possible unfair dismissal.

Ray Mond

Hi im currently working my1 months notice as ive got a new job. I was sick from work and texted the manager rather than calling as i could not get through to her phone. Company polucy is you have to ring.
Arrived back to work today and have been told that the owners of the company are deciding what to do and could sack me.
I know ive only a couple weeks left till i start my new job but dont wanna have sacked on my cv.
Is it legal for them to sack me without going through usual procedure. Im working in the company 3 years and im permanent. I also think they may try sack me without pay.
Any advice?
Would i have a case?
Thanks

Cymini Sectores

Ray Mond wrote: »

Hi im currently working my1 months notice as ive got a new job. I was sick from work and texted the manager rather than calling as i could not get through to her phone. Company polucy is you have to ring.
Arrived back to work today and have been told that the owners of the company are deciding what to do and could sack me.
I know ive only a couple weeks left till i start my new job but dont wanna have sacked on my cv.
Is it legal for them to sack me without going through usual procedure. Im working in the company 3 years and im permanent. I also think they may try sack me without pay.
Any advice?
Would i have a case?
Thanks

Having worked for 3 years, the normal procedure would be to give you a notice of 2 weeks. It would be illegal to give you a shorter notice.
Have you got a doctor's sick note? This would help your case.
You are entitled to be paid for any work done including but not limited to holiday and public holiday pay. Failure to do this is a breach of your employee rights.

Ray Mond

Cymini Sectores wrote: »

Having worked for 3 years, the normal procedure would be to give you a notice of 2 weeks. It would be illegal to give you a shorter notice.
Have you got a doctor's sick note? This would help your case.
You are entitled to be paid for any work done including but not limited to holiday and public holiday pay. Failure to do this is a breach of your employee rights.

No as company policy requires a sick note for 5days+.
Also they are saying that while i work my months notice i dont incurr holidays? Is that true?

Thanks for replying

Cymini Sectores

Ray Mond wrote: »

No as company policy requires a sick note for 5days+.
Also they are saying that while i work my months notice i dont incurr holidays? Is that true?

Thanks for replying

See if this helps http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/losing_your_job/losing_job_entitlements.html

No Pants

Ray Mond wrote: »

Also they are saying that while i work my months notice i dont incurr holidays? Is that true?

That's untrue. You accrue holidays based on every day worked (overtime excluded) at whatever rate is normal for your role. Generally it's 1.66 holiday days per month, but can vary. I'm assuming at this point in the year that your owed holidays rather than owe them.

mrs vimes

No Pants wrote: »

That's untrue. You accrue holidays based on every day worked (overtime excluded) at whatever rate is normal for your role. Generally it's 1.66 holiday days per month, but can vary. I'm assuming at this point in the year that your owed holidays rather than owe them.

You do accrue holidays for overtime also although since the max statutory holiday entitlement is 20 days it will generally only be relevant to a part-time worker or a person who changes job during a year.

You may calculate holidays earned as 8% of hours worked if it is more beneficial.

Found all this out a few years ago when I changed job in the middle of the new employer's leave year and spent a lunchtime researching Working Time Act

No Pants

mrs vimes wrote: »

You do accrue holidays for overtime also although since the max statutory holiday entitlement is 20 days it will generally only be relevant to a part-time worker or a person who changes job during a year.

I stand corrected. In my defence, I've never seen it happen.

Pat Mustard

Ray Mond wrote: »

Any advice?

Have you let your employer know that you plan to leave?

I would find it difficult to understand why an employer would choose to fire an employee who is willing to leave voluntarily.