work related help please(solicitor advice needed)
 

hi

bit of a story

ok so last december i got made redundant from my work(chef)all ok because i managed to find a job,had interview all went well got offered the job straight away,went away thought about it,next day phoned back said i would accept job offer,great they said we will send out a letter of job confirmation and offer setting out start date,days working,days off,hours,salary,waited 2 weeks for it to arrive!!anyway started work on 1st jan(thurs)all great next day all good and sat all good then went on my days off sun,mon,monday morning got a phone call from boss lady saying we dont want you back!!:wonder: its not working out!!:wonder: :confused: gave some stupid arse reasons why which are just so lame its not worth going into,come and collect your knives etc,which i did,they said they would post out cheque for 3 days work to me(got phone call today from them saying to collect cheque tomorrow!!)ok so i will,but in the meantime i contacted a chef agency not too far from me to try and get some work,the guy asked what happened,THIS IS WHERE THE PLOT THICKENS,he said he placed a guy there sometime ago and the same happened to him:nono: oh dear says me,now he says to contact citizens advice to see where i stand legally.

so my question to you guys is what do you think??
do i have a compo claim??


sorry its a long read and thanks for anyone in the know legally as to where i stand.

nick:thumb:

If the letter doesn't state a trial period then you should be paid your stated notice period (I think?).

Compensation for what?

no trial period was discussed or stated in the letter,but the will pay me for 3 days that i did work

that what i was asking really do i have anything to claim:wonder: ,because it has left me completely in the s**t with no job

nick

With such a short period of time (3 days) I don't think you have a leg to stand on. They could just say you weren't upto there standards.

I'm not sure there will be anything to claim for. I presume you didn't have any terms and conditions of employment set out to you? Do you have anything that says "You are a chef, and we will pay you X amount every week/month"?

the letter says"within 2 months of commencement date a statement of the main terms applicable to this post will be supplied to you"
but does say" i am pleased to offer you position of head chef"and then states salary per annum

nick

thanks mate i guessed that would probably be the case,oh well.

nick

I dont think you have a claim, sorry to say. Its little stated that a disproportionate amount of unfair dismissal claims come from the catering industry. But with 3 days I think you have to put it down to experience and tell your chef friends about how they treated you.

Unless they've got rid of you for one of the "automatically unfair" reasons (gender, sexuality, race, etc), you are unlikely to have any grounds for a claim for unfair dismissal within the first 12 months of employment.

I have seen this in hotels and restaurants loads. I can almost guarentee that they had someone off for those days and they could not cover it so got someone in on a trial basis. (you dont have a leg to stand on though)

try Welcome to Rosette Recruitment ask to speak to alan elliot hes a mate of mine and only deal with top hotels and restaurants, you can say that james sent you if you like, I used to be cdp at le manoir.

atb james

I think that might be your only way back in. If they haven't given you the T&C's i'm sure you can get cash for that. As you thought, speak to citizens advice.

5t.

thanks for all your replys guys much appreciated.

GC8 cheers for the link:thumb:

will keep you informed of any progress

nick

im not gc8 ;)

Yes, whats all that about? Im taller and a damned sight better looking.

Chef de Ping? ;)

Cleaner de pots.....

oops!! sorry buddy

nick

James: youre my j4ckos mate....

:)

They can employ you for 3 months without a contract then kick you to the kurb and there's sod all you can do let alone 3 days work!

Sorry buddy I hope you find work soon.

pretty much what i was thinking,thanks for the info:thumb:
thanks mate appreciate that:thumb:

Would you consider a position in my kitchen? The wife hasn't been near the cooker for ages! :D