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    A friend has just been sacked today! - Advice

    I was shocked to find out that a friend of mine got the sack today for having a mobile phone in his pocket! It was a Christmas job picking and packing in a warehouse. It was only a temporary role over the Christmas period, so does this mean the company wouldn't have to supply him with either a verbal or written warning first? He only ever used it during designated break periods and was fired for it simply being in his pocket. They know this because they check pockets at the end of each shift for thieves. Even worse, my friend mentioned it seems double standards as some people have their earphones in their ears all shift and feels he was made an example of!

    Even if they can legally do this or not, I am shocked and appalled that any company can do this to someone just before Christmas, and for what I see being a completely minor, even ridiculous, reason.

    I mentioned to him to get in contact with citizens advice ASAP and see what his rights are. Does anyone have any other advice? Or anyone in a similar role thats heard of this? Or what would you do if this was you?

    44 Comments

    Banned

    Did he sign a contract?

    Original Poster

    JonnyTwoToes

    Did he sign a contract?



    Thats what I'll ask him. Also to check if this was mentioned.

    Banned

    What was the company?

    if they are temporary there will be no contracts and they can just let him go but i know alot of staff in our local supermarkets have their mobile phones and when i was nightshift in tesco we were not supposed to have them but most of us used them to listen to music and sometimes we were pulled aside for it depending on the mood of the duty manager ect...

    [snip by DBA]
    Edited by: "farhadmaster" 15th Dec 2010

    Banned

    Workers have zero rights, even permanent ones don't seem to have any early in their employment.

    Banned

    this is to stop people wasting time sending silly texts to each other , no ?

    Banned

    pinkshaz

    if they are temporary there will be no contracts and they can just let … if they are temporary there will be no contracts and they can just let him go but i know alot of staff in our local supermarkets have their mobile phones and when i was nightshift in tesco we were not supposed to have them but most of us used them to listen to music and sometimes we were pulled aside for it depending on the mood of the duty manager ect...



    To be told not to have your mobile with you during work hours, and then to be found with it, does warrant a sacking for temporary work.
    Maybe not fair, but those are the rules.

    Banned

    master_chief

    Workers have zero rights, even permanent ones don't seem to have any … Workers have zero rights, even permanent ones don't seem to have any early in their employment.



    Which is absolute rubbish of course.

    if he is temp he doesnt really have any rights,the company dont even have to have a reason for sacking him

    Banned

    im working at royal mail temporary x-mas work at the mo. they have a 2-strike policy.
    does seem harsh to be let go just for that.

    its a shame for your friend, but If he was told not to have it in his pocket and he still put it in there, its his own fault.

    A temp worker needs to not give anyone an excuse to get rid of them as there are so many people out there that will take their place.

    For all you know, this may not of been the first time it has occurred..



    Edited by: "RickT" 15th Dec 2010

    Banned

    JonnyTwoToes

    Which is absolute rubbish of course.



    Try getting an unfair dismissal case brought up if you've been at a company less than a year.

    maybe they are very annoying or smelly

    Banned

    master_chief

    Try getting an unfair dismissal case brought up if you've been at a … Try getting an unfair dismissal case brought up if you've been at a company less than a year.



    Ever employed someone?

    Banned

    JonnyTwoToes

    Ever employed someone?



    Would that affect the law if I had?

    Supermod

    JonnyTwoToes

    Ever employed someone?



    He is right.

    master-chief is spot on, in your early days of employment you can be sacked with no comeback.

    Original Poster

    DangerGod

    im working at royal mail temporary x-mas work at the mo. they have a … im working at royal mail temporary x-mas work at the mo. they have a 2-strike policy.does seem harsh to be let go just for that.



    A 2-strike policy seems more fair, especially if its a minor offence.

    RickT

    its a shame for your friend, but If he was told not to have it in his … its a shame for your friend, but If he was told not to have it in his pocket and he still put it in there, its his own fault. A temp worker needs to not give anyone an excuse to get rid of them as there are so many people out there that will take there place.



