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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61658
Experience:  Qualified Employment Solicitor
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Here is my problem: Tuesday last week 26th Nov., my manager

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Hello, here is my problem: Tuesday last week 26th Nov. , my manager told me to leave the premises after we had a dispute. I was a housekeeper (cleaning rooms all day) and my employer owed me 27 hours of unpaid work. After begging for my money for months, when my manager asked me last Tuesday to clean 2 further rooms, I refused to do these rooms stating that I could not do these rooms since he owed me money. We had a dispute and he told me to leave the premises.The next day Wednesday 27th I sent a message to the head office saying that my manager sacked me and that I will take legal advice.
Today I saw their message and they are saying that actually I haven't been sacked and to return to work. They also gave me a grievance meeting.my questions are:
1) If an employer ask you to leave the premises, is it considered like a sacking? (because I really consider myself as having been dismissed!!!!)
2) I accepted to go to the grievance meeting just to see what they've got to say about the recurrent problem of deductions from our wages (we are several to suffer about this problem in this company).... Do you think that I should go to this grievance meeting?Thank you for your helpJeanne

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 3 days ago.
Yes, thank you

Can I just check, how long have you worked for this employer?

Customer: replied 3 days ago.
I've worked for them 6 months and 2 weeks

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Whether you are asked to leave the premises will not automatically result in dismissal, as it could also be a suspension. So something clearer to indicate a dismissal is needed, like you are fired, you are sacked, don’t ever come back and so on. It really depends on the circumstances and what was actually said.

 

You have nothing to lose by going to the grievance meeting and see what it is about and what the employer has in mind. Whether you attend or not, your rights to challenge them will not be affected and you can still make a formal claim to try and recover what you are owed if needed.

 

Does this answer your query?

Customer: replied 3 days ago.
I see. I actually said to him during the dispute " you can fired me I will not do these rooms", and I told him that 2 supervisors left and it was because of is attitude. Straight after saying these sentences, he told me to take my stuff and get out!
This is why I believed I have been fired....

Also money are regularly being removed from our wages, it's a recurring problem that will not stop. That one of the 2 reasons why I don't feel like going back in there again. The company is in profit, I cannot understand what is happening....

To be honest whether you were dismissed or not does not matter so much to your legal rights as you cannot claim unfair dismissal anyway, you do not have 2 years service which you need to do so. As to the money owed you can just make a claim if you are not getting anywhere with them. Does this clarify things a bit more for you?

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Customer: replied 3 days ago.
Yes, it is important actually because, as I found out, an unlawful deduction of wages is actually considered as a "automatically unfair dismissal", even more in my situation after asking for months my money back and being sent home for asking it!!
An "Automatically unfair dismissal" do not require having 2 years service, meaning I can therefore lodge a claim... What do you think sir?

To be honest I have seen cases where this reason was not found to be an automatically unfair dismissal , but the opposite can also happen. As mentioned though, whether you were dismissed will depend on what happened and what words were used etc – you will not know for certain unless you claim to be honest

Customer: replied 3 days ago.
Sorry I received a notification by phone, but I cannot see your answer....