dismissed unfairly what can I do? UK job

[paul55555]

Hello let me tell you my storey I am really upset over this and don't know what to do. I started a job working for a company who sells supplies for the glazing industry internet based. The director was pleased with my work and always talked about me adding value. The role was to make videos for their youtube channel and add products on to the website. However I found myself doing a different job mainly adding orders on to a sage system and the other half of the day was spent doing trade stuff outbound cold calling. then after a while I stopped inputting orders into sage and focused mainly doing trade calls and the other 2 days a week adding products and doing the odd video. To be honest I was so bogged down with trade calls and emails I had very little time to make any videos. I worked with 2 young guys one was 20 and the other was 24.

They talked to me like shit a lot of the time and the manager from what I could see did very little work at all often wondering off for hours chatting to people about personal things. I also was taking most of the phone calls taking orders. They also would play video games spend ages texting people and using facebook and watching youtube videos basically doing very little work. I even sore adam put his feet up even on my desk a few times which was a bit rude. They also talked to me like shit and made you feel so small if you ask a question saying you were told that yesterday. They would also ignore me some times and that was just rude. If you made a mistake that would say you made that mistake before and talk to you like you were crap.

The director who I always got on well with called me up to his office saying he had been made a where that I did not like working with them and he terminated my employment this was the first time I had herd of it. I was shocked because sacking some one for just not like the colleagues you worked with is such a poor reason in my opinion. I have worked for other company's and did not like some people but just got on with the job. The reasons he gave was he felt I was not suited to the role but I knew it was because his golden boys as the dispatch manager called them the director would not have a bad word said about them. But saying that the dispatch guy did not like working with them very much.

So in brief I was dismissed with a weeks paid notice for not liking the two guys in the office.

I had been their for 5 months the probation period was 4 months what can I do?

Many thanks for your advise.

[nemesis45]

Re: dismissed unfairly what can I do? UK job

Hi welcome to LB.

Unfortunately as you were still probationary and of course employed for less than two
years the employer can dismiss you at anytime even without explanation.

Others will be along when available and may have other advice for you.

nem

[seduraed]

Re: dismissed unfairly what can I do? UK job

Ask if they will give you a reference , move on .

[paul55555]

Re: dismissed unfairly what can I do? UK job

hi thanks for any advise he said he would give me a reference but the last girl who walked out before me he apparently did not give a good reference

[FlamingParrot]

Re: dismissed unfairly what can I do? UK job

So in brief I was dismissed with a weeks paid notice for not liking the two guys in the office.

I had been their for 5 months the probation period was 4 months what can I do?

Many thanks for your advise.

Sorry to hear that, it sounds like it would have been hell working there in those circumstances though, I know what those know-it-all youngsters can be like, they're bad enough by themselves, absolute hell when egged on by a manager. In a way, it may be for the best to be out of there, given that you were not even doing the job you were hired to do. If you need to claim benefits, it should be easier after a failed probation where no accusations of gross misconduct were made against you, they simply didn't think you were the person for the role which is fair enough, but the DWP should still view your situation as being involuntarily unemployed, which wouldn't have been the case had you resigned because they made your life impossible. :thumb:

As you had not been there two years, you wouldn't have a case for unfair dismissal unless you could show there was discrimination involved. Having said that, one thing I can see is you say you got a week's notice pay, yet you were beyond your probation period. When the four months were up, what did they do? Did they accept you had passed the probation period or did they extend it for a further month and that's when they dismissed you? It could make a difference if your contract specified four weeks notice which is fairly common. During the probation period, they can give you just one week, however, once you're past probation, they should have given you four weeks notice or paid you in lieu of notice.

[FlamingParrot]

Re: dismissed unfairly what can I do? UK job

hi thanks for any advise he said he would give me a reference but the last girl who walked out before me he apparently did not give a good reference

Walking out is very tempting at times but it constitutes a breach of your contract (if you are employed with one, it may be different if you are self-employed, freelancer, etc.). Even during probation, they would have been expected to give a week's notice and after that, the amount of notice specified on the contract (four weeks is common). Employers don't usually bother taking action for breach of contract against employees who walk out, it is with the references where they can hurt them. If someone just walks out without giving notice, that fact can be relayed on a reference and, being a true fact, there isn't much to argue about it. You didn't walk out so your situation is different. They didn't think you were suitable for the role, that doesn't mean you were not capable or a good employee, just not a match for their requirements. :thumb:

[paul55555]

