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1. gohan - Member

   hello singletrack forum! ive been away for a while but i seek your advise,

   i started work for a UK Ltd company on 6th june this year, last friday i got fired,

   they tried to tell me that i had not earnt any holiday at all and they would give me out of the goodness of their hearts 5 days holiday at christmas, i told them that they were wrong after i had called acas and confirmed my entitelment, one of the directors told me that if i was right the company would not be able to afford to keep me, next day after saying i was owed more they fired me as my employment was not working out,

   i know my rights as i have spoken to acas and i used to run a store with 18 staff so have had the holiday dispute many a time, what i need advise on is should i really go for them, should i just let it go as they have agreed to pay me the holiday owed or do i take the fact they are paying me the holiday as an admission of guilt and really go for them??????? what would you do?

   Posted 6 months ago #
2. wwaswas - Member

   not sure you have a huge number of rights re: dismissal in the first year?

   sounds a bit shit thought.

   Posted 6 months ago #
3. Cougar - Member

   How badly do you need a reference?

   Posted 6 months ago #
4. project - Member

   They cant afford you, for the cash /holiday element and possibl;y because they think youre trouble, just move on and look for another job.

   Posted 6 months ago #
5. Zulu-Eleven - Member

   Sure TJ might be along with confirmation, but AFAIU, you would not be able to go for constructive due to your length of service, but may well have a good case for automatically unfair dismissal

   depends if you can prove they said that... Your calls to ACAS may be good evidence towards the fact that you did, as I believe they note down calls for that reason, their lack of evidence of recorded performance issues before they "coincidentally" decided your employment wasn't working out may be crucial to it too.

   Posted 6 months ago #
6. poly - Member

   (1) Its not constructive dismissal. That is when they make life so hard for you that you quit, so they don't have to fire you.

   (2) They are free, within the first year of your employment, to dismiss you because "its not working out", or because the cost is not viable, or they've decided you are a troublemaker. The only reasons dismissal would be unfair in the first year is if it related to gender, disability, race etc,

   (3) You are entitled to holidays, but the employer is allowed to refuse your requests and insist on when you can take leave (subject to various notice requirements).

   (4) Even if a tribunal were to find in your favour, then it could (a) reinstate you [which given that this is presumably a small employer is neither practical nor sensible] or (b) award compensation. In terms of holidays that is normally just the missing pay - which you are now going to get. Other compensation, for a job which you've been in for 4 months, that presumably isn't that highly paid (if it was then I'd expect a contract that clearly covered it, and a better understanding of holiday pay from the employer) would be unlikely to run to much... I think your efforts would be far better focussed on getting another job and ensuring that your employer is going to give you a reference.

   Posted 6 months ago #
7. grantway - Member

   Don't think you have any rights one bit.
   Only thing you can do is go to the Papers and embarrassing them.

   Posted 6 months ago #
8. project - Member

   grantway - Member
   Don't think you have any rights one bit.
   Only thing you can do is go to the Papers and embarrassing them.

   Posted 4 minutes ago # Report-Post

   and youll probably never work again for an employer

   Posted 6 months ago #
9. TandemJeremy - Member

   Wot poly said

   Posted 6 months ago #
10. mtb2020 - Member

    If you've only worked for them for a short time, I wouldn't put them on my CV at all - you can't always trust employers who are firing you to say nice things about you. Just airbrush them from your life totally, and start with a clean slate. Then knowing they've got no hold over you then, you should be able to forge ahead with more confidence. I used to keep it all in, in difficult situations and if I had my time again, I wouldn't have stuck things out or played by the rules, I would have got out quick, and told a fair few were to F*)K right off to. If you've got lots of options you're alright. Fight back and don't let the *)(*S get you down.

    Posted 6 months ago #
11. nmdbase - Member

    Under a year service and you have little rights I think

    Posted 6 months ago #
12. gohan - Member

    cheers everyone, once they have paid me (promised yesterday but not been done......) im going to just get on with it and find a new job, as long as they pay me and its what im owed! Mtb2020 good idea, i will cleanse my cv immediatly!

    Posted 6 months ago #
13. freddyg - Member

    You have my sympathy.

    I had a similar experience in summer last year. I walked away from a safe (as they can be) job in a multi-national corporation to take a senior position in a small, independant, local firm that was rapidly expanding. I was employed as the IT manager and really wanted to make a difference.

    One of my first tasks was to examine the companies infrastructure and evaluate the performance of the staff (I was told that this was with a view to getting rid of 2 of them). The report was completed and submitted - the directors did not like the findings. I told them their infrastructure was seriously out-dated and needed investment (the previous manager had to resort to e-bay to buy 2nd hand parts) and the two members of staff they wanted to get rid off should be retained and coached (they were good lads on just over minimum wage - just a bit young and misguided)

    I was sacked after 6 weeks - "It isn't working".

    B*stards.

    Posted 6 months ago #
14. Rockape63 - Member

    There's always a danger when you join a small company that regardless of how good you are, you won't last long.

    The dynamics are so different in small companies, where the Directors are used to doing things their way and wanting to continue like that. In their opinion, you either fit in or f##k off!

    Larger organisations have much more political set ups with layers of management that cannot make decisions like that very quickly.

    Posted 6 months ago #
15. ernie_lynch - Member

    i know my rights as i have spoken to acas ....... what i need advise on is should i really go for them

    Surely if you've spoken to ACAS you realise that you really don't have much in the way of rights ?

    They have agreed to pay your holiday entitlement - end of story.

    To get a more satisfactory resolution than that, would require for the workforce to be unionised (an unlikely scenario I assume) and an official dispute declared. But even then, everything is stacked in the employer's favour and the chances of success are remote.

    If you are dissatisfied about being treated shabbily by an employer then my only advise is that you remember the experience next time you are asked to vote.

    Posted 6 months ago #

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