[Help] Unfair dismissal in first week

[jcdenton08]

Some advice please!

I started a new job on Monday, everything going swimmingly. I have a contract.

Yesterday, a close relative of my long term partner underwent major neck surgery, during which there were complications. Having lost her brother to brain cancer earlier this year, her Grandmother a few weeks ago, and my own Father in May, I spent all night counselling her and supporting her.

I was too tired to work, and sent the following email;

“Hello,

I’ll be unable to work today. My partner Lisa lost her brother at the start of the year to cancer, and is very distressed because her sister-in-law yesterday underwent major neck surgery.

I’m fine myself, but spent all night supporting her and don’t feel I’d be much use today, as I am exhausted. I’m going to catch up on sleep, so will not call to talk on this occasion.

Thank you for your understanding - I’ll catch up on anything I miss when I return tomorrow.

Best wishes, C”


Upon arriving first thing this morning I was told my unauthorised absence was unacceptable and that I was being laid off immediately. I have been paid for the current week today.

It was all very amicable. I pointed out that it was unforeseen circumstances and that I’d followed the absence reporting policy, and both sides are required to give 8 weeks written notice as per the contract of employment. The job is a six month contract - the manager told me that I had a 3 month probation which is not mentioned in the contract.

The contract reads;

8. Termination and Notice Period

8.1 - subject to clause 8.2 and 8.3, the prior written notice required from you or the Company to terminate your employment shall be 8 weeks.

8.2 - We shall be entitled to dismiss you at any time without notice or payment in lieu of notice if you commit a serious breach of your obligations as an employee, or if you cease to be entitled to work in the United Kingdom.

8.3 - Your employment shall automatically terminate when you reach such age as May from time to time be determined by the Company to be as the normal retirement age.



I don’t see how missing a day’s work due to a personal emergency, having followed the absence reporting procedure in the contract, is a serious breach of my duties.

What should I do?

Serious answers only please, this is my livelihood. Thank you

 

[Biscuit]

I always thought you could only claim unfair dismissal against an employer after a minimum of two years service. Could be wrong.

 

[jcdenton08]

I always thought you could only claim unfair dismissal against an employer after a minimum of two years service. Could be wrong.

I know you’re right on permanent full-time work, but this is a six month fixed term contract.

 

[Thunder Bolt]

They probably didn't consider your personal emergency, as serious enough for you to miss a day's work. It is tough, but that's how some firms work.

I found I couldn't have a day off for my StepMum's funeral because she wasn't considered to be a close relative. I had to use annual leave instead.

 

[jcdenton08]

They probably didn't consider your personal emergency, as serious enough for you to miss a day's work. It is tough, but that's how some firms work.

I found I couldn't have a day off for my StepMum's funeral because she wasn't considered to be a close relative. I had to use annual leave instead.

Should this constitute an immediate dismissal though?

 

[Napper]

sorry to hear the bad news for your Mrs but after 1 week in a job , that isn't a viable reason to just skip work IMHO. Could of had some sleep and maybe been 2 hours late.

Employers call is harsh but maybe after week 1 they feel writing on the wall. Harsh call but you've made it easy for them there

 

[Napper]

sorry and to add , it was a neck operation with complIcations ( FOR A SISTER IN LAW) , what sort of counselling and support did you Mrs need all night for that , bit OTT ??

Not a valid reason I'm sorry to say

 

[Thunder Bolt]

Should this constitute an immediate dismissal though?

It can do, as Napper has already posted.

 

[Frankie]

Firstly sorry to hear about this , a good place to start would be looking at the legal ins and outs of your rights and your employer rights , if you're still unsure what to do a trip to the local citizens advice bureau would be my next port of call , they're very good with this sort of thing , Good Luck .

https://www.gov.uk/browse/working/redundancies-dismissals

 

[Goldstone1976]

Ok - firstly, I’m very sorry for your situation, and for your partner’s too.

You say “laid off”. That term is usually used to describe redundancy, which is not your situation. Your situation is “dismissal”. The fact that you’ve had no warning would imply you’ve been dismissed for gross misconduct. You therefore need to read the dismissal clauses in your contract.

The fact that a probationary period is not in your contract is in your favour. However, does the contract refer to a staff handbook? Either way, is there a staff handbook? If so, does it mention a probationary period, and any special terms during that period?

You have no legal comeback under employment legislation for unfair dismissal - your tenure in the job is just way too short.

I’d be happy to chat via PM if that’d be helpful. Full disclosure - I’m not a lawyer, but have extensive employment law experience as a company director (from both sides - employer and employee).

Good luck.

 

[ozzygull]

Unfortunately I think "Biscuit" is correct. There is normally a probational period when you start a new job, where if it does not work out they can dismiss you without much of a reason, it also works if you want to leave, you do not have to give any notice.

They don't sound as if they have much empathy though.

 

[dazzer6666]

Sorry to hear - must be difficult for you

Without knowing the company's specific policies it's obviously difficult to be clear, but I suspect they are within their rights to do this (even if it's not morally a good thing and does seem very harsh given the circumstances as you've explained them). Most firms have reasonably clear policies on emergency leave and it would cover 'dependants', and a close relative of a partner wouldn't fit within that definition perhaps ? I'd have expected a call from someone in this situation in my team to be honest, rather than a note saying you were not going to call although accept this may not have changed the outcome in your case. Might be worth a call to the CAB but I suspect they're within their rights to do this.

 

[banjo]

Sorry to hear your bad news, a better option would of been to turn up for work, explain your situation, then probably asked if it would be ok to leave early. A bit late now I know.

 

[vegster]

Many years back my company employed a chap and on Tuesday of his first week he felt unwell and went home, he subsequently collapsed at home and was rushed to hospital where they discovered he had a blood pressure/ heart problem. On Friday he returned to work as he really wanted the job …. and was promptly told he was fired !


In this day and age a contract is a one sided agreement and employers can do pretty much what they want.

 

[TimWatt]

While this is no comment on the legal rights and wrongs I imagine a phone call rather than an email (that left no room for negotiation) could have made all the difference.
All the best in finding something better while suing them should you be advised you have a good case.

 

[Wozza]

Does the absence policy really allow for comms via email?

Imo, would have been more sincere if you'd phoned and asked if you could take unpaid leave.

 

[casbom]

I guess from the Employers point of view, how do they know that this is true?
I'm not saying it isn't obviously but if I had an employee who I had just hired, and they wrote me an email with this reason, I would be wary as well. With hindsight you should have called in to explain and then gauge the response, if they were not sympathetic then you know you would have to go in.

 

[jcdenton08]

^^^^ re turning up, it’s a two hour commute to the workplace, so this wasn’t really an option for a quick hello and goodbye. Also, the work can be physical and the role included duties related to health and safety enforcement, hence being tired at work because of the situation could’ve been dangerous. As a management role, I’d have appreciated the honesty if a member of staff told me this rather than a “tummy bug”

 

[Springal]

Take the loss and move on. Unfortunate timing but I can understand why the employer has done this

 

[WhingForPresident]

Surely a quick call to your line manager to explain the situation should've been the bare minimum, and would've prevented a situation arising at all?