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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48159
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I believe my boss is trying to fire me. He gave me some

Customer Question

Hi, I believe my boss is trying to fire me. He gave me some negative feedback in an email in an excel attachment saying performance improvement plan. I tried to address the issues but already after a month he said I had not made enough progress and a formal hearing with HR was set up. Today I had the hearing and I said that I was not told this was a formal PIP plan and there was no discussion of deliverables and deadlines. HR agreed that the process was not carried out in the proper way so now I need to organize a new pip plan with my manager. I feel like he wants to sack me anyway due to a personality clash. what can I do to address the situation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for and how long did your employer agree to put you on the PIP for before reviewing it again?

Expert:  Ben Jones replied 1 year ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but if you provide the information requested, I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 1 year ago.
I have been there 18 months. After the hearing they recommended that I arrange a new pip plan with my boss. he is currently on holiday so I would aim to do that next week.
Expert:  Ben Jones replied 1 year ago.

Many thanks. I will get back to you at the earliest opportunity.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The issue here is going to be your length of service. 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.). So regardless of whether a fair process was followed or not, they can dismiss you anyway due to you having no protection against unfair dismissal.

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.

There is nothing stopping you from pursuing this internally, such as through a grievance, but remember your rights should they proceed with a dismissal.

I will call you tomorrow to discuss further and answer any questions you may have. Thank you

Ben Jones and 3 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Hi I tried calling just now but it went straight to answerphone, please let me know when you may be available, thanks

Customer: replied 1 year ago.
I am available now
Expert:  Ben Jones replied 1 year ago.

thanks, calling