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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47881
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just been called to a meeting with my line manager.

Resolved Question:

I have just been called to a meeting with my line manager. On arriving at the meeting room met by the HR manager and my manager. I have been with the company 1 year in the role of Account Manager
Basically told that I was being sacked. Reasons given were two fold.
1.I was taken on as they were expecting to win a lot of business with my 1 account. This has not happened because they were as my manager agreed uncompetitive. They have therefore decided to change their strategy and restructure the sales team where my manager will now take over this account.
2. I was also told that they were not happy with my performance and cited a couple of minor issues that felt more like grasping at straws. Although the company gave 6 months probation period in my contract, my first review did not happen until the 11 month of employment. In this appraisal only one main issue was raised in that I had not built enough relationships with the engineers in this company, I pointed out that this had been a challenge as most of my first year had been filled with putting together the quotations for the millions of business they were hoping to win and my manager agreed with that. As per the companies Employment Handbook they have not followed the capability procedures neither informally or in writing.
The offer was either sack you today and you can't go to Tribunal as within 2 years employment or you can resign and we will pay you an additional 2 months salary.
So questions:
1. Is this a good offer?
2. Would a tribunal be a waste of time considering 1 year service and salary of £55k to claim for Breach of Contract as they have not followed their Capability Procedures?
3. Is this really a redundancy and so I can ask them to treat it as such and get the payment tax free?
4.Should I get a solicitor?
Submitted: 1 year ago.
Category: 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.

Expert:  Ben Jones replied 1 year ago.

Before I look into this further, please can you tell me what the ideal outcome would be for you given the circumstances?

Customer: replied 1 year ago.
As much money as possible
Expert:  Ben Jones replied 1 year ago.

Thank you. Your rights are rather limited I’m afraid. As you appear to be aware with less than 2 years’ service you are not protected against unfair dismissal so you cannot claim unfair dismissal and the employer is not required to show there was a fair reason for dismissal or to follow a fair procedure.

So to answer your questions:

1. It is a good offer in a sense that if you reject it and go to tribunal you are likely to get nothing and anything more than what you are due under contract will be considered a ‘good’ offer in these circumstances

2. Most likely yes, it will be a waste of time. First of all you have to see if the handbook was contractually binding – i.e. did the contract specifically state that it was part of it? If it did not then this procedure would not be contractually bonding and the employer would not be expected to follow it. Secondly, even if it was contractual in nature, you can only claim for the losses incurred from their failure to follow it – they could have still dismissed you but it may have taken that little bit longer to do it, so at best you can expect a little bit of salary to cover the period during which they would have followed it. You are already being offered salary on top of your contractual entitlement so that is likely to cover this anyway.

3. It does not matter if it is a redundancy or not – you only get a tax-free redundancy payment if you have 2 years service and these payments are not a redundancy payment so cannot be tax free.

4. No need to be honest – you will not get more by having one because you simply cannot ask for it so getting a solicitor will just mean you spend more money unnecessarily.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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.

Customer: replied 1 year ago.
Thanks for your advise. I think we have to end it there as I seem to have no further options. Thanks very much.
Regards,
Norman
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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