Smart Feeder - Light sensor values

[Chickendoodle]

I am sitting here figuratively spitting feathers

 

My YD (aged 22) has been working for a local company since Feb this year. Seemed to be a really good employer - its a young company involved in the sporting industry so very casual but hard working, She was PA to the Sales Director and was getting on really well - had her review after the 3 month trail and all good. They are planning an office move later this year and told her that she was going to be the "lynch pin" of the new place so they obviously thought a lot of her.

 

The pay review after 3 months had never materialised and she has been trying to pluck up the courage to ask about it. Another of the employees has been on long term sick leave and over the last month my YD has been given her work to do as well as her own which meant that she was so busy she didnt even take her lunch break and she had all sorts of pressures with everyone telling her that the thing THEY wanted her to do was the most important.

 

The MD (along with lots of other jobs) asked her to do a particular job which involved doing a whole catalogue of products which was the job of the person on sick leave. My YD did not know how to do this and instead of admitting it and asking for help she was putting it to one side until the office manager was due back from holiday the week after next.

 

Yesterday the MD came into the office (only comes in once a week as is the wont of megolomaniac multi millionaires), asked to see the catalogue and when she said it wasnt done he completely flew off the handle and told her that he had never been so angry in his entire life (what an easy life he must have had then is all I can say). She went back to her desk and said to her (senior)colleague what had happened and he said well when on earth would you have had time to do it with all the extra work you have had?

 

3 hours later called into MD's office. told she was being given a months notice and to clear her desk and leave immediately. The explanation was that everyone should be a team player and if there was not enough time to do something then she should stay late !!!!!! Bear in mind that her salary was only £13K - not exactly top executive pay.

 

She had booked a weeks holiday later in July and was told when she booked it that it was fine but she would have to make sure that all the work for that week was done in advance. Unbelievable.

 

Admittedly she should have said that she was unable to do the catalogue but I think they have been extremely unjust and also acted outside employment law - surely she should have been subject to the 1 verbal warning, 1 written, then dismissal as there is no way that what has happened can be construed as gross misconduct which is an instantly sackable offence. She was given absolutely no opportunity to explain herself either. She has been so stressed lately with all of the extra work and she was hoping that the meeting with the MD in the morning was going to be an opportunity to say how hard she was finding it to cope and an offer from him of extra pay for the added workload!

 

Her colleagues were completely shell shocked and I dont suppose the atmosphere is very good today. Also the office manager will get a bit of a shock when he returns from holiday - I imagine if he had been there none of it would have happened.

 

She has her own flat so needs to work, as do we all, so is off down the job ageny today and the CAB to see if she could or should pursue an unfair dismissal case. I know it will be a real hassle but they shouldn't be allowed to do things like that.

 

I am so angry and upset for her

[Egluntyne]

Oh heck sorry to hear it. Has she a copy of her contract to show to the CAB?

[Chickendoodle]

She doesnt recall signing one unfortunately but I dont think it matters as if you havent signed one I think the standard employment contract applies which contains the dismissal procedures

[Chucky Mama]

From what I see all the time - people that need sacking but can't be sacked without a huge palarver because of the law I can't see how this sacking can possibly be 'legal'. She has not had any warnings Iwould get her to seek advise. Isn't the lack of a contract also an issue?

[docsquid]

Definitely worth getting advice on this - they cannot sack you just like that without any warnings. She should have said straight away that she didn't know how to do the catalogue, but failing to mention that would be worth a warning, not a dismissal.

[craftyhunnypie]

I'm sure it is against the law not to have a contract after 3 months of employment. I'd have them for everything I could - they are in the wrong.

 

Emma.x

[Ain't Nobody Here]

I know nothing about employment law, but it sounds totally wrong, poor girl . They've been happy to take advantage of her for long enough, surely someone can do something to sort this out . Perhaps the office manager can do something when he/she comes back?

[patsylabrador]

Poor girl. I would say that she should fight to keep this job, appeal and don't give in. It is so hard to get work at the moment.

[Chickendoodle]

Dont think she would want to fight to keep it after what has happened

[ubereglu]

Flippin' heck. Poor girl. Definitely go to see CAB and write a letter for unfair dismissal, (you have to be quick with this mind-to be received within a week of being sacked). I had a similar experience earlier in the year-different reasons and situation though and it's really not nice.

 

Try and find all the paperwork that she was given at the time of accepting the job and paperwork that went with it. Go to talk to the CAB and possible consult a lawyer if necessary.

[The Dogmother]

Dont think she would want to fight to keep it after what has happened

 

No, but she could get compensation for unfair dismissal

[Olly]

Really sorry to hear this. Take a look here at the TUC Worksmart site for helpful guidance, and the CAB may be able to help. Unfortunately however as she has only worked there for five months, she may not be able to claim unfair dismissal - and in fact, I would strongly suspect that they have got rid of her because if she had been there longer than six months, she might accrue additional rights. I suspect the catalogue is just an excuse.

 

I hope she will soon find another job, as she's obviously hard-working and intelligent, and can find somewhere where she will be appreciated, and forget all this. There's not much point in fighting to stay there after this sort of treatment, and to be honest it may not be worth trying to take them to a tribunal - the cost, both financial and psychological, are likely to outweigh the benefits. The CAB will be able to advise on that, though.

[WarrensWorld]

Unfair dismissal, take him to an industrial tribunal.

[Chucky Mama]

I wonder if he makes a habit of doing this.

