let go unjustly?

S

sacked

Guest
Mate of mine just got the sack from his kitchen fitters job. He was told at the start of the year that he could only take his holidays during the builders holidays (think it was the last 2 weeks in july this year) . His wife was told she could only take holidays the second 2 weeks in august. He asked his boss in feb could he take the second 2 weeks (even tho he wouldnt be paid for them) and the boss said hed get back to him so he booked the hols. 2 months before the holiday he asked again and the boss said leave it with him and hed get back to him. The boss never got back to him so he goes to another boss who says the same thing, ie " to leave it with him". Neither boss gets back to him so my mate goes on holidays on the 5th aug. He gets a phone call when hes in the airport saying why is he not in work, he tells the boss hes going on hoidays so the boss sacks him over the phone. He got back last thurs and went to work on the friday and was told there was no job for him and the other bosses are denying that he ever asked them could he go. Hes been there full time for a year. What can he do?
 
Sounds like he took a big risk by going on holidays without explicit approval. Saying that it was the managers' responsibility to get back to him wouldn't hold much water - he really should have chased it up with the manager(s).

Having said that, legally I really have no idea where he stands.
 
He should tell them to go f*** themselves and get another job - there has to be plenty work out there for someone of his qualifications.

He should also chat citizens information as they will sort him out regarding his rights in this situation.
 
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The manger should have got back to him if he said he would, but on the other hand he went on holidays in the knowledge that his hols hadn't been approved.

Whether that constitutes a sacking offence is perhaps more debatable. For a summary dismissal without any recourse to a grievance/disicplinary procedure, companies must show there was a serious act of gross misconduct. If the company regards failure to show for work as such an act, it is reasonable that workers should have been made aware of this in advance. In other words, your friend may have known he'd get into trouble for absenting himself without permission, but not to the extent of losing his job.

If this case was to be brought before the Employment Appeals Tribunal, it may take a similar view (i.e. that the punishment was excessive relative to the crime) and find against the company.
 
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Personally I think hes only got himself to blame by not making sure that he did have permission to go on holidays, but do think it was a bit harsh him getting the sack. Basically Im trying to find out what recourse does he have if any, should he go to a solicitor who deals with unfair dismissals or the emp. appeals tribunal?
Does anyone have contact details for either?

thanks.
btw, yes there is a demand for his services but he liked where he was working and he thinks theyre taking it a bit personal with the sacking (based on their attitude to him when he went in on the friday).
 
Re: ..

He might like the place he works, but if he takes an action to get his job back could he continue to work there? How would the bosses react to him? What type of work would he be offered? Once the company has gone this route his best hope is to try get some cash from them and start afresh.
 
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> He was told at the start of the year that he could only take his holidays during the builders holidays (think it was the last 2 weeks in july this year)

Apart from the main issue are you saying that he was only being given two weeks holidays for a full year's work? If so this in itself is a breach of his statutory leave entitlements. As mentioned above contact the DETE employment rights section for information on statutory rights in situations such as this. Obviously if he was in a union then he should also contact them for advice.
 
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