Fired on the spot!
Discussion
Hi folks,
I was a car salesman and had been for around 9 months, of which I was doing ok. However there was one incident the other week, where on a COF (customer order form) I had accidently written down a code for a non recaro seating option. This wasn't picked up by me, or the admin lady which was there to check the form one more time before ordering the car. Well long story short, the car (Megane RS250) turned up the other day of which the mistake was noticed. This was the first mistake I had made, and I knew from when I noticed that it would be a serious one. But I wasn't expecting this.
Forward on a couple of weeks till today, when I was called into my managers office where I was told they were letting me go. I have had no warning what so ever, and my question is; can they do this? I know I am within my first year, but I had passed my probation period. Surely this counts for something? Also being a car salesman I was given a company car, so I am now without any form of transport (I live in the middle of no where, so no public transport either).
This isn't a "woe is me, I have lost my job" thread. I am just very confused and upset it has come too this, as there aren't many people who can say they love their job.
Thanks for any input,
Vince
I was a car salesman and had been for around 9 months, of which I was doing ok. However there was one incident the other week, where on a COF (customer order form) I had accidently written down a code for a non recaro seating option. This wasn't picked up by me, or the admin lady which was there to check the form one more time before ordering the car. Well long story short, the car (Megane RS250) turned up the other day of which the mistake was noticed. This was the first mistake I had made, and I knew from when I noticed that it would be a serious one. But I wasn't expecting this.
Forward on a couple of weeks till today, when I was called into my managers office where I was told they were letting me go. I have had no warning what so ever, and my question is; can they do this? I know I am within my first year, but I had passed my probation period. Surely this counts for something? Also being a car salesman I was given a company car, so I am now without any form of transport (I live in the middle of no where, so no public transport either).
This isn't a "woe is me, I have lost my job" thread. I am just very confused and upset it has come too this, as there aren't many people who can say they love their job.
Thanks for any input,
Vince
You've got no hope of being reinstated, not least because of your lack of service. The error is a biggy and could end up costing your former employer a lot.
Hwoever, you're in car sales. My (indirect) experience of this is that lasting 9 months is an achievement in itself. Just move on to the next company like 99% of car salesman seem to.
Hwoever, you're in car sales. My (indirect) experience of this is that lasting 9 months is an achievement in itself. Just move on to the next company like 99% of car salesman seem to.
Munter said:
I don't think they can fire you on the spot for that. Not without warnings etc. However they could call you in and make you redundant on the spot, if they had assessed you to be the worst of the bunch.
You'll be needing to get familiar with your contract I'd think.
They can if only due to the lack of service, full employment rights only kick in after 12 months.You'll be needing to get familiar with your contract I'd think.
R1 Loon said:
Munter said:
I don't think they can fire you on the spot for that. Not without warnings etc. However they could call you in and make you redundant on the spot, if they had assessed you to be the worst of the bunch.
You'll be needing to get familiar with your contract I'd think.
They can if only due to the lack of service, full employment rights only kick in after 12 months.You'll be needing to get familiar with your contract I'd think.
Sorry OP sounds like you're out.
R1 Loon said:
No. I mean that you were only in the job (and I presume with the employer) for 9 months.
Oh right, I am with you now. Thing is I have no clue where to go now, in terms of employment. I only graduated last summer and was over the moon at having a job. This is a learning curve though, and I won't be making a mistake like this again. Very slightly off topic, but what is estate agency like? It is a role which has always interested me, but I know nothing about it
fergywales said:
OP, if you can answer yes to the following, then you have recourse
1) Is this the first genuine mistake that you have made?
2) When you say 'passed a probationary period' was this a formal process?
3) Was there an investigation of any kind into the incident?
He'll no doubt have to fund the ins & outs himslef without a guarantee of winning and struggle to gain employment whilst this is ongoing.1) Is this the first genuine mistake that you have made?
2) When you say 'passed a probationary period' was this a formal process?
3) Was there an investigation of any kind into the incident?
iOversteer said:
Oh right, I am with you now. Thing is I have no clue where to go now, in terms of employment. I only graduated last summer and was over the moon at having a job. This is a learning curve though, and I won't be making a mistake like this again.
Very slightly off topic, but what is estate agency like? It is a role which has always interested me, but I know nothing about it
This has got to be a wind up. You've picked two of the most cut throat industries both of which are on their knees in the current economic climate.Very slightly off topic, but what is estate agency like? It is a role which has always interested me, but I know nothing about it
Edited by R1 Loon on Monday 4th April 21:05
fergywales said:
OP, if you can answer yes to the following, then you have recourse
1) Is this the first genuine mistake that you have made?
