False allegations, wrongful dismissal

[Chancho]

Hello. I have a question on behalf of myself and my girlfriend regarding a situation between our mutual employer and us.

I am an assistant manager working in a pub chain, my girlfriend also works part-time at the same site. We both live in the staff accommodation above the site. Yesterday we got into an argument with another assistant manager that also lives in the accommodation about taking out the rubbish from the kitchen of the accommodation. The assistant manager in question contacted the general manager, with whom she is good friends, about our conversation. Afterwards the general manager told my girlfriend that she was fired from the company and had to immediately leave the property. I was told after a conversion with the GM some time later that I could remain in the accommodation and in my position, but she would still need to go.

Today, both my girlfriend and I were informed by email that we both must leave both the company and the accommodation. The emails we received were identical to the point that the information regarding my girlfriend in her email being erroneous, for example stating that she is an assistant manager. We believe that we have been fired without the proper procedures being followed as set out in our contracts. Secondly, that the reason for us being fired is false, as the email sent to explain the reason did not mention then incident with the assistant manager at all, rather it said that we not performing to acceptable standards in our work.

We would like to know what our options are. We have contacted both the GM's boss and the company's HR department and have set up a meeting for next week to discuss the issue and separately contacted a solicitor, however being the new year they have not responded.

[echat11]

Hi CHANCHO

How long have you worked for the company?

This sounds like a vindictive action on the part of the General Manager, at the behest of the other Assistant Manager. Has there been any other issues with this Assistant Manager at work, or outside of work.

The accommodation rubbish has nothing to do with your performance at work. It all sounds very petty and 'unnecessary'. As a side note this is the worst time of the year for 'rubbish'.

[Chancho]

Hello.

We have only worked for the company for around 6 weeks or so it hasn't been very long. There haven't been any other issue between us and the AM at work but she does continuously moan about the cleanliness and tidiness of the accommodation.

[ULA]

I agree that the way the company has acted is not very professional, however as you both have less then 2 years service a company can dismiss you fairly without following any procedure, or even giving a reason, except in the following instances:

1. Your contracts of employment contain clauses regarding a disciplinary process which needs to be followed even if there is less than 2 years service or there is a company disciplinary policy that states this and it is a contractual part of your employment.
2. You have been dismissed because of discrimination due to a protected characteristic e.g. race, age, religion etc. which is classed as an automatic unfair dismissal even if you have less than 2 years service.

I would certainly try and set up a meeting, particulary of the reasons given in the emails for the termination of your employment do not accurately reflect what you believe the actual events leading to this siutation where. However please take acccount of what i have said above