SAR request

[diecastdave]

Hi I was employed at a company for less than 2 years. In may 2025 the new no experienced manageress and I had an arguement. She was seeking retaliation because I put in a grievance against her Daughter in March telling me I have to do a job 7 minutes before my shift. She was shouting loud and ordering me to do the job. She is on the same level as others in the department. Just a number.
The manageress had been harassing me since shortly after I started there. I have logged 2.5 pages. The day before the latest incident with the manager , she gave me an additional job knowing I can't get it done. My late clock off time clearly showed this. I decided to put a grievance against her. The following day I put a little stone on her desk and said "if you can get blood out of this stone I'll give you a thousand quid"
long story short. We had an arguement, she raised her voice so I followed, her Daughter butted in saying she has done Jack Shit and that I'm a f****** liar. (maybe relating to the grievance)
All 3 of us were shouting. A colleague took my arm and pulled me away. She advised me to go get a drink. Not once did I threaten any member of staff and I did not swear.
I was suspended for shouting. I was sacked on 16th of this month. I was told my behaviour was witnessed by a colleague. (plural) In an email today it states multiple witnesses.
I requested all statements. But it was refused because it will show the names on those statements. I have been in touch with the ICO and was told that I have the right to the statements in redacted form.
I knew that. The ICO said I should have been given an oppertunity to refute the allegation/s and I should have been given the oppertunity to appeal the decision to terminate my employment.
I have to put in another request for the statements in redacted form. The Daughter of the manager is till in her job even though she swore aloud and was shouting when my colleague pulled me out of the office. I since found that she went against me and made a statement.

Has anybody else had similar problems?

Any help would be greatfully appreciated

Thanks

[echat11]

ULA One for ULA.

[ULA]

If you are looking for a legal perspective on this, with less than 2 years service you can be dismissed with little recourse unless there is the potential that your dismissal was related to a protected characteristic or a few other criteria, which from what you said, they specifically would not apply.

Can you confirm when you started your employment?

Good practice and that is all it is, would suggest that if a company is terminating an employee, even with less than 2 years service, there should be some disciplinary process followed, including a right to appeal, even if it is a shortened version of the full process for staff with more than 2 years service. However, this is good practice and not a legal requirement. It may be worth checking whether the company's disciplinary policy has a shortened version for employee's with less than 2 years service. If so then they should have followed this process in dismissing you.

There is also a perspective of consistency in how policies are enforced for similar situations. If your behaviour was witnessed by a number of colleagues then so would the behaviour of the other two people involved in the incident that led to your dismissal.

[diecastdave]

If you are looking for a legal perspective on this, with less than 2 years service you can be dismissed with little recourse unless there is the potential that your dismissal was related to a protected characteristic or a few other criteria, which from what you said, they specifically would not apply.

Can you confirm when you started your employment?

Good practice and that is all it is, would suggest that if a company is terminating an employee, even with less than 2 years service, there should be some disciplinary process followed, including a right to appeal, even if it is a shortened version of the full process for staff with more than 2 years service. However, this is good practice and not a legal requirement. It may be worth checking whether the company's disciplinary policy has a shortened version for employee's with less than 2 years service. If so then they should have followed this process in dismissing you.

There is also a perspective of consistency in how policies are enforced for similar situations. If your behaviour was witnessed by a number of colleagues then so would the behaviour of the other two people involved in the incident that led to your dismissal.

Thank you ULA that is good info from you. I was employed for about 20 months. I know a little about employments laws. My Brother was a qualified chairman. The employer is a new company given a contract tosupply services to the big company that I was working ig. The employer took over on Mar the 3rd 2025.
Twice they have tried to change the wage structure in their favour, leaving staff upto 3 weeks without pay but the company failed.
Before I was suspended, there was a big problem with them handing contracts to the staff. They may have a company policy but I was not offered one. Without their policy I don't know what I can do.
The non experienced Manager started the shouting. Her just a number Daughter followed her Mother. Eventually, we all started shouting. They were both still shouting when I left the room.
They are still working.
The HR told me that she can't find anything wrong with grievance put in against the manager, she also couldn't find anything against the Daughter. I have 2.5 pages of notes how I was treated by the manager. and the HR couldn't find anything wrong, nothing to support my allegations?
All help and advice from you is always appreciated.

Thanks

Diecast Dave

[bazdvd]

less than 2 years service means no rights.

[ULA]

bazdvd not necessarily there is such thing as automatic unfair dismissal which can apply regardless of length of service, depending on the nature of the dismissal.

