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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73871
Experience:  Qualified Solicitor
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They just kicked out my friend from job, UK, It just happend

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Hello they just kicked out my friend from job
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: It just happend 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: She was employe more than 2 years and by contract she should have a notice period

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 14 days ago.
My friend has Ph.D. and they kicked her out of the job today with immediate effect due to the reason that she does not perform. On her appraisal he said something else and that she does her job. She has been employed for more than 2 years and by the contract, she should have a notice period. They took away her firm access, phone, laptop, etc. everything happened today. She should have had any post appraisal meeting with KPI's etc.. which she didn't. Company HR, there are 3 of them, head of HR said she does not have time to meet her.
Customer: replied 14 days ago.
Could you see my last message?

Thank you very much for clarifying. First of all, I am sorry to hear about the issues she has experienced in her situation.

If an employee has been continuously employed with their employer for at least 2 years they will be legally protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR).

Therefore, the first step is to establish which of these reasons is going to be used to justify the dismissal. Not only that, but they must also justify that it was appropriate and reasonable to use it in the circumstances.

Finally, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances. Each of the potentially fair reasons will have its own requirements in terms of the procedure that needs to be followed in order to make it fair.

They are also expected to honour any notice period in her contract, unless she is being dismissed for gross misconduct, which would not be the case if it was a performance issue only.

