woman speaking finger up (l) woman in kitchen caption 'pov you applied to a job as a barista but they're making you marinate and cook chicken' (c) woman speaking (r)

@hachikc/TikTok @hachikc/TikTok

‘They hired another person and they replaced me and used me for two weeks’: Barista says job lied to her about reason for letting her go

'This sort of behaviour should be illegal.'

 

Jack Alban

IRL

Posted on Aug 8, 2022

A TikToker with the username @hachikc went viral after sharing her experience working at a café for two weeks. In a video, she says that she was hired as a barista, but then was asked to perform non-barista duties, like marinating and cooking chicken.

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In a stitch to the viral clip, she says that she was not only terminated from the position but said that the reason management told her they would be letting her go was because the store was closing down for the month of August. However, she discovered that this wasn’t the case after she received a call from a customer who was asking where she was. It was then that she learned that the café wasn’t actually closing down — and that she was ultimately being replaced by someone else.

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What’s worse is that she claims the business hasn’t been returning her messages after she kept inquiring about them paying her for the two weeks that she worked.

@hachikc #stitch with @hachikc LMFAOOO turn tables turned guys hire me pay me please xxxxx #fyp ♬ original sound – hachi
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In the original viral clip, the TikToker looks into the camera while standing in front of a stove. On the stove is a pan of what appears to be splayed chicken breasts. She writes in a text overlay in the clip: “pov you applied to a job as a barista but they’re making you marinate and cook chicken.”

The video then cuts to the stitch of the new clip where she speaks into the camera.

“I got fired,” the TikToker says. “Yeah, I’m fired as of this moment. So they told me that they’re going to be closing for the rest of August and because I’m going on holiday at the end of August they just thought to terminate my contract. And I was thinking OK, whatever, cool. The story changes, a customer called me and was asking why aren’t you at the café? I was like I literally got fired cause they said they were closing. Turns out they’re not closing, they hired another person and they replaced me and used me for two weeks.”

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She then says that the story gets worse.

“Not only that but I was supposed to get paid two days ago and I haven’t even been sent a pay slip and when I sent a message to the boss they’ve been ignoring me,” she claims.

TikTokers who saw her post suggested for her to contact ACAS, Britain’s Advisory, Conciliation, and Arbitration Service. On its website, the organization says that they “work with millions of employers and employees every year to improve workplace relationships. We’re an independent public body that receives funding from the government.”

Many folks also told the creator she could have a case for wrongful termination by her employer and there are clear stipulations listed on the UK Government’s Web Page for Unfair Dismissal which states that an employer could be in hot water if it doesn’t “have a good reason for dismissing” an employee. If she has records from her employer proving that she was essentially lied to about the reason for her termination and wasn’t given proper notice, then she potentially could make a valid wrongful termination claim based on this clause alone.

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What’s more is that if the business didn’t abide by a “formal disciplinary or dismissal process” in terminating the Tiktoker and cannot prove it did, she could also have a case against the café. While the government resource indicates that this process is defined by the company itself, it might be a difficult sell in a formal investigation into the young woman’s situation that the cafe’s “dismissal process” includes lying to employees about closing up shop.

The TikToker penned in the comments section of the post: “I genuinely should I think I’m going to open a claim for unfair dismissal there was no notice, it was on the day fired.”

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“Girl I would sue if that happened that is daylight robbery right there,” another user wrote.

“Unfortunately in England and Wales they can fire you for any reason within 2 years of employment,” another advised.

“This would fall under wrongful termination and you could probably sue,” one user echoed.

“Lawyer up babes unlawful dismissal they didn’t want to pay you redundancy,” another stated.

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There have been a few U.K. cases where employees have won against former employers for instances of wrongful termination. Money Marketing reported in February of 2022 that Jill Reid, who worked for Gilmour Quinn Financial planning was able to get $23,631.95 (19,500 British Pounds Sterling) for being dismissed in bad faith on January 25, 2019.

The court ruled that Reid was victimized, bullied, and harassed by the firm’s directors. Her case had been delayed several times due to the COVID-19 pandemic, and had other charges as part of her claim, namely sex discrimination and equal pay, but removed them.

It was reported in 2016 by Redmans.co.uk that Sekander v Rocketmill LTD also saw a favorable ruling for an employee and that the business firing him for “gross misconduct,” while containing valid concerns, also didn’t justify the company’s major gripe, which was a loss of revenue, as being directly attributed to the claimant.

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The Daily Dot has reached out to the creator for further comment via TikTok comment.


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*First Published: Aug 8, 2022, 9:18 am CDT
 

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