Dismissal Advice

[Ashleigh_21x]

Hey geeks, Hope you can help. And apologies as its a long one.

I started working in a spa 8 months ago and on New Years Eve my employer came into the spa and informed me i was being given my notice. Needless to say it was a huge shock as i feel i have done nothing wrong and nothing seemed to be untoward. I couldn't even speak, i just walked out after nodding and got a bit hysterical (I didn't even ask why, I think i need to take a confidence course!!!). Now ive calmed down and i need some professional advice.

I have a meeting on Wednesday and i already feel as though the reasons for my dismissal are going to be unfair (I have never received a verbal or written warning regarding anything) I have had a look on the citizens advice site and generally i need to have been working for my employer for a year before i can qualify for a tribunal or even a typed document of the interview this Wednesday.

I am the worlds worst for worrying and its going to be a sleepless night tonight as i am back to work tomorrow (Even though meeting is Wednesday) Im sick of this worry and feel like the odds are stacked against me.

This could also be racially motivated (I would hate to think this but there have been several occasions where the girls that work on the brow and nail bar receive extras e.g myself and my workmate were the only 2 girls not to receive a bracelet for xmas or the girls get massively thanked for the same work i do and i get a "see ya tomorrow ash") Could be petty, but it all seems a bit unfair.

Sorry for the long thread, I'm really in need of some advice here. What am i actually entitled to geeks?

Any help would be great.

Thanks so much
Ashleigh xxx

 

[MissJulesBeauty]

Hi ya

I am afraid I cannot offer you much advise really as I am not up on employers rights etc but I do think you should take someone to this meeting with you. Even if it someone just to witness what has been said. It is your right to have someone there with you.

I don't know whether you are self employed or on the payroll but either way I feel for you! Hold your head up high and try to be as confident as possible. Get as much information as possible. Maybe jot down some questions for them before your meeting.

Whatever happens I am a strong believer in "everything happens for a reason" Make 2012 your year regardless of what happens x You can become stronger because of this xxx

Good luck and be sure to let us know how you get on x

 

[Tomme]

Hey geeks, Hope you can help. And apologies as its a long one.

I started working in a spa 8 months ago and on New Years Eve my employer came into the spa and informed me i was being given my notice. Needless to say it was a huge shock as i feel i have done nothing wrong and nothing seemed to be untoward. I couldn't even speak, i just walked out after nodding and got a bit hysterical (I didn't even ask why, I think i need to take a confidence course!!!). Now ive calmed down and i need some professional advice.

I have a meeting on Wednesday and i already feel as though the reasons for my dismissal are going to be unfair (I have never received a verbal or written warning regarding anything) I have had a look on the citizens advice site and generally i need to have been working for my employer for a year before i can qualify for a tribunal or even a typed document of the interview this Wednesday.

I am the worlds worst for worrying and its going to be a sleepless night tonight as i am back to work tomorrow (Even though meeting is Wednesday) Im sick of this worry and feel like the odds are stacked against me.

This could also be racially motivated (I would hate to think this but there have been several occasions where the girls that work on the brow and nail bar receive extras e.g myself and my workmate were the only 2 girls not to receive a bracelet for xmas or the girls get massively thanked for the same work i do and i get a "see ya tomorrow ash") Could be petty, but it all seems a bit unfair.

Sorry for the long thread, I'm really in need of some advice here. What am i actually entitled to geeks?

Any help would be great.

Thanks so much
Ashleigh xxx

Are you still on your probationary period? If so then they can let u go for almost anything.
My partner got dismissed because he couldn't staff a shop on his budget so asked some ppl if they would like to do extra 1 week n take it bk the next, his area manager didn't give anything then it was classed as grading the company even tho no1 losses or gained. He hadn't a leg to stand on as it was under 1 year.

