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Contract terminated without any prior warnings

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  • Contract terminated without any prior warnings

    Hi, i am a part time worker at a petrol garage in Kent.
    Recently the company i was employed with was sold and bought by a different company and a independant buyer who would run the shop and business.
    I have worked for him for nearly 2 months, today i got called into work to attend a meeting - this was out of blue and unexpected i attended and was allowed to have my fiance present for the meeting he instantly told me that my contract was being terminated due to "poor work conduct". this is because i was using my mobile phone at work. he said this was unacceptable and instantly sacked me. I have had NO prior warnings or meetings regarding this behaviour or issue. I appreciate i should not have used my phone at work and whilst on the till but i feel it was not a sackable offense and with no prior warnings or meetings about this , it just doesnt feel right for him to be able to instantly sack me - he has given me a weeks notice and doesnt want me working it. we was taken over and protected by TUPE. i was however never given a contract from the original company but 2 staff members have told me that their was disaplinary procedure with our old company and one that was not followed by this guy, so our old terms and conditions that were supposed to stay the same - have been broken. please advise me what i can do. i have worked there for 7 months and in the 2 months i worked under the new company experienced great stress, anxiety and more frequent migraines. Please help!
    Tags: None

  • #2
    Re: Contract terminated without any prior warnings

    Sorry to say that having worked there for less than 2 years you have virtually no rights and can be sacked for any reason which is not related to a discrimination based protected characteristic.

    Yes, he should have followed a proper process but in reality there is little you can do about it.
    [MENTION=19071]teaboy2[/MENTION] may have other thoughts.

    Comment


    • #3
      Re: Contract terminated without any prior warnings

      How long did you work for the previous company before they sold out to the new employer? Because if you had worked a total of 2 years or more, under both employers then your can make a claim at tribunal.

      Though from what you have said, he is paying you a weeks notice, that suggests he has given you notice, rather than dismissed you. And an employer is entitled to give you notice to terminate your contract of employment, though if they do not wish you to work your notice then they most pay you your notice period as a tax free payment, as said payment is compensatory for not allowing you to work your notice period. Also said notice period depends on your total length of service under employment (in your case, when you first started working for old company that sold out to this guy til your your last date working for this guy).
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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      Comment


      • #4
        Re: Contract terminated without any prior warnings

        @teaboy2 is completely right and I missed that completely. Apologies.

        Comment

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