at 8am monday as this is the day the procedure goes ahead so i rang work to ask them could they either extend my holiday or take a day off work unpaid to which the reply was no, we r busy etc (i am a fitter, but doin tyres for this firm) now i asked couldnt they let me work sunday all day to make up for lost time as i explained on the friday there was no way i could let my girl go the hospital on her own, so today came and i never turned to work so rings up at 3pm to explain i had tried to work sunday which they wouldnt allow as they said you cant work in the garage alone, they let me work on a saturday tho so he then informed me he was sacking me as am proving un-reliable !! i have had 3 days off including today sick, from march last year
do i have a case of un-fair dismissal or shall i punch his lights out ■■
A case for unfair dismissal will drag on for too long.
Far quicker and more satisfying to punch his lights out.
(If he involves the plod just deny everything).
I was under the impression that if you’ve worked there for less than 2 years you have virtually no rights at all. Hope I’m wrong but I’m sure you’ll get more advice. Good luck.
I think that you have probably done the wrong thing in trying to be decent and asking for the time off.
They know that you wanted the day off and declined to allow it, then you “claim” to have been sick when they are almost 100% certain that you weren’t.
If I was the boss I would be sure I was in the right but it’s definately worth getting proper advice, someone independant may be able to smooth things over.
Hope your girlfriend is OK, bad enough time without the work situation.
ady1:
why did you ask them for day off,why didnt you just ring in sick,nothing they could of done unless youve had loads of sickies in past
well i tend to work off the best policy by being honest, not had any sickies in the past, bt he had asked me what i had planned during my time to which i told him as i sort of seen the guy as a mate more than an man who runs the firm so expected him to be a mate and be helpful instead of bein an insentitive prick !!
Hi Mark,
as an ex HR Manager I can tell you that you have no rights whatso ever if you have not been employed for at least 12 months, this is ■■■■ I know but thats the truth, an industrial tribunal will not be heard unless you have been employed for this period. However, you do have the right to appeal and you should do this with much consideration to the content of your appeal letter. The Boss will have been ■■■■■■ off and seemed like you were just taking the day as a direct confrontation to him and will probs have calmed down a little by the time a letter is recieved and he may be more than willing to grasp a lifeline himself.
I cant act on your behalf but if you want further advice please PM me and I’ll help if I can. As other people have said, ACAS will help too and could act as intermediaries but only if your boss is willing for this to happen.
cheers for the replies, i have only been there since march 09 which isnt good, 1st time i have ever been sacked, i dont think i will appeal and just let it go by an see what happens, hopefully will have a full time job soon enough !
You have a very good case for unfair dismissal. Before anyone is sacked there is a procedure that must be fulfilled, verbal warning, written warning, final written warning etc it’s only if it goes to gross industrial misconduct that you can be sacked on the spot, go to your local C.A.B. and get some advice
Depending on who pays sick pay, it could be classified as gross misconduct.
If the company pays sick pay over and above SSp,(i.e. payment from day 1) then he has claimed that he was sick when he wasn’t, thats akin to fiddling expenses.
Edited
In fairness he doesn’t actually say that he tried to claim sick pay for the day so above might well not be applicable anyway.
Big Roy:
You have a very good case for unfair dismissal. Before anyone is sacked there is a procedure that must be fulfilled, verbal warning, written warning, final written warning etc it’s only if it goes to gross industrial misconduct that you can be sacked on the spot, go to your local C.A.B. and get some advice
I wouldn’t think he does have a good case. He asked for a day off, was refused, then took it off anyway? I’d guess not turning in for work when you are specifically told you do need to turn in is gross misconduct.
If you and your gf live together, you could have been entitled to the day off under the fairly new “dependent’s” leave rules.
Given the sensitive (and very confidential) nature of the “emergency” appointment on the Monday, I doubt you would have much trouble convincing a reasonable person of the need to take the unpaid time off.
March 09 to now would give you the unfair dismissal protection, but if it were less it might be worth (for others) to look at the possibility of a breach of contract claim rather than unfair dismissal. The rules, qualifiers and remedies can be substantially different.
so he then informed me he was sacking me as am proving un-reliable !! i have had 3 days off including today sick, from march last year