If it is racially agrivatedthen u can do them over for that as its illegal no matter what ( can I ask your nationality or race please) as some may find your culture, religion or accent annoying or obtrusive to te business ad think ah well who cares, which again is wrong. If I had a salon in my area I would employ a polish stylist as the area has a lot of polish people so it would help clients with limited English. Xoxo

 

[Tomme]

Hi ya

I am afraid I cannot offer you much advise really as I am not up on employers rights etc but I do think you should take someone to this meeting with you. Even if it someone just to witness what has been said. It is your right to have someone there with you.

I don't know whether you are self employed or on the payroll but either way I feel for you! Hold your head up high and try to be as confident as possible. Get as much information as possible. Maybe jot down some questions for them before your meeting.

Whatever happens I am a strong believer in "everything happens for a reason" Make 2012 your year regardless of what happens x You can become stronger because of this xxx

Good luck and be sure to let us know how you get on x

Well said! I lost my job September and decided that's it, my kick to go into hairdressing full time like I've always wanted.

Xoxo

 

[MissJulesBeauty]

Well said! I lost my job September and decided that's it, my kick to go into hairdressing full time like I've always wanted.

Xoxo

Aww congrats Tomme! Good for you for getting back up and doing something you dreamed of! x Times like this sort the sinkers from the swimmers xxx

 

[Tomme]

Aww congrats Tomme! Good for you for getting back up and doing something you dreamed of! x Times like this sort the sinkers from the swimmers xxx

Thanks, I'd been thinking of it from the first week I started there, but I needed the good kick up the bum to make it happen.
The best move I've ever made, sure im not on as good money but I'm still starting, so I see it as "getting there".

Main thing I feel I need now is the brand. I want a deep but bright red case for my kit with a clear pouch at the front for my offers and promos to go in so ppl see them. And saving up to get an embroidered fleese for when I'm shopping etc... More advertising lol, and maybe one for my mum. I've even thought about bulk t shirt buying and giving them out free with treatments of £40 or whatever covers their cost and a profit in the summer so hopefully clients will wear them and generate more custom. Kind of along the lines of the old lambert and butler brollys xoxo

 

[Tomme]

Anyway back to Ashleigh! Use this opportunity to make urself 100x better than the salon. I know this may sound racist but I don't mean it to, sell to your race or nationality, many may feel uncomfortable in Britain as it is without having to be in such an intimate situation. Then there is language like I said before, they may have trouble translating so you will have the upper hand again.

Take this opportunity that seems negative and turn it full circle, use your experience! Take all clients I took to the salon when u started away with you, and use the salons ideas, unless they patented it then it's anyone's property and not ther intellectual property. Get some flyers and price lists and get them distributed, I'm also liking the American idea of doorknob hangers, I'm going to see if they are available in the uk seeing as most people have the PVC doors vs the old pull lock doors so they can be hung.

Also look on the advertisement page, really good ideas.

But most important, don't let this get u down! Xoxo

 

[KGsalon]

Hi there,

If your on probation then you can't really do anything.
If your not on probation then they need to give you a verbal warning, written warning then final warning.
You can't get rid of an employee without doing them warnings first less you done something sirous.

 

[Tomme]

Hi there,

If your on probation then you can't really do anything.
If your not on probation then they need to give you a verbal warning, written warning then final warning.
You can't get rid of an employee without doing them warnings first less you done something sirous.

Problem there is gross misconduct is such a grey area that it's almost impossible to define it as every business will have different ideas of it, you may think sniffing speed at work is , where as to me it's leaving a client alone while u fetch a drink as it could be a h&s issue.

I don't mean such extreme differences, but still it's hard to define.

I know this sounds bad, but for your sake I hope it's nothing. Xoxo

 

[angelina221]

If you have less than 12 months employment then you have no rights to claim for unfair dismissal unless it is for discrimination.
Has the other girl you mentioned worked for less than a year too?
Could be you didn't receive a present because you haven't been there long enough and it has nothing to do with discrimination.
If an employer wants to dismiss an employee in the first 12 months then they can, as long as there is no discrimination.

