Unfair dismissal

dismissd · 30-03-2005 9:10pm #1

Ok I'm not sure if this is the right forum for this but here it goes.
I'm a student working part time in a pub in Waterford. The place isn't doing very well and a new manager took over about a month ago to try make things better. Up to two weeks ago I was getting at least one night a week(ie. Saturday), but mostly Fri and Sat. However, I checked the rota last monday to see if I was working for the easter weekend and I had no hours. This was fine, since the place would be closed early on thurs and not open fri etc. So I went in on (last) Monday to check my hours to see if I would be working next weekend, and my name wasn't even on the rota anymore!
The manager wasn't there so I am going to call back to him this week.
I have only been working there since approx mid December. I have done nothing wrong, can he just fire me? Without any warning? Without even having the courtesy to ring me/tell me?

Also if it is the case that I am being let go, I'm pretty sure I'm entitled Holiday Pay. I have worked around 280 hours there since I started so how do I work out how much I'm owed?

If he had to tell me two weeks ago that there was no work for me that would be fine, but to not even tell me is just pure ignorant.

Any thoughts/opinions?

Boggles · 30-03-2005 9:12pm

Are you sure he hasn't just forgot about you?

Repli · 30-03-2005 9:17pm

You will get 8% of your hours worked, 280 / 100 * 8 = 22.4 hours for holiday pay

dismissd · 30-03-2005 9:21pm

Well not 100% sure, it is possible, but he is also bringing in new staff from places he used to manage and generally giving them more hours than the original staff.
He hasn't forgot about anyone before, and neither have the previous managers(who are still there btw).

Boggles · 30-03-2005 9:23pm

Did you say anything to the other managers in there?

Sleepy · 30-03-2005 9:26pm

He has to let you know if he's letting you go.

You're entitled to at least a minimum percentage of hours worked (think it's about 6%) as holiday pay.

Check out the work forum, it's been brought up there a few times.

RuggieBear · 30-03-2005 9:27pm

silly question, but are you defo "on the books"?

Quite a common thing for existing staff to be frozen out. happened in the hotel i worked in as the existing staff were more or less pushed out as the new boss just changed how cozy they had had it....

Betty Boop · 30-03-2005 9:27pm

have u signed any thing tat says u are certain to get this amount of hrs a week? And no he cant let u go with out giving u notice and if you worked i a week in hand i think u are owed that also

dub45 · 30-03-2005 9:27pm

dismissd wrote:

Ok I'm not sure if this is the right forum for this but here it goes.
............

Any thoughts/opinions?

Rather than thinking legal straight away would it not be much better to approach him (not in an aggresive manner) and ask him what's going on?

No point in burning bridges without it being necessary.

dismissd · 30-03-2005 9:27pm

Yeah, I asked one and he said it's nothing to do with me, go talk to the other [new] manager.

dismissd · 30-03-2005 9:29pm

dub45 wrote:

Rather than thinking legal straight away would it not be much better to approach him (not in an aggresive manner) and ask him what's going on?

No point in burning bridges without it being necessary.

Yeah thats why I came on here to get opinions on what to do..etc.

Boggles · 30-03-2005 9:30pm

dismissd wrote:

Yeah, I asked one and he said it's nothing to do with me, go talk to the other [new] manager.

Just ring him up and ask him. If he has just made a mistake he'll make it up to you - if he's any sort of decent skin.

dub45 · 30-03-2005 9:31pm

dismissd wrote:

Yeah, I asked one and he said it's nothing to do with me, go talk to the other [new] manager.

Full legal detials are here.

Lump · 30-03-2005 9:33pm

Do you have a contract. Did you have a pay cheque, or was it cash in hand. If you didn't have a contract pretty much unlucky... and if it was cash in hand, double unlucky. You were probably surplus to requirement under new managment. Maybe he's doing more hours then the previous manager. Or he's realised the pub isn't as busy.

John

dismissd · 30-03-2005 9:35pm

Yeah I had a look there but I don't think its classified as unfair dismissal since I'm only there ~4 months.

Boggles · 30-03-2005 9:38pm

dismissd wrote:

Yeah I had a look there but I don't think its classified as unfair dismissal since I'm only there ~4 months.

If he has no work for you, politely ask him does he know of any other bars that might take you on, you never know he might get you somewhere else.

dismissd · 30-03-2005 9:38pm

Lump wrote:

Do you have a contract. Did you have a pay cheque, or was it cash in hand. If you didn't have a contract pretty much unlucky... and if it was cash in hand, double unlucky. You were probably surplus to requirement under new managment. Maybe he's doing more hours then the previous manager. Or he's realised the pub isn't as busy.

John

Got paid through the bank-taxed and all.
I don't remember signing a contract anyway so I'm pretty sure there was no contract.
RE: I am surplus to employment:
How is my letting go justified since he is bringing in people from other places..?

dub45 · 30-03-2005 10:09pm

Legal stuff re notice is covered here..

Unfortunately he doesn't really have to justify it to you. A lot of people who manage like to surround themselves with people they have worked with before and feel they can trust. This happens at all levels. Thats not to say its right or anything just that it happens!.

joe. · 30-03-2005 10:13pm

these guys get paid to answer all your questions.

http://www.comhairle.ie/citizens/

LoCall number: 1890 777 121

dismissd · 30-03-2005 10:15pm

Well I suppose I'll just wait and see...Will probably go talk to him tomorrow and if I am getting let go, see how much holiday pay etc. I can squeeze out of him.
Thanks.

Unfair dismissal

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