Employment Terminated

[Berniecuddles2]

morning all been off work since 1st of march have sciatica quite painful sent in work sick certificates now i have just received a letter telling me they are terminating my employment with them for no reason..no warnings no one has spoke to me about anything ive done nothing wrong if i could go back to work by now i would have but the pain is too much...what is my next step please any help would be good!

[hc4361]

How long have you worked there? What was your sick leave like before March?

[Berniecuddles2]

started last may had 2 days sick in that time

[grasscarp]

I would reply to the letter asking them on what grounds you are being dismissed. You will need to know that in order to challenge what they are doing or trying to do. You will have a contract with them and need to know if you are in breach of it, or they are in what they are doing.

[Islay]

How long have you been employed by them?

[Islay]

So less than a year and still in probation? They don't need to give you a reason for termination of employment.

[murraymints]

seems harsh cuddles...although if you have been with the company less than a year it seems you have virtually no rights these days...is this a recurring illness ? ..also if this is a small employer your rights as it were are diminished....have you contacted HR for some kind of explanation ?? so many ifs and buts with employment law nowadays..CAB ? hope you are better soon..very painful condition

[Berniecuddles2]

i will do that grasscarp surely they must give a reason

[hc4361]

There is nothing you can do as you have been employed by them for less than two years.

[hc4361]

Qualifying period to claim unfair dismissal

You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal. If you’re classed as an employee and started your job:

on or after 6 April 2012 - the qualifying period is normally 2 years


https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed

[murraymints]

I would deliver a bag of poo to HR !! lol

[Berniecuddles2]

hi MM no not recurring illness but i do work on my own where i am and it is difficult i suppose as there is no one to cover me i need to find my conyract..thats if i have it

[Berniecuddles2]

nothing i can do...wonderful

[murraymints]

I think there is a difference between unfair dismissal and just plain "getting picked on " however..it might just be better to move on cuddles lest there be a wee bit of after the event victimisation.although that is a strong word..you know what I mean...

[hc4361]

Phone them and ask why they've sacked you.

[murraymints]

you can always ask for a copy of contract..although sometimes merely the letter of offer is deemed as such...

[Berniecuddles2]

so if the worst comes to the worst ive been dismissed does that mean i cant get to sign on for 13 weeks?

[Berniecuddles2]

but surely they have to give a reason for dismissing me even if its because im off sick...seems unfair to me

[RATTER15]

Bernie, I am again in this position. I know why I have been sacked though, Managers in Care Homes don't like Whistle blowers! it causes a lot of disruption and costs money.

This is why many care homes are in the state they are now, because if you stand up for the rights of the vulnerable the company with get rid of you and class you a troublemaker.

[RATTER15]

No Bernie, they do not need to give you a reason.

[hc4361]

Phone them and ask them for a reason, then ask them to put it in writing