 

[xsammi82x]

Recent changes in employment law mean there is no minimum time for some unfair dismissal cases. This has happened because the are a lot of people who work seasonal where the one year rule wouldn't apply x

 

[persianista]

Recent changes in employment law mean there is no minimum time for unfair dismissal cases. This has happened because the are a lot of people who work seasonal where the one year rule wouldn't apply x

This is incorrect.

 

[Tomme]

This is incorrect.

Agreed. Had to go through this recently. Want a sneaky tip? Take some1 who's registered hearing impaired, the employer has no choice but to allow the meeting to be recorded on a dictaphone. If u r both ok hearing then it's at the employers discression xoxo

 

[laurakate]

Sorry to hear about your experience Ashleigh. It doesn't sound like your employer has handled this in the best way possible.

I always try to look for the positives in a situation like this (and believe me I'm a massive worrier so I know what it's like loosing sleep and wishing you could be more assertive etc)....I would say that the positives here are that you don't sound too happy with how things are at work anyway so if you leave, things can only improve from there. Also, you have 8 month experience under your belt and this will be really valuable to you both with regards to getting a new job and on a general basis anyway.

I guess you have two options here: you could try to argue your point in order to keep you job or you could decide that there's too much water under the bridge now anyway (for whatever reason) and move on.

Either way, best of luck to you.

 

[Ashleigh_21x]

Hey chickens,

Thanks so much for getting back to me!

Sorry i forgot to say i am white and my employer is asian.
My workmate started on the same day as me, she is moving back to Oz in Feb.

This is the kick up the behind ive needed to be honest, ive felt like being my own boss since i qualified (again never had the confidence to make the jump) and now there is a perfect reason for me to do it.

All in all it is a lesson learnt and this will be my year! I hope 2012 brings you all the joys and dreams you wish for <3

Funny how a wee bit of support makes you keep your head held high eh? Thanks once again.

Ash xxx

 

[xsammi82x]

This is incorrect.

A number of dismissals require no minimum period of employment and can also be automatically unfair, ie the tribunal will find that they are unfair even if you followed a correct dismissal procedure. See our list of automatically unfair reasons for dismissal - Opens in a new window.


Copied from the Direct Gov website

 

[xsammi82x]

Agreed. Had to go through this recently. Want a sneaky tip? Take some1 who's registered hearing impaired, the employer has no choice but to allow the meeting to be recorded on a dictaphone. If u r both ok hearing then it's at the employers discression xoxo

A number of dismissals require no minimum period of employment and can also be automatically unfair, ie the tribunal will find that they are unfair even if you followed a correct dismissal procedure. See our list of automatically unfair reasons for dismissal - Opens in a new window.


The reason I know this as I have filed for unfair dismissal with less than a years service and won

 

[BeauTea Rooms]

Not sure you have enough time before your meeting with them but try to speak to ACAS before you go in, explain the situation to them and what has happened. They will then give you sound advise on how to deal with it going forward 08457 47 47 47.
The employer should always deal with these situations professionally and keep good records even if you have been there under 12 months.

 

[angelina221]

A number of dismissals require no minimum period of employment and can also be automatically unfair, ie the tribunal will find that they are unfair even if you followed a correct dismissal procedure. See our list of automatically unfair reasons for dismissal - Opens in a new window.


Copied from the Direct Gov website

You missed the following bit out when you copied and pasted from the business link page;

'Employees can usually only claim unfair dismissal if they have worked for you for at least one year.'

This was typed right above the bit you copied!

 

[xsammi82x]

You missed the following bit out when you copied and pasted from the business link page;

'Employees can usually only claim unfair dismissal if they have worked for you for at least one year.'

This was typed right above the bit you copied!

Yes I realise that but that wasn't the point I was making. Why is everyone so argumentative??

I was trying to offer the OP some advice other than what was already stated not only from the direct gov site but from my own experience. I will resist from posting in the future as I can't be bothered with having to prove my point a number of times because people feel the need to nit pick.

Good luck with your employer and your new venture, I really hope everything works out for you sweetie.