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advice needed on a job while in the TA

#1
I was working as a salesman for a local car dealership. Quite a big dealership. Iv been working there for approx 1 month now, when i went for the interviews (3 in total) they were fully aware i am a member of the TA and need an early finish every tuesday, at least 1 weekend a month off plus any time for courses / extra training. They agreed and hired me

now 2 weeks into my new job, i tell them about annual camp in september and even though it was over 6 weeks away at the time of telling them, they refused me the time off and told me to either hand my notice in or they would go down the official route.

are they allowed to do this? if not is it worth following up with legal action?

cheers
 
#2
They can't fire you for being in the TA, but they can refuse you time off for camp. Six weeks isn't all that much notice you know.
 
#3
Suggest you give camp a miss this year, and offer an apology/explanation to your unit. Then book the necessary time off VERY early for next time round. Think long and hard before before taking the legal / nuclear option with your employer. They are likely to have more resources than you (i.e. more money to spend on legal fees) and you might come off second best (and poorer). Good luck either way and stay in the TA if you can.
 
#4
im not leaving the TA, iv had to hand my notice in as the boss said if i didnt id get fired basically, thats why im contemplating legal advice as theyve forced me to quit because of the TA. In my contract it states i need to give at least 2 weeks notice for time off so 6 weeks is a quite a lot, especially as it was at the earliest opportunity for me to tell the boss with me being a relatively new starter
 
#5
kinsman said:
im not leaving the TA, iv had to hand my notice in as the boss said if i didnt id get fired basically, thats why im contemplating legal advice as theyve forced me to quit because of the TA. In my contract it states i need to give at least 2 weeks notice for time off so 6 weeks is a quite a lot, especially as it was at the earliest opportunity for me to tell the boss with me being a relatively new starter
Your legal rights are the sum total of fck all mate. You've been there a month; you're fcked legally, but well done for sticking to your guns and showing a commitment to the TA. Good on ya
 
#7
kinsman said:
surely an employer isnt allowed to fire someone on the grounds of them being a member of the TA though?
You've been there a month mate. You're on a hiding to nothing. Get in touch with Sabre for advice
 

Command_doh

LE
Book Reviewer
#8
You have no rights after such a short time in the job. If you don't believe us, go to the CAB (citizens advice bureau). Something nasty happened to me after 2 months in a job 10 odd years ago, and despite my gallant efforts, the cold hard truth is there is nothing you can do about it.
 
#9
on probation you will have very few rights of redress plus you may not be entitled to 2 weeks off as any holiday entitlement will be on a pro rata basis. You could always phone the nhs hotline and claim you have swine flu :D
 
#10
Not just probationary periods that determine this - I've had 'issues' with a member of staff before and have been advised by HR that up to a year of starting work the employee has no real protection.
 
#11
kinsman said:
im not leaving the TA, iv had to hand my notice in as the boss said if i didnt id get fired basically, thats why im contemplating legal advice as theyve forced me to quit because of the TA. In my contract it states i need to give at least 2 weeks notice for time off so 6 weeks is a quite a lot, especially as it was at the earliest opportunity for me to tell the boss with me being a relatively new starter
You have to be careful with "they forced me to quit". There are two ways you can leave a job: either you resign, or you get fired. The former happened, the latter did not. I'm no lawyer but I suspect you would have no chance if you went legal over this.

Sorry it has not worked out for you, and I admire your strength of character and genuine dedication to the TA. But time to move on and find a more TA-friendly employer.
 
#12
Less than 12 months so employment law won't help.

And it's usually better to resign than be fired, as when your next employer goes to them for a reference, what would you prefer the bored HR person to say?

Worth thinking about how you package yourself for your next interview though.
 
#13
Why take a job in the first place selling cars where the key period for the showroom is over the weekend?

If you want to be in the TA, a job in retail is always going to be a nightmare.

If you want to sell cars, being in the TA is always going to be a nightmare.
 
#14
MrTracey said:
Why take a job in the first place selling cars where the key period for the showroom is over the weekend?

If you want to be in the TA, a job in retail is always going to be a nightmare.
To be fair to the bloke, we don't know what other jobs were on offer, what his experience is, his family commitments, financial situation, etc.

Also, if you're going to start to plan your civy career around the TA, maybe you need to think about joining the regs.
 
#15
Pork_Pie said:
MrTracey said:
Why take a job in the first place selling cars where the key period for the showroom is over the weekend?

If you want to be in the TA, a job in retail is always going to be a nightmare.
To be fair to the bloke, we don't know what other jobs were on offer, what his experience is, his family commitments, financial situation, etc.

Also, if you're going to start to plan your civy career around the TA, maybe you need to think about joining the regs.
Family, work, TA

Nothing else works.
 
#16
kinsman said:
im not leaving the TA, iv had to hand my notice in as the boss said if i didnt id get fired basically, thats why im contemplating legal advice as theyve forced me to quit because of the TA. In my contract it states i need to give at least 2 weeks notice for time off so 6 weeks is a quite a lot, especially as it was at the earliest opportunity for me to tell the boss with me being a relatively new starter
As many have already pointed out, you won't stand a 'legal' chance because of the length of time you have been in their employ; however, do you know if the boss had the authority of the company to threaten you with the sack? If you haven't already walked I would contact head-office if I were you; if you have already left, you could always speak to the local rags in your area. Given the demands placed on the TA in these uncertain times, your (former) employer may not want to attract detrimental publicity.

I know jobs aren't easy to come by but you have to weigh up what's more important, service to the crown or your employment? iF you're single you might want to consider the regs. Good luck with whatever path you take. :salut:
 
#17
Hobo-Ken said:
kinsman said:
im not leaving the TA, iv had to hand my notice in as the boss said if i didnt id get fired basically, thats why im contemplating legal advice as theyve forced me to quit because of the TA. In my contract it states i need to give at least 2 weeks notice for time off so 6 weeks is a quite a lot, especially as it was at the earliest opportunity for me to tell the boss with me being a relatively new starter
You have to be careful with "they forced me to quit". There are two ways you can leave a job: either you resign, or you get fired. The former happened, the latter did not. I'm no lawyer but I suspect you would have no chance if you went legal over this.
IANAL either, but I don't think handing in one's notice automatically means you were not forced to quit.

It is, after all, the basis of a constructive dismissal.

Not that it changes things here. Original poster needs to check his contract to determine if there was a probationary period, etc., and terms of employment.

I would think membership of the TA, per se, is not grounds for dismissal but he needs to check the contract (for example it could be for the police and fire service, and private employers can set any legal terms).

FF.
 
#18
You should consider yourself lucky to get the time off you have already, many employers aren't so generous.

As for giving a minimum of 2 weeks notice for time off - you have to take into consideration holidays of other members of staff.

You have been there a just a few weeks - I don't think you'll have any luck with a legal case.
 
#19
yeah im in the process of going regs. the regiment i want to go in is full untill march so iv put my name down for herrick 12 with my TA unit and im going regs when i get back
 

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