Re: dismissed unfairly what can I do? UK job

Hello Thank you for your kind words when I posted this on yahoo all I got was people blaming me. The director thought I was doing a great job but when he found out I disliked working with these two young kids he wanted me gone. I never was given a contract but my pay went up to 14k from 12k after 3 months to me that said I had passed the 3 month probation period. He then increased it last month to 15k but told me not to tell any one. I have a colleague hand book which clearly says oral warning written warning and so on. Not one warning was given the only review I can remember was with this adam kid manager who I regarded as not a manager because his ability to manage any one was very poor he did not know how to talk to people. A few times I sore him and the other guy making posters for each other on their computer saying I am a gay boy to each other. or watching things on motor bikes when he had just bought a bike to me that was personal not work related. I was criticized on about every thing I did. What took the biscuit was saying my videos was rubbish behind my back of course. When I started the videos on youtube were crap a hand picking up a tool with no music or intro or ending just imagine that. I did ring acas up they said unless I have been their 2 years cant do any thing did suggest legal aid. I called national helpline up and they wanted to know how much my things were worth and wanted payslips i thought cant be bothered . I do believe I was dismissed unfairly do you guys think its worth going back to the director and asking for 4 weeks paid notice. I did say in my letter to him under the circumstances it was not good enough to give just a week. Here is a copy of his reply to me after I sent him a long letter what do you guys think?





I can tell that you are obviously very upset by the decision and I am sorry that I had to make it, but I need to think about the performance of the business as a whole and having someone in a position, that they do not enjoy or like, working with people that they do not get on with, long term is simply, going to be detrimental to all parties concerned. Unfortunately I am not in a position to change an entire company to suit the needs of one individual.

[paul55555]

Re: dismissed unfairly what can I do? UK job

they was also using software not bought if you know what I mean

[FlamingParrot]

Re: dismissed unfairly what can I do? UK job

Hello Thank you for your kind words when I posted this on yahoo all I got was people blaming me.

One thing I hate about forums is that there are so many out there where the sole purpose seems to be finding a reason to attack people rather than help! :mad2: :mad2: :mad2:

The director thought I was doing a great job but when he found out I disliked working with these two young kids he wanted me gone. I never was given a contract

How did you know there was going to be a four month probation period? Did you get anything in writing? A job offer perhaps?

but my pay went up to 14k from 12k after 3 months to me that said I had passed the 3 month probation period. He then increased it last month to 15k but told me not to tell any one.

Salaries are meant to be kept private so that doesn't say much, the main thing here is the suggestion that you were over your probation period so you should have got more than one week's notice.

I have a colleague hand book which clearly says oral warning written warning and so on. Not one warning was given the only review I can remember was with this adam kid manager who I regarded as not a manager because his ability to manage any one was very poor he did not know how to talk to people. A few times I sore him and the other guy making posters for each other on their computer saying I am a gay boy to each other. or watching things on motor bikes when he had just bought a bike to me that was personal not work related. I was criticized on about every thing I did. What took the biscuit was saying my videos was rubbish behind my back of course. When I started the videos on youtube were crap a hand picking up a tool with no music or intro or ending just imagine that. I did ring acas up they said unless I have been their 2 years cant do any thing

For unfair dismissal (other than discrimination) you'd need two years so even if no warning was given, you couldn't bring up a claim.

did suggest legal aid. I called national helpline up and they wanted to know how much my things were worth and wanted payslips i thought cant be bothered .

Legal aid would only be applicable for cases involving discrimination, otherwise even if you'd been there two years, there would be no legal aid available.

I do believe I was dismissed unfairly do you guys think its worth going back to the director and asking for 4 weeks paid notice. I did say in my letter to him under the circumstances it was not good enough to give just a week. Here is a copy of his reply to me after I sent him a long letter what do you guys think?

You' need to say why you think you are entitled to it, such as the fact you were not dismissed during the probation period when one week applied to both sides.

I can tell that you are obviously very upset by the decision and I am sorry that I had to make it, but I need to think about the performance of the business as a whole and having someone in a position, that they do not enjoy or like, working with people that they do not get on with, long term is simply, going to be detrimental to all parties concerned. Unfortunately I am not in a position to change an entire company to suit the needs of one individual.

Fairly generic bull... :blah::blah::blah::blah:

However, on the positive side, it doesn't suggest there was any wrong-doing on your part, just a personality clash, therefore there's no reason why they shouldn't provide you with a good reference. :thumb:

they was also using software not bought if you know what I mean

I know what you mean...

It doesn't have any bearing on your dismissal, however, some people can be vindictive under the circumstances... :tinysmile_kiss_t4:

[paul55555]

Re: dismissed unfairly what can I do? UK job

Flaiming parrot I wanted to say thank you for your helpful advise it is nice to have some one who I can talk too rather than get attacked. Some on forums do say he has the right to do what he wants or another guy said it was your fault for saying some thing. After thinking about it I think maybe the new girl herd what me and the transport manager said and repeated what we said. I do not believe any one should be fired for the way they feel. The transport office guy never got fired and he slagged them off all the time. Also the girl who worked their before me walked I contacted her and asked why she said because adam does no work at all and she got so sick of it she was doing all the work she walked out. But What I think he should have done was come and talk to me about how I was feeling I even asked him to at least give me more time to find another job in my letter I feel he has been really underhand he seemed a nice guy how wrong can you be.