been told i am dismissed over phone is this ok and

[halsaps]

been told i am dismissed over phone is this ok and i havent even started at the site i was hired to do security. .I have had nearly 2 months of nightmare.. Started beginning of Dececember 2 days before due to start told due to electrical problems told wouldnt statart till new year. So then i was reallly worried as i needed money to pay mortgage he then at the last minute got me just overover a weeks work and believed would be at same rate as the site as the site i would have started at which was £7.90 so
did that and he didnt tell me anything about the rate so took it as that he then produced 2 nighmare weeks of work over christmas 23.12 was 4.00 pm - 7.0am 15 hrs & 24.1.216 3.00pm -7.00 oam 15 hrs the rest of chrismas. W was 7-7 i got boxing day off. And the 30 th dec that was it i also had argument with him about the rate which for nights was the same as the day rate of £7.90 i had 2 days off after the 2.1.17 luckily i was then told. iwould do the college site for the rest of the week and not start at the company i was due to as it wasnt ready i found that the rate i was doing this college site was £7.20 not £7.90 so i was furious and emailed him that i was not happy did the work ok and reported incents more than the other 2 at the site i see him yesterday nothing bad and he would find out possibly about my original site i sent an email saying i needed to know if he would do it at. £7.90 and to get his final response on it if i needed to ask acas and this evening other the phone he basically dismissed with no right off reply to him know i have the weekend to eorry what am i to do know help please this cant be ok

[Sangie595]

Re: been told i am dismissed over phone is this ok and

been told i am dismissed over phone is this ok and i havent even started at the site i was hired to do security. .I have had nearly 2 months of nightmare.. Started beginning of Dececember 2 days before due to start told due to electrical problems told wouldnt statart till new year. So then i was reallly worried as i needed money to pay mortgage he then at the last minute got me just overover a weeks work and believed would be at same rate as the site as the site i would have started at which was £7.90 so
did that and he didnt tell me anything about the rate so took it as that he then produced 2 nighmare weeks of work over christmas 23.12 was 4.00 pm - 7.0am 15 hrs & 24.1.216 3.00pm -7.00 oam 15 hrs the rest of chrismas. W was 7-7 i got boxing day off. And the 30 th dec that was it i also had argument with him about the rate which for nights was the same as the day rate of £7.90 i had 2 days off after the 2.1.17 luckily i was then told. iwould do the college site for the rest of the week and not start at the company i was due to as it wasnt ready i found that the rate i was doing this college site was £7.20 not £7.90 so i was furious and emailed him that i was not happy did the work ok and reported incents more than the other 2 at the site i see him yesterday nothing bad and he would find out possibly about my original site i sent an email saying i needed to know if he would do it at. £7.90 and to get his final response on it if i needed to ask acas and this evening other the phone he basically dismissed with no right off reply to him know i have the weekend to eorry what am i to do know help please this cant be ok

This is very difficult to read as a single block of text without any punctuation. But if I haven't missed anything, this comes down to "Can he ring you up and tell you not to bother starting?" and the answer is "yes, he can". And I am afraid that you appear to have contributed to this situation yourself. You were responsible for finding out what the rate was for alternative work - "believing" you would be paid the same is not very sensible. You didn't ask, you just took the work. So not his fault at all.

Then you had an "argument" about the rate for night work. But again, you had not asked about the rates for this work. You made assumptions and then complained after the event about what you had believed.

So then you repeated it all over again and emailed this person because your were "furious" that, yet again, you had assumed a rate of pay for the work which you had not asked about.

And then you sent him a threatening email saying, it would appear, that he must pay you more or you would go to ACAS (who, by the way, couldn't have done anything because he didn't do a thing wrong). And you are wondering why he "sacked you" - which it appears he did not do. There is no further work for you. You won't be offered any further work.

Depending on the basis of your employment contract, which appears to be casual but there is little information to be sure about that, you may be entitled to a weeks notice - but quite probably not as this employment appears to have been on some form of "as offered" basis and you have completed the current commitment.

Being offered work is not the same thing as having a right to it. This guy (whoever he is - an agency rep?) would have been perfectly entitled, back in December, to have told you the work was delayed and left it at that. He wasn't required to find you anything else to do. So if you didn't determine the terms of other work offered, that was down to you. Blaming him for what you failed to do has resulted in you becoming seen as a problem worker, and so no further work is being offered to you.

I suggest that you draw a line under this and learn the lesson - do not make assumptions about things. If you wish to know the terms of work being offered you must ask, and if the rate is not satisfactory you must refuse the work. Not complain about it after the event and get into arguments, by email or otherwise, because you aren't happy about the pay.

