Tim The Business Doctor

Tim The Business Doctor

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Tim The Business Doctor
Tim The Business Doctor
Tuesday Q&As

Tuesday Q&As

8.11.22

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Tim The Business Doctor
Nov 08, 2022
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Tim The Business Doctor
Tim The Business Doctor
Tuesday Q&As
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It’s been a busy week for questions, so here’s a selection from literally hundreds

  • Sacked because things aren’t working out

  • Slanderous comments by ex colleagues

  • Statutory sick pay

  • Asking to return after a resignation

  • Failure to work the notice period

  • Restriction on taking holidays

  • Failure to pay for notice

  • Forced return to the office whilst working from home

  • Dismissed because AWOL

  • Epilepsy and dismissal


The Rt Hon Sir Gavin Williamson CBE MP

“It’s very clear how you are going to treat a number of us which is very stupid and you are showing f*ck all interest in pulling things together”

Reading the recent texts from Gavin Williamson (Minister of State without Portfolio) to Wendy Morton (Chief Whip), I thought I would take a look at bullying and harassment in the workplace my newsletter later in the week.


Q&As

Sacked because things aren’t working out

Q. I have worked for a company for 4 years and yesterday my director told me that things aren’t working and he is sacking me - he asked if I wanted to hear the reasons to which I said no. There has been no major issue but long story short I started the business with him as he was my cousins fiancé. He then had an affair with our apprentice so as you can imagine I wasn’t giving 100% effort in my role after finding this out.

I personally think he wanted me gone so he can carry on happily with his new relationship and me out the way not causing bother so would use any excuse and will now play on the fact I was ‘underperforming’ to which I don’t actually believe I was. However he didn’t verbally or in writing warn me that I was going to get sacked and instead said ‘so yes take your belongings I’ll put you on garden leave so you don’t have to work your notice’.

I left and haven’t had any communication with him since leaving yesterday - I’m just wondering if you have any advice on what I am entitled to and can I push for 12 weeks garden leave?

A. As you have worked for 4 years you have full employment rights. I’m surprised you appear to have accepted your dismissal without establishing why. Is it because you were not giving 100%? Regardless, there has been no recognised process which renders the dismissal procedurally unfair, so you probably have an employment tribunal claim in that regard. When you know why you have been dismissed you will be in a position to consider whether that was a reasonable action or was again, was unfair.

Can you push for 12 weeks garden leave? That depends on what notice you are contractually entitled to, so check your contract. If you don’t have one you are entitled to the statutory minimum notice which is a week for each complete year worked.


Slanderous comments by ex-colleagues

Q. I left a job last year under a cloud. I had been offered a new job with better prospects and pay. After I left, I have found out from a few of my old regular customers that the staff at the job I left are telling people who ask that I was sacked for theft and fraud?? Are they allowed to do this? What would be the best course of action? Thanks

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