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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you please tell me if you have received regular performance updates and were you advised that you were not meting these targets please
Hi, my name is ***** ***** the answer is no.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Another interesting moment is that today they have employed another person for my region, just in a lower position. Surely that is cost saving for the company. It was known to us few months ago, that company finds me (and my team mates) too expensive and the idea was to replace with junior people. It may be a coinsidence or not. Thx.
OK, thanks for your time.
Thanks for your patience. The starting point is that 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.).
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.
So regardless of whether this is a performance issue or not, or if you were given performance levels, expectations, etc the employer can terminate your employment within the first 2 years for any of these reasons and unfortunately you cannot challenge the dismissal itself, even if you believe not enough information about the targets, performance and so on were given to you.
To obtain information about your final pay, etc you need to contact the employer directly – you can write to them if necessary or just go in to speak to them in person. In terms of the share options that would be something which is dealt with under your contract or any other separate share options agreement. If you do noit have either of these then you will again have to contact the employer about this and ask them to provide details of your entitlements.
Hope this clarifies your position? If you could please let me know that would be great, thank you
thanks. how do I rate you? tried to press happy face below, however, it says ' your expert has not finished answering'.
Sorry small technical issue sometimes, you can try again now but if it does not work we can process it manually later, thanks