Is this unfair dismissal?

[Granglio]

Hi everyone,

I've been working at a company for the last 5 months. I needed a second job for the extra money so I took one on and notified my line manager. He did not say anything negative about it.

2 days later the department manager calls me to a meeting and fires me on the spot for working the second job. He also gave another reason for something that happened within my first month. I had a review after 3 months and the issue did not come up and my review was excellent and received only praise.

[teaboy2]

Re: Is this unfair dismissal?

Unfortunately you have only been there 5 months so wouldn't qualify to take it to tribunal as you have been there less than the 2 years needed to qualify for making a tribunal claim.

However.... What did your contract say regarding secondary employment? Anything?

Where you employed on full time or on part time hours?

I think the contract likely prevents you from having secondary employment without first obtaining the employers written consent - In other words you probably should have got the employers consent first before getting the second job.

[Granglio]

Re: Is this unfair dismissal?

Thanks for your reply, my contract States the following "in the event you undertake other employment with an employer other than the company, you will immediately inform the company of this in order that the company may comply with its obligations under the working time regulations 1998. I have already waived that right in my contract too.

[teaboy2]

Re: Is this unfair dismissal?

Well thats a strange term - "company may comply with its obligations under the working time regulations 1998" - I see no reason how your starting secondary employment would effect their compliance under the working time regulations! You could work 48hrs per week at both companies and neither would be in breach of the working time regulations!

What was the other thing that happened in the first month?

And what was the reason given in your letter of termination/dismissal?

[Granglio]

Re: Is this unfair dismissal?

I haven't received the letter yet. The other thing was discovering an error and getting the reason for the error incorrect but once I realised the true nature of the error I didn't notify anyone. It was irrelevant anyway as correctly assigning blame doesn't fix it.

[teaboy2]

Re: Is this unfair dismissal?

Ok what date were you dismissed?

And have you been paid noticed and for accrued holidays in your final wage package?

Regardless to blame, the fact you didn't notify them when you realised the true nature of the error is down to you, as your responsible to notify them as soon as you became aware! Though that alone is not worth of dismissal and clearly that was 4 months ago!

[Granglio]

Re: Is this unfair dismissal?

I was dismissed yesterday. I haven't had my final pay yet.

[Granglio]

Re: Is this unfair dismissal?

I have signed a waiver.

[matt3942]

Re: Is this unfair dismissal?

I have signed a waiver.

That's fine - I'm just explaining why that term is in the contract.

- Matt

[Amethyst]

Re: Is this unfair dismissal?

If an employee has two jobs he would need to opt-out on both jobs if together he works average over 48 hours over 7 days. "If a worker is known to have a second job, an employer should ask the worker to consider signing an opt-out agreement if the total time worked is in excess of 48 hours a week. If a worker does not wish to sign an opt-out in this situation, the worker should consider reducing their hours to comply with the 48-hour limit."


http://www.legislation.gov.uk/uksi/1...ulation/4/made

The employer needs to be aware of the second job so he can ensure the employee has opted out OR reduce hours accordingly.

[Amethyst]

Re: Is this unfair dismissal?

Have we figured out on this if the OP had informed the employer of the second job ? as that was a term in the contract.

I needed a second job for the extra money so I took one on and notified my line manager.

Has that been bought up in investigation meetings etc ?

He'd already opted out of the WTD so that shouldn't be an issue - certainly not for dismissal - UNLESS he's employed as a driver etc with stricter regs.

[Granglio]

Re: Is this unfair dismissal?

The more senior manager told me that my line manager had told him I had a second job and it sends the wrong message and then fired me.

[Amethyst]

Re: Is this unfair dismissal?

Okay. As it is in your contract that if you take on a second job you must inform your employer that implies it is acceptable to take on a second job so long as you inform the employer ( in my opinion anyway)

Did your employer follow procedure before firing you ? Did you have any warnings/meetings etc ?

Despite not having been there more than 2 years there are still due processes that should be followed before dismissal.

[Granglio]

Re: Is this unfair dismissal?

I had no warnings verbal or written. My 3 month review said I was "a valued member of the team" then out of the blue I get an email asking me to a meeting in an hours time. I was told they were terminating my employment in that meeting and to leave the premises after clearing out my desk.

- - - Updated - - -

Also my dismissal letter came today and it doesn't give the reasons for dismissal it just says as discussed.

[Tools]

Re: Is this unfair dismissal?

As for following procedure/is it unfair dismissal, the ACAS guidelines or only that, guidance not law.

A failure to follow the Code does not, in itself, make a person or organisationliable to proceedings. However, employment tribunals will take the Code intoaccount when considering relevant cases. Tribunals will also be able to adjustany awards made in relevant cases by up to 25 per cent for unreasonablefailure to comply with any provision of the Code. This means that if thetribunal feels that an employer has unreasonably failed to follow the guidanceset out in the Code they can increase any award they have made by up to25 per cent. Conversely, if they feel an employee has unreasonably failed tofollow the guidance set out in the code they can reduce any award they havemade by up to 25 per cent.

source: http://www.acas.org.uk/media/pdf/h/m...procedures.pdf - Page 1

As you had only worked there for 5 months you have no right to bring it to a tribunal and therefore the failure too follow guidance is not really relevant.

Eligibility to claim unfair dismissal

Employees can only claim unfair dismissal if they’ve worked for a qualifying period - unless they’re claiming for an automatically unfair reason.

Before 6 April 2012	After first year of employment
After 6 April 2012	After 2 years of employment

source; https://www.gov.uk/dismiss-staff/eli...fair-dismissal