Can I go for Unfair Dismissal?

Question

I was sacked from my job today.

My boss says I was sacked because I was talking down to him and treated him with no respect. I've asked the only other person in the office if he thought that was true and he said no and couldn't believe I'd been sacked. I haven't signed a contract with the company (only been there 2 months) but I have got a letter confirming that I'd got the job, which I've been told can act as a contract for up to 3 months. Last week someone spread rumours about me which weren't true and I've got a funny feeling my sacking had something to do with this. This person has since left the company.

Does anyone know if this is true? Can I go for unfair dismissal?

Answer 1

i dont think you can.
You need to work 13 weeks for them to issue you with a contract of terms and conditions,
up until then its termed a probationary period.
if you have any doubts though you can phone A.C.A.S. and they will advise you fully

Answer 2

(UK) You have to have a minimum of 1 years service to claim unfair dismissal (including notice).

You do have a contract...the fact that you are working and being paid is evidence that there is a contract. Your employer has a legal obligation to give you a contract 8 weeks (2 months) into your employment - so they're wrong there.

Unfortnualtey, other than ask your boss outright, there isn't a lot you can do here....certainly not claim unfair dismissal.

Can you claim wrongful dismissal? Has your employer breached the contract at anytime?

Wrongful dismissal is the name given to a contractual claim by an employee where there has been a breach of the oral or written terms of an employment contract by an employer which led to a dismissal (actual or constructive) of the employee.

The most common example of a wrongful dismissal is failure to give the employee the correct length of contractual or statutory notice. Cases of wrongful dismissal also occur if an employer dismisses an employee without providing adequate compensation in lieu of notice

Good luck!

Answer 3

To fire someone the company has to have gone through due process. This is usually along the lines of verbal, written and final warnings, which should be documented on your file. Otherwise there may be a case for unfair dismissal. Often, the only way to get fired immediately is gross misconduct and it doesn't sound like that applies here.

The thing is though you've not been there long and different rules may apply because technically you're on a probationary period. It's not so good you don't have a contract either - next time insist on one. This time, you need to check the exact terms of your employment - contact your personnel department, or your manager if there isn't one.

Answer 4

Depends on your state employment laws. Federal laws state that the first 90 days are probationary and you can leave or be asked to leave without a reason being given. This is the period of time in which you find out if the job is what you want and your employer finds out if you are the one they want for the job. Sounds like you are very young and need some skills in dealing with others. Why would you want to go back and work with someone that already let you go? You need to start looking for something else, and forget that this happened. If you don't other potential employers are going to think you are trouble.

Answer 5

I would - definately. They cant sack you for something like that without proof that they gave you verbal and at least two written warnings about it - Im not sure if this relys on a certain amount of time being employed there though.
Call the Citizens advice beaureu. They are good at stuff like this it is what they are there for and its free!
Good luck - with a boss like that you wouldnt have wanted to work there anyway! Their loss - I hope you find another (nicer) job soon.

Answer 6

without an actual contract its hard to say - as this would have outlined thigs like probation and grievance procedure, including your rights. It also would have stated your start date and allowance pay and benefits. You could probably take a claim of unfair dismissal but its hard to say if it would work out in your favour because of this. You maybe able to take a claim of slander or discrimination (depending on the rumour) - best to talk to your solicitor if you have one or invest your energies in finding a new job - next time get the contract ASAP - its not your fault though it sounds like a crap place to work with staff turnover high and sudden. Theres plenty better places to work - good luck!

Answer 7

Firstly, so sorry that you lost your job, I don't think you could go for unfair dismissal as you didn't sign a contract. In my company, you are on 3 months probationary before a contract is signed, you can lose the job anytime within that 3 months if it is felt that you are not satisfactory. Good Luck finding a new job though

Answer 8

You can try but I don't think you will get anywhere with it. You have not been there long enough. An employer can sack you for his own reasons within the first year of employment. Sorry, as sh**y as it is, that's about the size of it. Sorry to hear this and good luck with what ever you do.

Answer 9

Sounds more like a case of slander to me. You need to find out what was said about you that was so bad, your boss felt he had to get rid of you.

You have to be in continuous employment for 12 months before a tribunal would look at this.

You need to find out the REAL reason you were dismissed. That will be the hard bit.

Consult a solicitor.

Answer 10

You could try it, but actually most employment in most states it "at will'. This means you both try each other out for the first three months and if it doesn't work out for any reason, you both part ways.

It really isn't worth the energy to get worked up about it. The "he said she said" game doesn't work in lawsuits. And depending on what state you live in, you may not be able to sue your employer.

It's best to move on to something else and be careful on the next one, that's all.

Answer 11

Is there a union within the company you can talk to? He shouldnt sack you before going through the dismissals precedures, verbal warning, written warning and final written warning.