    Maybe he was aware of it before which I guess would be unfortunate. I'm presuming there is a reason for not allowing mobile phones, maybe what goldmax mentioned, although to do this to him just before Christmas........ Not nice. More the fact that others seemed to get away with it makes it sound worse.

    Banned

    master_chief

    Would that affect the law if I had?



    No, but it proves you don't understand the 'law'.

    Banned

    pinkleponkle

    master-chief is spot on, in your early days of employment you can be … master-chief is spot on, in your early days of employment you can be sacked with no comeback.



    No you can't.

    it's called a probation period.

    Banned

    pinkleponkle

    it's called a probation period.



    That's different. You said employment.
    Edited by: "JonnyTwoToes" 15th Dec 2010

    Supermod

    Unfair dismissal is a statutory right giving employees with one year’s service the right to complain to a Tribunal that they have not been treated fairly or reasonably by their employer.

    Banned

    pinkleponkle

    it's called a probation period.



    That's different.

    How is it different? when you first start a job you are on a probabtion period on all jobs. You can leave without giving notice, the employer can get rid you you in the same way.

    Supermod

    pinkleponkle

    How is it different? when you first start a job you are on a probabtion … How is it different? when you first start a job you are on a probabtion period on all jobs. You can leave without giving notice, the employer can get rid you you in the same way.



    It is not on all jobs. You need to refer to your contract of employment.

    and any way this isnt a permanent position, tempory staff can be removed at a days notice. They would have given a clear dos and donts when he started and clearly the no mobile phone was one of them.
    Edited by: "pinkleponkle" 15th Dec 2010

    Banned

    pinkleponkle

    How is it different? when you first start a job you are on a probabtion … How is it different? when you first start a job you are on a probabtion period on all jobs. You can leave without giving notice, the employer can get rid you you in the same way.



    I've just left work. I'm sorry I haven't the energy today to correct you.

    Supermod

    pinkleponkle

    and any way this isnt a permanent position, tempory staff can be removed … and any way this isnt a permanent position, tempory staff can be removed at a days notice. They would have given a clear dos and donts when he started and clearly the no mobile phone was one of them.



    You cannot keep guessing.

    But I can steer out of threads with bells inhabiting them.

    Banned

    OP is it through an agency?
    would this effect anything.. guessing not.

    Supermod

    pinkleponkle

    But I can steer out of threads with bells inhabiting them.



    Erm, what!?

    Banned

    JonnyTwoToes

    I've just left work. I'm sorry I haven't the energy today to correct you.



    I literally just choked on a Waitrose Cheese and Jalapeno Twist Crisp.

    Supermod

    guv

    I literally just choked on a Waitrose Cheese and Jalapeno Twist Crisp.



    How pretentious of you Guv!!

    Banned

    guv

    I literally just choked on a Waitrose Cheese and Jalapeno Twist Crisp.



    You know you can't afford them Guv.

    Banned

    pinkleponkle

    But I can steer out of threads with bells inhabiting them.



    Yeah sorry, WHAT?

    There is nothing they can do. They would have been briefed on the mobile phone policy at some point (yet they chose not to adhere to it), and as mj said, unless they have a years service to my knowledge nothing will stand up in terms of employment rights other than discrimination which this isn't.

    Banned

    magicjay1986

    How pretentious of you Guv!!



    That was a similar conclusion that sprung to my mind!

    JonnyTwoToes

    You know you can't afford them Guv.



    I actually have nothing to counter that. I have thrown a Waitrose Cheese and Jalapeno Twist Crisp at your post though. So I win.

    Banned

    magicjay1986

    How pretentious of you Guv!!

    JonnyTwoToes

    You know you can't afford them Guv.



    OK, maybe 'afford' was the wrong word. I meant 'appreciate'.
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