[diecastdave]

If you are looking for a legal perspective on this, with less than 2 years service you can be dismissed with little recourse unless there is the potential that your dismissal was related to a protected characteristic or a few other criteria, which from what you said, they specifically would not apply.

Can you confirm when you started your employment?

Good practice and that is all it is, would suggest that if a company is terminating an employee, even with less than 2 years service, there should be some disciplinary process followed, including a right to appeal, even if it is a shortened version of the full process for staff with more than 2 years service. However, this is good practice and not a legal requirement. It may be worth checking whether the company's disciplinary policy has a shortened version for employee's with less than 2 years service. If so then they should have followed this process in dismissing you.

There is also a perspective of consistency in how policies are enforced for similar situations. If your behaviour was witnessed by a number of colleagues then so would the behaviour of the other two people involved in the incident that led to your dismissal.

Thank you for your reply ULA. I started my employments 19 months ago. I still have the emails where it states that a date will be made for a disciplinary hearing/meeting. I was promised a disciplinary hearing after the grievance against the Mother (new non experienced manager) has been investigated. (I still have the email). The ex-employer HR did not investigate the Mother or her Daughter. She was the worse, shouting aloud calling me a F*****g liar. Just like other employers, colleagues are afraid to speak up.
This is extracts from my letter of my termination. "You also raised a grievance against your manager. "We considered it important to hear your grievance fully before progressing the suspension investigation and I would like to thank you for participating openly in that process and for sharing your concerns". "These concerns have been taken seriously and will be reviewed and addressed internally"
"it is clear that your behaviour during the incident in question fell below the expected standards". "You acknowledged placing a stone on your manager’s desk with a provocative comment. You admitted to raising your voice during a confrontation in the workplace and there have been witnesses. There were reports of your conduct being perceived as aggressive, with the incident being witnessed by a colleague". Not once was swearing mentioned. I never swore and I am not that sort of person "As you have under 2 years’ service with the company, we are entitled not to invoke internal procedures". Not once was swearing mentioned. I never swore and I am not that sort of person. HR says ""there were reports there have been witnesses). I questioned her about the statement/s and she said "multiple statements"
A few contradictions then.
I challenged all those who made a statement to take a lie detector test, all costs to me. I have not received a challenge mmmm! I believe I have the grievance transcripts on my computer where I state the manager started shouting first so I followed.

Up to my suspension I never had a contract or staff handbook. While on suspension I requested documents/statements under the SAR rules. After being refused twice, I contacted the ICO again putting in a complaint against the ex - employer. According to ICO, the employer has to disclose the documents. HR know that I know the statements are contradicted.

I have read ACAS rules and they state that HR has no authority sacking an employee (or words to that effect). Apparently, it has to be somebody in a senior position or a manager and signed by that person then counter signed by HR. I have questioned HR about that yet. I'll ask her about it this week.

Thanks for your help and advice ULA. I appreciate it.

[monsal]

I would suggest removing the name in your above post. A public forum is not an appropriate place to post this and this will certainly not help your case and could help to identify you as well.

[ULA]

You say that you "have read ACAS rules and they state that HR has no authority sacking an employee (or words to that effect)." Do you know if the HR person had delegated authority to make the decision? This is what your ex-employer may argue.

I go back to my post #3 that with less than 2 years service you would need to prove that the situation surrounding your dismissal fell under the criteria for which automatic unfair dismissal applies. Alternatively you would need to prove a breach of an implied or express contractual term of your employment that occurred during your dismissal i.e. not paying the correct notice period, for it to be a wrongful dismissal. This also does not require 2 years service.

[diecastdave]

Apologies for my late reply but I had to look after my 90 year old Mother 245 miles away. When I was suspended I still hadn't received a contract or staff notebook. All staff working for the new contracted company/s still hadn't received their contract or staff notebook.
In the ACAS rules it states HR can not terminate an employee. The document states my employment was terminated because I put a little stone on the manager's (zero experience) desk and for shouting at her. The document has been signed by HR and nobody else.

[ULA]

No worries and sorry to hear about your mother.

Generally, you do not receive a new contract after a TUPE transfer; your existing employment contract, including terms and conditions, transfers to the new employer.

As I have previously stated you have less than 2 years service, so your employment can be terminated for a non-protected reason without a formal disciplinary process being undertaken, provided yhey gave you correct notice. As there is no formal process to follow the termination letter can be sent by HR.