Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
When were you dismissed?
Were you paid or given notice?
They have advised they will pay a weeks notice
Is that what your contract entitles you to?
Yes although if I left I had to give one month's notice
Is there a contractual disciplinary/performance procedure they should have followed?
ok let me get my response ready please
As you appear to be aware, 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.).
Whilst your partner’s illness will amount to a disability, you can only claim discrimination if the dismissal was because of it, for example because the employer decided to dismiss because they did not like the fact he had a disability, which may be unlikely.
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.
The only other potential claim is for the failure to follow the specific dismissal procedure, which can amount to wrongful dismissal. However, in that instance all you can claim for is the extra time you would have been at work had they followed the procedure, which is unlikely to be that long.
Surely if my capability is in question they would have to give a reasonable time to improve my performance?
they do not actually because of the lack of protection against unfair dismissal - failure to give you time to improve would potentially make a dismissal unfair, but only if you had protection against it, which unfortunately you do not
Hence why they never keep employees longer than 2 years!!!
that may indeed be the case, it unfortunately not unlawful though
What about stress I was always informed that this is a grey area & they have to be very careful as there actions can enhance the stress
well with stress it is a health and safety issue but apart from constructive dismissal (which you cannot make either) it is a personal injury claim you can make, assuming you can show you had suffered a serious psychiatric illness as a result
So basically contracts aren't worth the paper they are printed on unless you have been there 2 years!!!
No, you will have contractual rights that do not depend on service, such as pay, holidays, notice, other benefits, also you get statutory benefits like sick pay, and you have the protection against discrimination, it is just that the protection against unfair dismissal does not kick in yet
So if I do not receive the correct pay what would I do then?
that is a potential unlawful deduction of wages or breach of contract claim, it can be made either in the employment tribunal or county court respectively
Ok so I will have to wait to find out my final pay......what about if a new employer requires a reference would they be able to say I had been dismissed for incapability if this ha not been proved?
they can potentially say that but that is when it becomes more difficult because if challenged they will need to justify it as they are required to provide an accurate reference
So if they do that & that costs me a new job how would I stand? Sorry for the extra questions but this company is renowned for giving bad references
no problem. In that case it is a potential negligence claim against them, this is undertaken in the county court and you can seek damages for any losses incurred as a result
Ok thanks for that. Thank you for your help just wish I had started 4 weeks earlier then I would have had grounds
I know, sometimes it is a matter of just a few days...hopefully you will have no further issues with them after ou leave