Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have you been told you are facing redundancy?
hi ben how are you no they have not told me that
but i can see where this is heading
i just want to know my rights because my present role was fofce on me through a number of redundancy they make two electrical engineer redundant and keep me at the time
Did you agree to the changes 2 years ago?
they just told me my job was safe and i was given the role
no agreement was given
Have you been given the opportunity to take the course again, or receive additional training before you do so?
yes i sit the test twice but fail
but as i told you i am not electrical i have the 16 edition
and understand the wiring requirement
Did they offer you additional training?
why i came to you i need to know my rights
if i should stay and wait are seek other employment
because i have my bills to think about
so tell me what should i do now
ok let me get my response ready please
should i wait or will you send it to my email
it will be on here shortly, you can just come back to the screen any time
First of all there is the issue with the change of your role 2 years ago, however if you did not formally challenge it at the time and started working on the new terms and have done so for 2 years, then it is likely you have simply accepted it and it is now your contracted position. Therefore, the employer could judge you based on this role, rather than the one you were originally employed to do.
When it comes to a potential dismissal, an employee's poor performance is a potentiality fair reason for dismissal under the Employment Rights Act 1996, as it would amount to lack of capability. This should be assessed by reference to an employee's "skill, aptitude, health or any other physical or mental quality" and must relate to the work that they were employed to do.
In order for a dismissal for poor performance to be fair, an employee must be warned that they need to improve, be given reasonable targets for improvement within a realistic timescale and be offered appropriate training and/or support during the monitoring period.
Generally, the reasonableness of such dismissals would be measured against the following criteria:
The above are just examples and what a tribunal would generally look for when deciding the reasonableness of a dismissal. If there is a genuine belief or evidence that the employer has acted in a rather heavy-handed manner and not satisfied at least some of the above requirements, the dismissal could be challenged.
The first step is to appeal directly to the employer within the allocated time for an internal appeal. After that the only viable option is to consider a claim for unfair dismissal in an employment tribunal, subject to having at least 2 years' continuous service. There is a strict time limit of 3 months from the date of dismissal to issue such a claim.
So you do have protection against just being dismissed and there are certain steps the employer must follow in order to show that a dismissal was fair and to be safe from any potential claim from you.
thanks Ben because there is more lots more
there are other employee there working withbthe same 16 edition
who i mechanical like myself
thanks for you service
You are most welcome. The same principles would apply to them too
Do let me know if you need me to clarify anything further for you?
if they are going to dismiss me should they pay me off
for my six years service
and how many weeks out of each years should i be paid
That depends on the reasons for dismissing you – if you are dismissed on grounds of capability, then all you will get is your contractual notice period and any outstanding holidays. If you are being made redundant, then you would also get at least the statutory redundancy payment (you can calculate that here: https://www.gov.uk/calculate-your-redundancy-pay)
ok Ben thanks alot bye
you are most welcome, all the best