[Help] Unfair dismissal in first week

[SeagullinExile]

Pretty harsh. But maybe a phone call to your line manager would of been better? I don't except e-mails or texts from anyone I employ. Makes me think they've something to hide.

 

[timbha]

This sentence “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” might cause your employer to smell a rat and could read it that you won't phone in because you might be elsewhere. Why didn’t you just phone your manager, explain the situation and ask what you should do.
An employer has to be consistent and granting you a day off at such short notice could open the floodgates to others.

 

[jcdenton08]

^^^^ because it was out of hours and I was on the phone to my crying girlfriend at the time.

 

[Goldstone1976]

^^^^ 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”

I think there’s two separate issues here:

1 what can you do about the dismissal, which is the question you asked in the OP? Legally, nothing, as I said above. However, depending on the answers to the questions about probationary period, and on what legal method they have used to dismiss you (specifically, is it for gross misconduct), you may, just may, be able to wangle some more cash out of them to tide you over until you find the next job. Tbh, I think that’s unlikely, but it’s worth an hour’s research to see if you have any chance.

2 whether there are any lessons you could learn about your actions with your employer in the aftermath of your all-nighter that would make it less likely that you’ll find yourself in this situation again in the future. You didn’t ask about that, and thus I offer no opinion.

They are however two different issues. I’d advise that you remain clear about which one you wish to address at any point in time.

 

[Tom Hark Preston Park]

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.

This. In your first week at work, they would not be impressed by you just dashing off an email to them rather than phoning in. They're also unlikely to have been very impressed by an emergency absence that relates to your partner's sister-in-law. Harsh, but maybe a lesson learned. And, sorry, but I wouldn't waste time on trying to sue them for unfair dismissal. You'd be on very shaky ground IMHO. Good luck in finding something new. Additional advice: Do NOT put that job on your CV under any circumstances. It never happened, right

 

[Ernest]

Welcome to Tory Britain where you have no rights

 

[Napper]

This sentence “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” might cause your employer to smell a rat and could read it that you won't phone in because you might be elsewhere. Why didn’t you just phone your manager, explain the situation and ask what you should do.
An employer has to be consistent and granting you a day off at such short notice could open the floodgates to others.

If one of my team sent that , it would piss me off to be honest.

Thos saying sorry for the bad news , can I just confirm that it was an operation and all is ok . Nothing is terminal with your mrs "sister in law"

I honestly thought this may be a wind up to start.

 

[DavidRyder]

It does seem harsh - amid all the red tape of contract small print, you would expect an element of humanity on the part of the employer, and benefit of the doubt. If it happened often, then they would be fair to dismiss. But they've known you for a few days, you weren't given the chance to show what you can do.

Hope things work out.

 

[jcdenton08]

If one of my team sent that , it would piss me off to be honest.

Thos saying sorry for the bad news , can I just confirm that it was an operation and all is ok . Nothing is terminal with your mrs "sister in law"

I honestly thought this may be a wind up to start.

No, they botched the operation and she’s presently paralysed. Having lost her brother to cancer this year and her grandmother a few weeks ago, she has not taken the news well.

 

[SeagullinExile]

This sentence “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” might cause your employer to smell a rat and could read it that you won't phone in because you might be elsewhere. Why didn’t you just phone your manager, explain the situation and ask what you should do.
An employer has to be consistent and granting you a day off at such short notice could open the floodgates to others.

Nail on head. I'd be suspicious. A simple phone call asking for a day off unpaid for family reasons would be enough for me to give the benefit of the doubt.

I'd take it as a lesson learned and move on.

Best of luck.

 

[Napper]

Hopefully will work out ok.

Still think should of rang them up and had a chat. Then they can make the call. As someone else said , week 1 in and hopefully you learnt a lesson.

All the best though

 

[dazzer6666]

Welcome to Tory Britain where you have no rights

Well done for waiting until page 2 before trying to derail the thread with your usual shit.

 

[ManOfSussex]

An office I used to work at always had a 3 month probationary period for new starters too. It was basically the sort of place that if your face fitted you'd pass the probation, if it didn't you were out for a spurious reason. I don't think you've got much legal recourse here I'm afraid.

 

[Munkfish]

To be Honest, I'm suprised you havent called in to have a chat. A week in it really doesnt leave a good impression. Dropping an E-Mail seems a bit big time to me.

I hope everything works out for you though, It doesnt sound like a nice thing to go through.

 

[jcdenton08]

Thanks for all the replies.

Just to clarify a few things; the contract says;

7.1 - If you are absent from work for any reason, you must notify the Company of the reason for your absence as soon as possible, but no later than 10am on the first day of absence.

Which I did. But in hindsight I should’ve called, I take that on board.

Oh the up side, I’ve already found a new job and start a week Saturday.

 

[hans kraay fan club]

Oh the up side, I’ve already found a new job and start a week Saturday.

That's good.

Forget the other one even happened.

 

[Bozza]

Whilst sympathetic to your position, I'm afraid that for me...

"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."

...sounds a little bit "the dog ate my homework" for me, coming from someone new that I've not been able to develop a relationship of trust with yet.

Picking up the phone may not have led to a different result for you, but I think it would have given you a much greater chance.

 

[dazzer6666]

Thanks for all the replies.

Just to clarify a few things; the contract says;

7.1 - If you are absent from work for any reason, you must notify the Company of the reason for your absence as soon as possible, but no later than 10am on the first day of absence.

Which I did. But in hindsight I should’ve called, I take that on board.

Oh the up side, I’ve already found a new job and start a week Saturday.

Good news....and hope she recovers quickly.

 

[jcdenton08]

Yup, perhaps you’re right. As I said I’d been on the phone all night, was exhausted mentally. It would be an hour and a half before anyone was in the office, and I simply didn’t call at that time.

Still, everything happens for a reason. I’m still going to get advice from my union about my options.

 

[jcdenton08]

Thanks to everyone again for the even-handed advice.