[halsaps]

Re: been told i am dismissed over phone is this ok and

This wasnt thru an agency he told me work was starting and next minute contract off i had to go to there office to make sure i got work and gave him ample chance to tell me the rate. I have been on acas website an asked them about wrongful dismissal they haven't followed there procedures he wasn't answering texts i didn't mention acas.I tried to get the rate off him from the beginning. I will see monday

[Sangie595]

Re: been told i am dismissed over phone is this ok and

This wasnt thru an agency he told me work was starting and next minute contract off i had to go to there office to make sure i got work and gave him ample chance to tell me the rate. I have been on acas website an asked them about wrongful dismissal they haven't followed there procedures he wasn't answering texts i didn't mention acas.I tried to get the rate off him from the beginning. I will see monday

I'm sorry but regardless, there is nothing you can do. You don't give people "ample chance" to tell you the rate of the work. You knew this was different work than that originally offered, and you should have asked whether the terms were the same. This was not the same job, and surely it was obvious that it wasn't the same job? And they don't have to follow procedures unless they were contractual - which they pretty much never are.

But the bottom line here is that IF you have been an employee for the last five or six weeks, which is not at all clear you were, then you MAY be entitled to a weeks notice. But nobody can force them to give you a job that they no longer want you for. All wrongful dismissal would get you, if you are entitled to it at all, is notice pay. It doesn't get you the job back and it doesn't get you further work with this company. That is done and over, and you need to find another job.

[halsaps]

Re: been told i am dismissed over phone is this ok and

Hi i have an email that says i was employed i know have the termination letter which gives me no notice and makes up false bsd conduct which was from a month ago and hedid nothing and not. say at the time it was a verbal warning and the was nothing written down not misconduct and he gave me no warnings written down he should follow some procedures shouldnt he and there was no full induction in any of the sites i see the director for 5 minutes and he didn't tell
me much about my duties so why isnt it wrongfull dismissal?

[Sangie595]

Re: been told i am dismissed over phone is this ok and

Hi i have an email that says i was employed i know have the termination letter which gives me no notice and makes up false bsd conduct which was from a month ago and hedid nothing and not. say at the time it was a verbal warning and the was nothing written down not misconduct and he gave me no warnings written down he should follow some procedures shouldnt he and there was no full induction in any of the sites i see the director for 5 minutes and he didn't tell
me much about my duties so why isnt it wrongfull dismissal?

Wrongful dismissal is not what you think it is. Wrongful dismissal is when you are dismissed, for example, without being given statutory notice.

As far as I can make out - and I'm sorry but these blocks of unpunctuated text are VERY hard to make sense of, they don't have to give you any notice. The reason is because you didn't have a job. They OFFERED you a job - a job which you didn't start because it was delayed. For that job, all they have to do is say "don't bother starting", because you aren't entitled to any notice. They can withdraw their offer and they have. That is the end of that story. There is nothing else to do.

When this job didn't start, they offered you some temporary work on a week by week basis - casual work. They only committed to temporary work. So they told you what hours to work and for how many days. That is essentially notice in itself - they didn't commit any of this work long term. So you aren't entitled to notice for this work because you already knew it was temporary and the end date.

The employer does not have to follow any procedures. I already explained that. Firstly because the procedures are guidance only. And secondly because you have no rights to claim unfair dismissal without two years service.

So whether it was fair or not, whether they used procedures or not, whether you did something wrong or not - all that is irrelevant because there is nothing you can do.

As far as I can see from the information that you have given here, you aren't entitled to anything. It is possible, IF you were employed on something other than a casual basis in the temporary work, that you MAY be entitled to a weeks notice. And there might be a bit of holiday pay due. But I can't tell you that is the case without understanding the terms of the employment.

But whatever is the case on that, you are going to have to accept that you are dismissed and there is no going back on that. This employer will not take you back, and I doubt they will offer you future work of any kind. So you need to look elsewhere for work. I recall that the last time you posted, before Christmas, I advised you to see if you could go back to your former employer. Have you asked whether they have vacancies? If you already have a good record there, they may be able to take you back on?

[halsaps]

Re: been told i am dismissed over phone is this ok and

thanks for your replies got my appeal tomorrow like you say i dont expect much althougth they didnt say i could ask someone to be with me spoke to acas and said what you said i have got legal insurance would it make much difference if i mention i suffer from depression and. this made it whole lot worse so i feel discriminated again at least i could be starting a new job then i will forget about it.

[Sangie595]

Re: been told i am dismissed over phone is this ok and

thanks for your replies got my appeal tomorrow like you say i dont expect much althougth they didnt say i could ask someone to be with me spoke to acas and said what you said i have got legal insurance would it make much difference if i mention i suffer from depression and. this made it whole lot worse so i feel discriminated again at least i could be starting a new job then i will forget about it.

Suffering from depression has nothing to do with it, so no, it doesn't make any difference. You have not been discriminated against here. You were not dismissed because you have depression; your were dismissed because of the way that you were felt to have conducted yourself at work.

They aren't even required to let you have an appeal, so not telling you that can have someone with you (a work colleague or a trade union rep only) is not really that critical. Without two years service you cannot claim unfair dismissal.