I've been sacked...?

Question

I've been working at subway since very late October 06, and I just learned today that I'm being 'let go' because my boss can't afford me on as staff any more and because they don't have enough hours... That's their excuse anyway.

My question is, can they really just fire me like that? Obviously if they sacked me today, they've gone past the 90 day period, so what's the loophole there...

I didn't sign any contract or anything, though, so I don't know if they're within their rights, or if I've just been screwed and need to do something about it...

So, do I deserve some sort of compensation, of what? what do I do?

It seems like some crappy timing since my husband and I were in the last stages of buying a house... At least they didnt' wait until we'd already signed the papers...

... Yes, actually, I AM an immigrant, I've moved from the U.S., thank you.

Also, who cares if it was subway, it pays the bills, just because I'm not working at NASA doesn't mean anything.

I don't actually want any benefits, I just need to know all my options... I've already started job hunting again, anyway... I'm not going back to fast food though, screw that.

Where in that text does it say ILLEGAL? I have all my proper visas to work and reside in the UK. I'm not an illegal immigrant, I'm just an immigrant. There's a difference.

Answer 1

To clarify the situation for you as some of the remarks on here are shamefully inaccurate. it looks as if you have lost your job due to your post becoming redundant, ie they don't have the money to pay for your hours. There is nothing that can be done about that - hundreds of people get made redundant every day. (I understand each Subway is a franchise, so they all employ their own staff.) Therefore, your dismissal was fair.
However, your employer does have to go through a formal dismissal procedure which is given in detail here www.acas.gov.uk. If he fails to follow this, that in itself is a reason to take the employer to an Employment Tribunal. You are not entitlked to any redundancy pay as you have been employed there for less than 2 years.
You did have a contract with the employer - when he offered you the job, this is a contract for employment purposes. He should have given you written terms and conditions within 8 weeks of you starting and this in itself is an offence. However, you still have protection of the law - there is no such thing as probationary periods in UK employment law - you get rights from day one.
As you are not used to our ways, I suggest you do what others here have said and contact the CAB, but the acas helpline is also very good.

Answer 2

There is no loophole. There is nothing legally that says they can't fire you, even if it's for no reason. You won't get your job back, esp. if you were let go for budget cuts. And even if you put up a stink and sued if you DID have any grounds, they'd probably give you little or no hours.

The best thing you can do it just start job hunting. Good luck. You can also try signing up with temp agencies in the area. They generally pay well (better than Subway) and as long as you know how to get around on the computer you're pretty much guaranteed steady jobs.

Answer 3

Kennie,

In a nutshell, you were laid off for shortage of work which is an acceptable reason. So, you have no recourse for further compensation.

I admit, I live in the province of Ontario in Canada, so our labour laws may not be same as where you live. Shortage of work is one reason listed on our Record of Employment (ROE) which an employee is given when let go. There are a few others but, the point is, what the manager cited is probaly acceptable (legally and for unemployement benfits.) Next, in Ontario, the employer is entitled to a probabtionary for new hires. It can be up to a year or as little as 3 months but if none is stated in writing then 6 months is assumed. During the probationary period, the employer is not required to give a reason for terminating the new employee and the new employee has zero legal grounds to sue. The only exception is if discrimination was the reason for the termination. Also, just because you never signed an employment contract doesn't mean you aren't entitled to your labour rights. In the absence of a written contract, certain default provisions are provided by law. Also, in Ontario, an employer must give you "notice of termination" meaning you are either told in advance when your final working date is or they must pay you an amount in lieu of notice equivalent to what you would have earned if notified. I find it strange that you never signed anything. Here in Canada, you can't get paid unless you fill out a Revenue Canada tax form, especially for a big franchise company! You had to have signed something!

So, getting to your case, there's probably nothing you can do for further compensation. You were there less than 6 months so you were on probabtion anyway. Further, he did give you a reason that, legally, is justifed for laying off an employee. Mind you, he would have to prove it in court if you sued but you can't sue because you were on probabtion anyway!) Finally, he should have given you notice but, again, because you're on probabtion, he can just let you go on the spot.

Here's what I suggest you do. Did you ask him/her for a reference? How about working at other Subway locations? This last point is a good way to find if there is more to your termination than what he/she said. If you ask about returning in the future or work at another location, and they give a nervous, wishy-washy answer, then there's more to your termination than they told you.

Anyhow, all is not lost, you can pick another one of these jobs quickly. They're dime a dozen!

-- Liam

Answer 4

You weren't fired, you were layed off, or as it is often called RIFed, (Reduction In Force). When you are hired for a job, you are NEVER guaranteed a job forever. Everyone, from executives to newbies can be layed off due to fluctuation in business. You must be very young and inexperienced not to know this. You haven't been screwed. Management of a business includes only having the amount of staff your business can afford to pay based on the amount of sales. You may be eligible for unemployment benefits. You became separated from your job through no fault of your own. In the U.S., that would mean you are entitiled to unemployment benefits, but since these are based on how much you earned, it probably won't be a lot. Try to remember, business is business. Whether you (or anyone else) needs the money is not a factor in managing your work force. Not everyone who is out of work chose to be that way.
EDIT ADDITION; Something positive you can do; find out what the term for being layed off is in the UK (I think it's called being redundant, but you should ask). When you apply for new jobs, be sure you use that term when you are asked why you left your last job. That makes a big difference. You weren't fired for misconduct or incompetence or fraud, you were let go based on a slow business cycle.

Answer 5

HI-, It maybe a genuin case of not enough work load, & there again it could be if you didnot get on with any of the other staff, someone may have made a complaint, Anyway you should get a week in hand wage + the week you have worked, + a days pay for every week you have been in there employment, YOU can phone ACAS, & they will tell you iff you have been wrongfully dismised & iff you have any pay to come,You will find there phone num in the yellow pages, & it does not matter What nationality you are you have the same rights as anyone, Good luck, D.F;

Answer 6

Yes, you are finished. However the good news is your life will probably get better. Most successfull people have been fired and a lot of them have been through bankruptcy. Lets face it a career at subway is not a career unless you are a district manager or owner. When I think of subway, I think of jobs for teenagers or for people working part time for college. Hang in and improve your life.

Answer 7

You bought a house on Subway wages???

If you are THAT much of a financial whiz - seriously - you SHOULD be working somewhere other than Subway!

Yes. It's called "at will" employement - it also means you can quit at any time (2 weeks' notice is a courtesy, not a requirement) without the company saying how harmful it is to them.

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Answer 8

I honestly don't know the leagal side of this, however many lawyers will give you a free consultation to see if there's anything that can be done.
You may qualify for unemployment benifts. At least it would be something until you could find another job. There are several links at the following web-site that may be helpful.
Good-luck to you.

Answer 9

if you had of sign a contract i would have said you could get redundant money but you said you nevver basically without that contract they can walk all over you there there to protect us aswell as there intrest it may be worth you while poping into the nearest CAB and having a chat with them however i dont think it will sorry to sound so glim
hope things work out ok for you in the end

Answer 10

It was and is out of order, I think they either dont rea;ise the rules about giving notice- as you werent sacked under dismissal or misconduct -you were sacked due to thier problems.

You were entitled to the notice if not for the money but for the common decency!

I think you should speak to someone from your boroughs C.A.B
(Citizen's Advice Beure ) they give free independant advice and let you know your rights and how to challenge your ex- employer.

Its worth your while visiting them, they will be able to act on your behalf and if they cant help they know of people who can.

even if you didnt sign a contract, you would have been on the payrole - unless it was cash in hand which would put your boss down as stupid- as cash in hand AND not giving notice before sacking anyone- he may loose HIS job!