[blackpuddinonnabike]

First off, I'm really sorry to hear about this, and can only think that the catalogue was used as an excuse. Secondly, I may not be an employment lawyer, but I'm in-house corporate solicitor and we've recently gone through a few redundancy and disciplinary matters, so I've got a bit of background as the legal advisor on those.

 

An unfair dismissal claim is a right of an employee who has been employed for more than 12 months. However wrongful dismissal can be sought by employees who have been with the company for less time. A dismissal is generally wrongful in two ways: 1. correct notice is not given (in YD's case this would be one week, so one month passes this); 2. dismissal was not in accordance with the contractual procedures.

 

This is a difficult one if YD did not have an employment contract. However, you are entitled to written terms of employment within 2 months of starting a job. Soooo, it's possible that a wrongful dismissal claim could be made against the company - they may state that YD saw some general T&Cs when she signed up, but they've got to be issued specifically. And as a very minimum there should be a consultation and warning process in palce (usual minimum to avoid unfair dismissal is verbal warning; formal written warning; final warning - and in the absence of an employment contract I'd say that should apply).

 

CAB should definitely be able to help. There is a claim there, but for what is an issue, because the formal process could take place over a couple of weeks, which would be added onto the minimum notice period (one week) and still be less than the one month notice she received...

[Seagazer]

I'm so sorry for your YD, it definitely sounds like she's been treated unfairly. I hope she manages to either sort this job out or get another one quickly.

[Chickendoodle]

Thanks for all the advice - it really helped just to have a good moan ! Bless the forum

[abwsco]

OMG your poor DD I once had to clear my desk and vacate the building within 15 minutes after I'd handed my notice in so I can understand a bit of how she must be feeling.

 

Like others have said it definately sounds like she has been treated unfairly and would have some grounds to take it further but I'm no expert.

[Clur]

Get your daughter to give this organisation a call:

http://www.acas.org.uk/index.aspx?articleid=1461

 

They will be able to offer advice specifically around employment law and procedures. They've always been very good when I've had cause to give them a call.

[sadietoo]

Just to say, many insurance policies (even the ones you wouldn't necessarily expect) have employment protection included, so just ask her to check her policies( when we had something similar we found that OH's insurance for his American Express card carried an employment law protection element which was great and sorted out the problem without going to a tribunal!!)

[Redwing]

ACAS are brilliant and well worth the time it takes the get through

 

Your DD needs to sit down and write down the facts surrounding the catologue request, were any deadlines given? were any expectations expressed? the MD may well have flown off the handle and reacted without thinking and in that case then your DD probably has a good case but if clear deadlines and expectations were given to meet some sort of deadline up higher eg a publishing slot, a presentation to a customer etc.. then your DD will have a harder time explaining her case, its unfair either way and a horrible experience for your poor DD but getting the facts down on paper with dates that the conversations took place will help - facts not emotions are very important in cases like these

[Griffin]

ACAS are brilliant and well worth the time it takes the get through

Ditto. I'm fighting an unfair dismissal case against my employer at the moment (along with about 85 other people), it's been going on for over a year now and our court case should've happened last week but it's delayed until early next year now I'm lucky in that I was a member of a union, Community, it's not recognised by my employer because not enough members of staff have joined, but nonetheless my union have been fabulous, have sent a representative to meetings I had to attend and have arranged our legal team. I couldn't have done it without them.

[donald]

ACAS are brilliant and well worth the time it takes the get through

 

Your DD needs to sit down and write down the facts surrounding the catologue request, were any deadlines given? were any expectations expressed? the MD may well have flown off the handle and reacted without thinking and in that case then your DD probably has a good case but if clear deadlines and expectations were given to meet some sort of deadline up higher eg a publishing slot, a presentation to a customer etc.. then your DD will have a harder time explaining her case, its unfair either way and a horrible experience for your poor DD but getting the facts down on paper with dates that the conversations took place will help - facts not emotions are very important in cases like these

 

 

Hi Totally agree ACAS are very helpful

 

I had problems at work earlier in the year over new contracts working etc etc. I went to the CAB and unfortunately you are wasting your time as they are so snowed under with people who havent got a penny. This may not be what you want to hear. All they could do was give me the ACAS booklets and they were not interested, they have so many people that havent got a home etc etc in the current climate I think they are overloaded with work.

 

ACAS wont tell you what to do...... just what you can do

 

Also was she on probation too?

 

I was advised by an employment lawyer that to go to tribunal is not as simple as some people think, ie it can be quite stressful also if an employer is not so great its best to look for something else and move on. Fortunately I hadnt been sacked although some of my colleagues had so I was in a better position.

I am not the type of person to let someone get away with treating people badly but would she really want to go back?

 

I bet this isnt the first time this has happened with this boss tell her not to be upset and look for something else.

I dont know if you mentioned how she got the job ie via an agency but she should let them know too..

 

I was suprised at the advice given to me by the employment lawyer but with hindsight it was good advice, realistic advice especially as I was ready for battle.

 

Ring ACAS but she does have time limits if she does decide to take any action, they will explain it in a bit of parrot fashion! But she needs to spend more effort looking for a new job than dwelling on this rotten employer......Donald.

[scarlettohara]

Unfortunately I doubt she has a leg to stand on - if she has no contract and has worked there for less than 6 months. This happened to my son and a solicitor told me this is how employers get away with it - they sack people before the 6 months are up. Good luck anyway