[Help] Unfair dismissal in first week

[Bozza]

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.

So, a really early email?

I'd probably see the sent time, think "he's been on the lash all night" and mentally decide you were finished when you next bothered to show up.

 

[jcdenton08]

8:02am.

 

[SeagullinExile]

I once had a lad who text me in the middle of the night saying he was sick and wouldn't be in the next day......

.....10 minutes later he text me asking me if 'I could get him any gear'!! Obviously meant for someone else!

I never saw him again!

 

[The Gem]

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

OK, I am going to try and be empathetic, however I have to say, I am really struggling with it.

As sad as the situation is, if you worked for me and sent the email rather than take a minute or 2 to call and explain what had happened, rather than being on the phone with your girlfriend, then I think I would have seen it as you're not bothered and taken the same action.

Trouble with people today, of a certain age, they find it acceptable to text and email rather than call.

 

[Spicy]

Whilst I am sympathetic to your circumstances, I reckon your employer considers you as unreliable despite your personal reasons for missing work. In reality your employer may not believe you and no doubt has heard all manner of excuses before. I had a member of staff who always went sick after Chelsea played away games. Now that definitely was disciplinary. Another went off to the dentist one morning and didn't appear again for 3 months! It may feel unfair but think I would have dragged myself out of bed and staggered into work irrespective of the state of me as at least that shows willing.

 

[Marshy]

Coffee, energy drinks and drag yourself in would have been my route.

Contractors are dispensable sadly for you.

 

[Spicy]

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.

Well there you go then. Learn your lesson and get yourself into work however you feel.

 

[The Camel]

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.

Wow, your employer is a heartless *******.

 

[jcdenton08]

Well, everything happens for a reason - I’ve already got more work and, having not missed a day off aside from my Father’s funeral, in 3 years I’m pretty sure I won’t find myself in this situation again. My union rep has taken the details and is passing it to their legal side already. It’ll probably come back as expected, but it’s worth looking at they say.

 

[Brovion]

Firstly, obviously I'm sorry for your predicament.

However if one of my new contractors emailed me a few days after starting and said they couldn't come in because their neighbour's dog had died (or whatever, not immediate family anyway) and they'd been up all night I would be mightily pissed off. I'd be even more pissed off if it were done in almost a throwaway manner by email as opposed to by phone. Not knowing you I'd be wondering how often I was going to see you during your contract and whether I'd made a huge mistake in hiring you, and yes, whether I should cut my losses. Yes, perhaps their action is a little harsh, but, well, I can see where they're coming from.

Sorry, I know this makes me sound a bit heartless, and I have been on the other side as a contractor begging a few unpaid days off for a family emergency (my father had a heart attack). Luckily I was more established and I went with their blessing.

 

[Tom Hark Preston Park]

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.

Well done on getting the new job! Good to hear you've taken the advice on board. If you value this new job, treat it like gold dust and do nothing to jeopardise it until you've passed a 3 month probationary period. Whether one is written into your contract of employment or not. That's how long it will take to establish a mutual level of trust. Good luck!

 

[papajaff]

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

Very much agree here. Why would you need to counsel someone for a neck problem all night? But come the morning, your other half doesn't need counselling anymore?

And sending an e-mail. Really?

 

[papajaff]

Welcome to Tory Britain where you have no rights

Oh bless. Yes we all notice and remember you.

 

[pearl]

Well, everything happens for a reason - I’ve already got more work and, having not missed a day off aside from my Father’s funeral, in 3 years I’m pretty sure I won’t find myself in this situation again. My union rep has taken the details and is passing it to their legal side already. It’ll probably come back as expected, but it’s worth looking at they say.

move on, don't get the union involved it could cause you problems under the circumstances IMHO

 

[Westdene Seagull]

Putting aside the empathy, I'm afraid you have no chance legally. You're well below the 2 year threshold for gaining extra employment rights. Your only hope would be discrimination - i.e. they got rid of you because of a disability, your colour, race, religion, gender or sexual orientation. And of course that's not the case here.

 

[Shropshire Seagull]

I'm a contractor myself of 11 years having been a permy for 25 years. I'm not particularly familiar with fixed term contracts as they always seem to be offering a permy level salary with none of the permy benefits. What is coming to the fore now is IR35 - this is where HMRC want to treat contractors as if they were permies. To have an outside IR35 contract there are a couple of key aspects, one is to have zero notice for either party and another is to in effect not have the contract determine working times - the contract stipulates what is to be done and by when, but not how, where or when [working hours]. It's a very deep subject with a 1000 & 1 what ifs.

On the specifics of this case, all have mentioned above, employer doesn't yet know you very well and has seen no attendance track-record as yet. You're taking a day off for [in their eyes] a fairly flimsy reason and hinting it as compassionate leave [which is always discretionary]. A conversation with your line manager would have clarified your options between compassionate leave, sick leave, holiday, unpaid absence. But this detail is missing in any of the communications you have shared with us.

Summary; harsh, but understandable action by the employer.

 

[Tom Hark Preston Park]

move on, don't get the union involved it could cause you problems under the circumstances IMHO

Have to say I'm quite surprised that a union exists for anybody on a contract at all.

 

[Brian Fantana]

This may sound harsh, but I'm not sure being up all night and too tired to come into work really cuts it as a reason to take a day off work. What about parents who have to deal with young children, who are either ill or not sleeping. I'm not saying the gravity of those situations equates to what the OP's partner has been through, obviously, but the net result is the same: someone who has had no sleep. If every parent took a day off when they'd been up all night, there'd be a heck of a lot more days lost to work.

 

[pearl]

Have to say I'm quite surprised that a union exists for anybody on a contract at all.

I'm more surprised anybody on a contract would bother paying subs to a union TBH

 

[Ernest]

Oh bless. Yes we all notice and remember you.

Have you lived under a stone for the last 8 years or not noticed how many employment rights have now disappeared under the Tories