2) When you say 'passed a probationary period' was this a formal process?
3) Was there an investigation of any kind into the incident?
No you don't. In the first 12 months you are an 'unprotected' employee, OK there are still some rules - dismissing you for being pregnant wouldn't be legal, for example - but if you made a mistake and they want you to go you have no real comeback.1) Is this the first genuine mistake that you have made?
2) When you say 'passed a probationary period' was this a formal process?
3) Was there an investigation of any kind into the incident?
Munter said:
R1 Loon said:
Munter said:
I don't think they can fire you on the spot for that. Not without warnings etc. However they could call you in and make you redundant on the spot, if they had assessed you to be the worst of the bunch.
You'll be needing to get familiar with your contract I'd think.
They can if only due to the lack of service, full employment rights only kick in after 12 months.You'll be needing to get familiar with your contract I'd think.
Sorry OP sounds like you're out.
You don't get the right to take a claim for unfair dismissal to a tribunal until you have 12 months service.
But you could bring a claim for Breach of Contract at the IT. You should have been issued with a Statement of Particulars which forms part of your C of E.
This should have details of the Company's disciplinary procedure and they are bound to honour that. If it doesn't contain those details, or you were never issued with an SOP, the tribunal will substitute their own understanding of the DP, which will basically be the 3 step process advised by ACAS.
If they didn't adhere to that, then they breached your C of E.
Probably won't get you your job back but you might get another months pay.
R1 Loon said:
This has got to be a wind up. You've picked two of the most cut throat industries both of which are on their knees in the current economic climate.
Absolutely not. I have no idea what I am going to do, there aren't any jobs that really interest me. Not for one moment could I work in a shop, or any 9-5 dull job. I like being in an environment where there is pressure to succeed, and my success means getting paid commissionEdited by R1 Loon on Monday 4th April 21:05
GeraldSmith said:
fergywales said:
OP, if you can answer yes to the following, then you have recourse
1) Is this the first genuine mistake that you have made?
2) When you say 'passed a probationary period' was this a formal process?
3) Was there an investigation of any kind into the incident?
No you don't. In the first 12 months you are an 'unprotected' employee, OK there are still some rules - dismissing you for being pregnant wouldn't be legal, for example - but if you made a mistake and they want you to go you have no real comeback.1) Is this the first genuine mistake that you have made?
2) When you say 'passed a probationary period' was this a formal process?
3) Was there an investigation of any kind into the incident?
Wrongful dismissal can be brought at any time following a probationary period. With no investigation and no other grounds, it is open and shut here if the above have the corresponding answers I assumed they have from the OPs posts. OP, do you know if you were making enough money to cover your wages? A lot of jobs need a good few months to settle in before the employer can asses your performance. As you get close to 12 months service employers may pay particular attention to whether you make them money. I know nothing of car sales but if I employed a sales guy who paid his own wages, got on with clients and colleagues and made me a profit then there would have to be a serious problem for me to get rid.
http://www.acas.org.uk/index.aspx?articleid=2174
Too many employers seem to think they are Alan "You're fired!" Sugar so might be worthwhile reading the ACAS website carefully. Could be worth a bonus payment.
Too many employers seem to think they are Alan "You're fired!" Sugar so might be worthwhile reading the ACAS website carefully. Could be worth a bonus payment.
I doubt that it had anything to do with the cost.
Anyone that buys a new car these days gets money off or things thrown in. A car that doesnt have recaro's that should would put on the forecourt and sold as is, or returned to have them fitted.
It was probably a cost cutting exercise, particularly if they didn't act straight away.
If you were selling 10 cars a week it wouldn't have been an issue.
Best of luck finding a new job thoug. It's the first year we all need to get through, but even then they can (I think) lay you off and replace you in 6 months.
Anyone that buys a new car these days gets money off or things thrown in. A car that doesnt have recaro's that should would put on the forecourt and sold as is, or returned to have them fitted.
It was probably a cost cutting exercise, particularly if they didn't act straight away.
If you were selling 10 cars a week it wouldn't have been an issue.
Best of luck finding a new job thoug. It's the first year we all need to get through, but even then they can (I think) lay you off and replace you in 6 months.
fergywales said:
Wrongful dismissal can be brought at any time following a probationary period. With no investigation and no other grounds, it is open and shut here if the above have the corresponding answers I assumed they have from the OPs posts. Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff