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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47397
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Yesterday I was advised that my employment was being

Resolved Question:

hi yesterday I was advised that my employment was being terminated due to poor performance , I have only been with the company 6 months and this was my end of probation meeting, last month 5th August I had a glowing appraisal , highlighting I was doing well I have a copy of this , since then I have had no 1-1s or discussions with my boss or HR suggesting I was performing below requirements . The company is offering me a loss of office compensation payment but my concern is the wording termination of employment due to performance , can I legally challenge this given they have no evidence , my appraisal quite clearly shows I was performing well thanks Karen  meant to say the are asking me to sign a no Prejudice statement

Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are they actually providing a reference mentioning the reasons for dismissal?
Customer: replied 1 year ago.

my reference will be a standard reference stating role, salary length of service , I had to negotiate this .

My concern is the letter they are sending out which will be worded termination due to performance , I have unemployment insurance which I will be unable to claim

Expert:  Ben Jones replied 1 year ago.
You may indeed try to challenge this with the employer because what they state in official documentation should reflect reality. So if they want to state that your dismissal was due to poor performance they should be prepared to be able to show that this was the case. If there is no evidence to back this up then their comments in the letter could amount to negligence because they owe you a duty of care to be correct with the information they provide about you. In the first instance you should approach the employer over this and make it clear that this can be a negligent statement by them and to change the wording. They do not have to use a different reason, they do not have to use a reason at all but as long as it is not misleading. If they refuse and go ahead with this, then the only way to challenge this would be to go to the county court and sue them for negligence and compensation for any direct losses you have incurred as a result (such as failure to get the income protection you were due to get). Obviously this should be a last resort so try to resolve it directly with the employer first. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

thank you ,

Expert:  Ben Jones replied 1 year ago.
You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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