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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48208
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was employed by my employers in February 2015 and passed

Resolved Question:

Good Morning
I was employed by my employers in February 2015 and passed my probationary period in May 2015.
On April 20th 2016 I was summoned to a meeting with my Line Manager and my Senior Manager, where concerns were raised about my performance and at the same time praised for positive skills and endorsements. I was to be put on a "Performance Improvement Plan" (PIP), reviewable after 3 months. (27th July 2016)
On Tuesday this week, (9th August 2016) a meeting was held to discuss the PIP. I was asked to resign or be dismissed from my position with no review or discussion. Naturally, I was shocked and distressed. I refused to resign as I felt I had nothing to resign for. The letter of my dismissal was already typed and handed to me and I was asked to leave the premises.
I have 2 letters to show for this. One to confirm the PIP and the other, the Notice of my Termination.
Do I have any claim for unfair dismissal?
I look forward to hearing from you
Kind regards
Patrick
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 1 year ago.
Good MorningI was employed by my employers in February 2015 and passed my probationary period in May 2015.On April 20th 2016 I was summoned to a meeting with my Line Manager and my Senior Manager, where concerns were raised about my performance and at the same time praised for positiveskills and endorsements. I was to be put on a "Performance Improvement Plan" (PIP), reviewable after 3 months. (27th July 2016)On Tuesday this week, (9th August 2016) a meeting was held to discuss the PIP. I was asked to resign or be dismissed from my position with no review or discussion. Naturally, I was shocked and distressed. I refused to resign as I felt I had nothing to resign for. The letter of my dismissal was already typed and handed to me and I was asked to leave the premises.I have 2 letters to show for this. One to confirm the PIP and the other, the Notice of my Termination.Do I have any claim for unfair dismissal?I look forward to hearing from youKind regardsPatrick
Expert:  Ben Jones replied 1 year ago.

What concerns were raised in relation to your performance exactly?

Customer: replied 1 year ago.
poor time management
failing to deliver email updates
incorrectly setting waiting staff to guest ratios
not maintaining a focus on training
overall inconsistency with standard of set up
All disputable and not discussed during 3 months of PIP
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. Unfortunately I see no evidence that there is discrimination at play here.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

This is your basic legal position. I have more detailed advice for you in terms of the options you have if you were not paid what you were due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

This potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.

Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:

{C}· If it is legally allowed (e.g. to deduct tax);

{C}· If it is to recover an earlier overpayment of wages made by the employer;

{C}· If their contract specifically allows for the deductions to be made; or

{C}· If the employee has given their explicit written agreement for the deductions to be made.

If none of the above exemptions apply, the deductions will most likely be unlawful. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.