wrongful dismissal or unfair dismissal

[anon]

hi recently i was dimised from job as a cal agent after 9 mnths, i was pulled mid shift and dismissed. i was under the impression it was one week notice if you have worked > 1 mnth and < 2 years to illstrate the problem a bit please read - this would make a great newspper stry;

i was/am an ideal employee doing everything to the best of my ability, alwys giving 110%- hey 1nce i did 16hr shft. i was so good i was promoted and agnt of the mnth etc after 3 months in the job, more confident at the job the most superior colleages. the problem started when i wanted to help a customer who didn;t speak english all that well and had already been fobbed off - i wanted a colleage to take the call orver as he spoke the language -a supervisor said not possible as ' english speaking call centre only' which is absurd as atleast a 1/4 customers speak a foreign first language and the agents are mostly non european of nature.i was annoyed at not being able to help the customer so took my time in filling the data into the recording system, i was approached by a supervisor (a) who not very politly asked to take calls again, pressing the available button even though i wasn't ready. at first i refused but then took the call. the following week i was counselled for it - without a fair hearing of myside- not the first this had happened- after this i started to feel harassed and isolated somewhat, as i had to sit on my own no real support from anyone - as i did not have the tools to do the job which was the case for the entire 9mnths- and i was demoted, which shuldn't happen as i was counselled. 3 weeks later a and another supervisor b started making mor calls - again nt alowed- i was upset and it led to me not taking cals corectly. i was disciplined and after 2weeks of being on hold- dismissed- non of my evidnce was tkn into cnsidertion- please hlp - shud i appeal? what legal rights do i have? can i sue for harasment/ misconduct/wrongful dimisal

singing

  

unit Z9- support individuals when they are distressed

[Hgrove]

What little I remember is that you need to have been employed for a year to be able to claim unfair dismissal unless it is for racial/sexual harassment in which case you only need a very short period (weeks I think).   Wrongful dismissal is basically a breach of the contract of employment.  It applies if for ex. your contract specified a certain procedure for disciplining and dismissing you.  If they have not followed the procedure correctly you may be entitled to contractual damages i.e. just the money they would have been paying you while they were going through the correct procedures.  Not a very good deal for you in other words. I totally sympathise as I have been bullied at work too. I suggest you see a CAB or a Law Centre (ask a CAB to direct you to one) and discuss the situation in depth with them.

[Greg222]

 

The most you can claim is any monies owed such as Holidays not taken and comisions etc, also check your employment contract to see what notice is required on either side for dismisal.  Normally it's 1 month, which you should get paid for.   9 months of employment gives you hardly any rights I'm affriad to say.

[anon]

in response to the replies

thanks

even though i am on a temp contract - i was harrased into this position is nothing which gives me rights about fair treatment - nothing about misconduct

thanks again

[milly143]

without meaning to sound rude, could I just suggest moving on, forgetting about that job completely and finding something that you enjoy doing where you are respected.

[prae]

Hi.

Sorry to hear about your problem at work.

First of all if your employer has failed to give you your contractual notice (ie per your contract of empoloyment) then you are entitled to claim this from them.  Have a read at your contract and see what you are entitled to.  If the contract is silent on this matter, thats ok... you be entitled to the statutory minimum which is one week after a month and a week for every year, after 2 years service up to a maximum 12 weeks.  This notice pay, as well as your usual or average commission will normally be recoverable from your employer.  The action you would seek to raise here will be one for Wrongful Dismissal.  Your employer may claim that they had the right to dismiss you summirarily, however from your details above this does not seem to be the case. 

Furthermore your employer has an obligation to follow the statutory minimum disciplinary proceedure... details of this can be found on the website.  It sounds like you didnt get a fair hearing in relation to this.

Your demotion sounds like a breach of contract, which can be actioned through a court or employment tribunal. 

I would advise rather than harrassment you claim a breach, by your employer of mutual trust and confidence. 

You MUST appeal. failure to do so will mean that you are prevented from claiming damages,..... do this now.  Then speak to a solicitor or the employment advisor at your local citizens advice. 

Whilst i dont have time to offer a full reply.  you DO have a cause of action but must follow it NOW..... the longer you leave it you wont be able to claim.

[prae]

just noted, if ur a temp you cant go down the unfair dismissal route BUT YOU WILL STILL BE ABLE TO CLAIM YOUR NOTICE, 

[Kilala]

If you are positive that you wish to clear your name etc, talk it all through with the Citizens' Advice Bureau. They are impartial, free to use and will give you the correct advice and information.
Good luck.