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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4455
Experience:  Owner at James Bruce Solicitors
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It relates to a query for unfair dismissal and my personal

Customer Question

it relates to a query for unfair dismissal and my personal drive access being restricted within a few hours of verbaly being dismissed
JA: Where are you? It matters because laws vary by location.
Customer: Uj Uk
JA: What steps have you taken so far?
Customer: It happened today
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I've not comiuted any offence or acted badly In anyway
Submitted: 10 days ago.
Category: Law
Expert:  james bruce replied 10 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.
How may I assist

Customer: replied 10 days ago.
I was put on a success plan and subsequent pip since Feb 2021. Today I was let go from my place of work for not hitting my performance target. I believe I have been treated unfairly. Also, when they dismissed me via teams this morning (10am) hey said they would revoke my access and not allow me to work the day or say bye to colleagues. Around midday my access was switched off but I hadn't had the time to remove my personal files from my drive. I asked that they let me have access but the employer said its no longer possible. At 1:30 I recieved official letter by email terminating my employment. I still had not logged out of my personal Gmail etc. They would not allow me to attend the office whrre the IT manager could have watched over me while I took my personal files. I dont have another job and hadn't done anything that would be conilsidered that's not in the interest of the company.I will raise an appeal to the PIP as I feel I have been bullied pressured out of the business. But first I would like access to my personal data. Which is at the laptop at my house but they've remotely locked.They said they would send a courier to collect it but I to want to witness them take my data but they are saying they would send it separately., especially because the way ice been treated.
Expert:  james bruce replied 10 days ago.

How long have you been employed by the employer?

Customer: replied 10 days ago.
18 months
Expert:  james bruce replied 10 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.
Unfortunately, you are unable to bring a case against the employer for unfair dismissal. Ypu would need a minimum of two years service to be able to claim unfair dismissal.

You may have a claim against them for wrongful dismissal,if they have breached any contract clauses. If they have any clause in the contract on how to deal with performance or disciplinary matters and have not followed them then you could have a case for wrongful dismissal.

As for them closing your access on the computer, that is very normal when an employee is dismissed. It is unusual to be allowed to use a works computer for personal matters of messages. But the employer can freeze the computer and then delete all personal items when they receive the computer.

Customer: replied 10 days ago.
I will go through the contracts and and handbook tomorrow..how about a case.of bullying, treating different to other members by making it difficult for me to.succeed, account allocation, him not following up on calls, not attending when asked, general.lack.of support and in some cases jeapordising deals in order to bring me to fail. I know it sounds like a moan but I have evidence of being spoken to in a dismissive manner, being ignored and being driven to fail.
Customer: replied 10 days ago.
Surely I should be able to access the files in the 'personal' folder. Photos, cv, receipts etc? Isn't it my data as long as its supervised?
Expert:  james bruce replied 10 days ago.

All very unfortunate, but with less than two years service, you have no claim for unfair dismissal, that is set in law.

The employer may allow you supervised access if it is convenient to them to do so, or they can simply wipe the laptop and reboot it, that sorry to say is their choice. The laptop is company property.

Customer: replied 10 days ago.
I guess now my employment has ended I have less options. Should I gave raised a grievance for the way I was being handled before. I have been given 5 days to appeal the PIP
Customer: replied 10 days ago.
How about a subject access request ?
Customer: replied 10 days ago.
My manager also set a meeting to review an account but decided to offer me a pay off to leave sooner the PIP process had finished.
Expert:  james bruce replied 10 days ago.

Yes you  would have a right to appeal dismissal, if you wish to do so make the employer aware ASAP.

I cannot help with a su/jest access request.  It yes if employer has information you should be able to request access.

Customer: replied 10 days ago.
I was effectively 'managed out'
Expert:  james bruce replied 10 days ago.

I fully understand, that would normally be unfair dismissal, but the law is what it is , under two years service you cannot claim unfair dismissal.

Expert:  james bruce replied 10 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 10 days ago.
what options do I have.?
Expert:  james bruce replied 10 days ago.

You have no case for unfair dismissal.so nothing can be done about that.

As already explained, depending on what you contract says, you may have a case for wrongful dismissal.

As for the laptop, you have a legal obligation to return that. The employer has a discretion  to allow you access to it to remove items, or they can simply reboot the item. That sorry to say is there choice.

You therefore should speak to the employer and ask again if you can retrieve the information you would like to remove.

Customer: replied 10 days ago.
What sort of contract breaches.bullying and discrimination?
Expert:  james bruce replied 10 days ago.

That would be Unfair dismissal.

Wrongful dismissal is where they have broken the employment contract.