was i unfairly dismissed

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was i unfairly dismissed

Postby xfayelouisex » Fri Jun 29, 2007 6:02 pm

i was fired from my job today, and im unsure weather it was unfair, , i was off wednesday, for a medical reason and i couldn't go in as i was in alot of pain, and went to the doctors and got anti biotics, and i explained to them today why i was off as it was my day off thursday, anyway i went in this morning and my hours for today and tommorow where crossed off the rota and we are usually given a list of jobs and my name wasn't on there so i thought it was quite odd, so an hour after i had been at work my manager called me to her office, i filled in a back to work form as i had a day off, then she went through a probation review sheet (i was on a three month probation period, and i have been there two weeks) so she went through it with me writng down, all my good points in the work place which where/:
good standards
very hardworking
always keeping busy.

then she wrote down all my bad points in the workplace which where:
communication: im too quiet and don't interact with other staff
inicitive: i don't use it and wait to be told what to do
pace: i work slower then everyone else

she then asked me why i was like this i told her im very shy and takes me time to talk to new people, i said i try to use my inicitive but coz i have been there for such little time im still getting to grips with things, and with pace i had nothing to say to that as i don' think im that slow, im just careful i get every job done correctly as i don't want to do anything wrong.

she then said that the other girls said they had tryed to engage convosations with me but i didn't talk back, which isn't true they hardly tryed with me and when they did talk to me it was about work.
then she said because of the reasons above and the fact i had a day off they had to dismiss me.

also i was always worried about using my inicitive, as they where always very fussy and got mad if things weren't done right, so instead of doing something and getting it wrong i did customer service and tidying, also they said when i got the job full training whould be given, they gave me a day training and thats it.

im not sure if it was unfair or not coz i was still on my probationary peirod, opinions on this one please as if i was i want to write to head office about it.
mus:- i don't know much but i know i love you and that maybe all i need to know.
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Postby remote_king » Sun Jul 01, 2007 9:21 am

Its a tricky one really, they sound like they have been very unfair on you and havent given you enough time to settle in but the 3 month trial period is where they sticking point is. They will most probably say you weren't suitable for the post so had to let you go, it may be worth writing to head office of the company involved just to let them know how unfairly you have been treated and to let them know how poor the training and everything is but as far as getting the job back i think that may be gone now. Good luck in finding a new job anyway im sure you'll be fine :)
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Postby yessica » Sun Jul 01, 2007 3:13 pm

Had you only been there 2 weeks then? Or 3 months? Im a little confused.. it took me about 3-4 months to settle in at my Saturday job as i'm very shy and everyone around me was really outgoing. Work should have been understanding towards you. But like remote_king said, they may hev just felt you weren't right for the job. But if you'd onyl been there for 2 weeks, they didn't give you much of a chance to settle in and it doesn't sound like they were very welcoming.
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Postby xfayelouisex » Sun Jul 01, 2007 5:35 pm

hey thanks for advice, yeah i was only their 2 weeks, i thought that as well they didn't really give me a chance to settle, yeah i don't want the job back i don't think i would want to go back there, i want to write to head office just to let them know whats going on, and it may prevent it happening to anyone else, but i don't want to cause alot of trouble as i parted from my manager on good terms, and i also said after she fired me that i didn't really think the job was for me and she sounded relieved and said good good, but still i think i wasn't given much of a chance, also another girl was fired she had been the a week and they got rid of her because she had four days off ill.
mus:- i don't know much but i know i love you and that maybe all i need to know.
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Postby mariamaria » Sun Jul 01, 2007 5:41 pm

Hey

It doesn't sound very fair to me. It seems like the boss there is very very fussy about who is hired. :/ I would suggest writing to head office and informing them of the circumstances really. That's pretty much all that you can do .

Good luck with your next job. I hope it goes better than this one did.
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Postby yessica » Sun Jul 01, 2007 5:59 pm

They can't fire you for taking days off 'cause you're ill. It doesn't make a very good first impression but it's if you've been off aages they're allowed to fire you for that. My boss get's very grumpy with me if i'm off ill but she's never fired anyone. You should definitely inform Head Office.

Good luck with your next job.
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Re: was i unfairly dismissed

Postby retrochav » Sun Jul 01, 2007 6:00 pm

Sorry to say, that with the exceptions of illegal deduction from wages, sexual or racial harrassment you have to be employed for one year to go to an employment tribunual. The 1996 employment act as amended by the ETA rules in 2003 lay down the laws - accass website explains them in english!

Three months is a probabtionary period where either side can quit without notice or disiplinories. I would advise writting to head office to state how you feel - after all the managers behaviour is not exactly exemplery.

You are far better off out of somewhere so cliquey anyway. Find employment where you feel safe and free to ask questions. Claim JSA to protect your pension and give you an income, and do voluntary work to give you a good reference. Also remeber, that whilst unemployed you can do up to 15 hours a week studying for free which would give you new skills - you could return as your managers boss and get sweet revenge!!!
whatever your problem someone else has been there and bears the scars.
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Postby xfayelouisex » Sun Jul 01, 2007 6:12 pm

i had a feeling that it may have been unfair, now i can see alot of you agree i think i will let head office know what is going on there, i'm sure they would like to hear the reasons staff are being fired, it took me nine months to get that job as it was and my financial state is very bad, so they really did put a spanner in the works, should i go to citizens advice and see what they could suggest as well, maybe they could give me some tips on how to go about stating my case to head office.
mus:- i don't know much but i know i love you and that maybe all i need to know.
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Postby retrochav » Sun Jul 01, 2007 6:18 pm

Yeah CAB can help, if you can get there early enough to be seen. Claiming JSA will help as you can then work out a budget based on some income to pay your debts. Housing benefit will help with rent and Council tax benefit will help there.

JSA can be backdated one month with good cause, longer if you can really think up something good - CAB may be helpful, but where i would be creative with those forms others arent so pick your adviser carefully!
whatever your problem someone else has been there and bears the scars.
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Postby Torquemada » Fri Jul 13, 2007 7:52 pm

With regard to claiming backdated benefit, "good cause" usually means lying in a hospital bed! I work in benefits!!!! So if you get down to your Job Centre Plus as soon as possible, you should be able to claim. In addition, they may be able to give advice as to your legal position.

However, please go to the Citizens' Advice Bureau with a copy of your employment contract if you have one or offer letter with Terms and Conditions. Probationary period or not, I still think they have to go through warning procedures.
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Postby Bel Bel » Mon Jul 16, 2007 12:17 pm

Only thing I can say is do you want the job back?
Could be awkward going back after what's happened and if your shy it may make it harder to fit in
Wouldn't you be better spending time looking for another job than complaining about being dismissed when you can't win anyway legally, after all it doesn't sound like you were very happy there anyway
Also Head Office will probably believe their staff and then they will view you as a potential trouble maker who always complains and won't want you back anyway
By the way I do agree they were unfair to you but I am just not sure this is a fight worth fighting it could end up with you feeling even worse
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