If she wanted to take this further, she should appeal with the employer first and if that is unsuccessful, she can contact ACAS to initiate the unfair dismissal claims process and seek compensation.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 14 days ago.
Hi Ben, my name is***** friend was very kind to start the conversation with you as I asked him to help me while I was going through the whole thing. I will tell you a bit of background:I have been employed as PA to CEO since January 2019, so over 2 years now. In April 2021 my boss (the CEO) had an informal meeting with me, where he told me my performance was not satisfactory for 6 months back, and particularly my energy and approach. I explained that part of my decrease in energy was due to post-covid syndrome. I got sick on Christmas and infected at work - I have been in the office during all pandemic and even relocated closer to the office to help better with tasks as required by my line manager. He mentioned he didn't think it was due to Covid, but more my energy (vague as it is) he never clarified what he meant by energy. I made a summary of this meeting with him but overall he encouraged me to seek for another job since he though I was not made for this role and said I was overqualified for it. He mentioned that for all the tasks I need to do, booking meetings, arranging travel for him on a weekly basis, calls and other errands I do these and I am "functional". He said people from senior management and even junior staff had complained about me, my energy and approach. I asked him to tell me what the feedback was about in specific but he didn't want to tell me anything concrete, nor who said these things. So, he asked me to think if I wanted to still work in the company. I told him I was happy with my job and perhaps his perception of my energy was based on the time I had been sick with COVID and post-covid. I have been with treatment since February due to ongoing dizziness and vertigo, diagnosed by my GP at NHS. I got a sick note and was off for about 14 days sent by my GP. He and HR were aware of this.
By the time he had this conversation with me, I was going through the news that my father, residing in MExico, was diagnosed with prostate cancer and was awaiting surgery date. I told my manager previous to this meeting about the underlying health issues of my dad and asked him if I could use the holidays I didn't took last year (because I have been working and committed to the company) to go to Mexico so I could be with my dad during his procedure and recovery. This was approved by email and HR was also aware of this.
After my meeting with him, I requested a meeting with HR mentioning what was said during my meeting with him and my concerns that: 1. During the last 6 months he didn't mention anything about being dissatisfied by my performance, there had been no appraisals nor formal meetings documented with him or HR about this. 2. I was anxious that he 'encouraged' me to look for another role since he thought I was not happy and that made me reconsider my already approved trip to Mexico to help my dad. 3. My covid and postcovid syndrome and ongoing symptoms have not been taken into consideration but taken as part of his perception of my bad performance. It is worth mentioning that apart from the sick leave I was sent by my GP I've been attending work at all times and have not called in sick, except for a day when my vertigo didn't allow me to get up and I was vomiting all morning.
Customer: replied 14 days ago.
During that meeting the Head of HR, mentioned that she already had a meeting with my boss and he mentioned to her my performance was not satisfactory. She mentioned that my appearance was not the same as when I first interviewed and when I was wearing dresses. (this was shocking to hear) we don't have a dress code and everyone in the office dresses up casually. She mentioned that he said that I am the representation of the CEO and in this sense I need to use dresses. To what she agreed. However, on that day, she mentioend that my apparel (trousers, a black top, pony tail and natural make-up ) was good and I looked okay. I mentioned that since redundancies were made to Front of House staff I have taken up responsibilities of carrying stationery, boxes, going to the post office, receiving parcels and couriers so dresses are not the best thing for me to wear since I need to be running around from one building to the other and because I also been dizzy and not feeling 100% safe (as a matter of fact, due to my dizziness I hit myself in the walls from time to time). This is covid related. My balance had been affected since I got infected.
I was appalled my apparel was brought up since other people in the business, and the other PA (to the CFO) wears leggins and sportswear on a daily basis. So I was solely targeted with the dresscode.
When I mentioned that I didn't know what to think about being encouraged to find another role, and if going to MExico to see my father could affect my employment and end up in loosing my job. She mentioned that the decision of what to prioritise was up to me and that my role was not at risk for leaving on holidays. that in fact, if they were approved I was encouraged to buy my ticket and go home.
Customer: replied 14 days ago.
On that same meeting I showed to her the certificate of GP stating that I still have COVID symptoms, so that she knew that my dizziness and lack of energy or fatigue was not an excuse but documented medical evidence. she questioned that I have been sick for long (since December) and I mentioned to her that yes, that was the case and sequelae of COVID. I emphasised that the disease has caused many people to carry post covid and unfortunately I was one of them. when I showed her this certificate, she said she would like to speak again with my manager and show it to him since she thought that he has not been taking into consideration this evidence.
they had another meeting and I was called in without notice. Only for him to mention what he said previously, only now that his dissatisfaction was more than a year and close to the start of my employment period. I want to mention that during 2020 I had an appraisal and he graded me on high mark and I got a payrise and bonus.
i was all the lockdown period based close to the office - I asked him to relocate to one of the company apartments on site so I can go easily and without commuting to the office and back to help with retrieving documents etc. When lockdown eased last summer I went back to my house and I worked from the office on a daily basis.
i mentioned this to them as well. but in the end, what he mentioned continuously was my lack of energy and approach but not clarifying what he meant with that. only that other people has also complained to him about me. I never received any formal communication from HR nor disciplinary action regarding this matter. on the contrary my colleagues mention how I'm always the main point of contact and help resolve matters quickly.
on the meeting with the 3 of us, he said: go home to your dad your job is not at risk at all. So, with this in mind and with confirmation by email, I went ahead and book my ticket for Mexico (from 1st -17 May). I also noted him that I would have to self isolate and if he had an issue with that, he said no and that the other PA would cover for me. I did a handover with her, he on CC.
Upon my return to the UK, I self isolated for 5 days (i took a test to release) and was working from home. I returned to work in the office physically on the 24th May (last week) and wearing dresses and being more make-up on as per the comments. in Mexico i had further medical tests and the postcovid diagnosis was confirmed, I got a certificate with i sent to HR, they asked me to translate but i didn't had time with all the accumulated work. I had a draft in my email, which i couldn't sent out today (work email to which i don't have more access, even if i haven't received written confirmation of my dismissal with immediate effect at midday.
this happened today, when i was called in to my boss office with no previous notice, the Head of HR was already there and i was asked to join. My line manager, the CEO, mentioned that still my performance was not good, that my energy was not the same, I have been, however taking antidepressants and antianxiety medicaments prescribed by my doctor. He also said that he noticed a bit of improvement but that was not enough (even if i ghad been back in the office a week and 2 days). I have however, done all my responsibilities. The only comment he said is that i didn't sent a response to a bank email regarding the safety of the office prior to a meeting. They were asking for the procedures the company had put in place to tackle covid before their representatives came in. My boss called me that day at 8pm to ask if i had seen the email and i would respond but didn't mentioned that i would do straight away. in the morning he asked me again and i told him i drafted the email but needed to confirm some information and was doing that at the moment (9/10am), he mentioned that it was not an excuse and i should sent it last night - when i was at home and didn't had all the information with me and out of working hours. This was the reason for him to say in today's meeting that my performance is not acceptable, that the relationship of trust was not there anymore and he had to end it. He asked HR what was my notice period, to what they answered 4 weeks. He said he was happy to give me 8 weeks. they ended the meeting and HR walked me to my office, she mentioned that it was dismissal with immediate effect and asked me how long i needed to pack my belongings. I said i could do it and needed some time. She came back after 30 mins, i was asked to leave my access pass, laptop and iPhone in my desk. She also mentioned that they didn't want me to communicate to anyone in the business i was terminated and they would redirect my emails to the other PA. The legal counsel came and asked me to print something, i mentioned to him I was no longer able to since i just had been dismissed with immediate effect. He didn't know about this. Colleagues on the corridor looked shocked i was leaving escorted by the head of
Customer: replied 14 days ago.
HR and I couldn't say goodbye to my colleagues. They said they wanted to keep my dismissal discreet to what I asked why and that it seemed like I have done some sort of gross misconduct, which I did not. I mentioned this to her head of HR, I asked her where should I go to see my dismissal documents, etc, termination and she mentioned she didn't have time to speak with me and that they will write me an email. To this time, 19:35 hrs I have not received any email from HR or the company with my dismissal confirmation. I believe there are some grounds to pursue this as an unfair dismissal with harassment, being encouraged to seek for another job, the comments on my dresscode that could be sexual harassment and the fact that there was not an arranged dismissal process. Shortly after I was fired, my line manager entered my office to ask if I had arranged for his flights for next week, which I already did even before the conversation of dismissal took place, demonstrating that I was doing my job responsibilities.forgot to mention that before I left to Mexico, my manager and I had the formal appraisal, as suggested by HR on the meeting the 3 of us. On that meeting I came with an 9 page document explaining everything I had done during the year. my manager agreed that day that job wise I was doing everything i was asked for, but the only concern he had was my energy, he even mentioned that his wife and sister of his wife like to host and maybe I'm not hospitable or i don't have that sense of hospitality. i explained to him that hospitality is different at home and at the workplace. I also think that comment was out of place, I'm not his wife or relative but an employee.
I would be happy to hear your comments. I have more details in writing, sorry it's so long. I'm a writer and researcher, focused ironically on hospitality...

Hi there thank you for all of that but just to clarify we are a basic chat service only so if you need me to consider a lot of detail like above, which is like reading a formal long statement, it will unlikely be covered by the basic service wee offer. I can do it as a premium service which is charged extra but that is entirely up to you.

Customer: replied 14 days ago.
Hi Ben, thank you. Can i please ask you what is the cost of the premium service?

yes sure, depends on what you need from me - if it is checking over the information above and further advising on yourl egal position then I can quote on that?

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