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MARTINT330
MARTINT330,
Category: Law
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Experience:  Expert
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I have had my contract terminated at work with the reason

Customer Question

I have had my contract terminated at work with the reason given as I am no longer suitable for my role. I have worked there for 23 month and never had any disciplinary proceedings or notification of issues with my work. I was invited to a meeting and told my contract was being terminated and to leave immediately.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: HR was present As was the Finance director. I asked for further clarification and got nothing.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: An employee and no I do not belong to any unions.
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 it was all very brief and I was shocked.
Submitted: 21 days ago.
Category: Law
Expert:  MARTINT330 replied 21 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 21 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 21 days ago.

If your employer has dismissed you, they must show they have:

  • a valid reason that they can justify (for example, if you have not been able to do your job)
  • acted reasonably in the circumstances
  • Fair reasons for dismissal (you aren't performing to the required standard or that you can't do your job properly)

In your case, if you are no longer suitable for the role, then your employer has a fair reason for your dismissal. However, your employer should make sure you are given adequate training to do your job. If you are performing poorly, you should usually be warned that your work isn't satisfactory and be given a chance to improve before any action is taken.

Expert:  MARTINT330 replied 21 days ago.

When an employer dismisses an employee, they should give them notice of when their job will end. An employer can only dismiss an employee without giving notice if it's because of gross misconduct (when an employee has done something that's very serious or has very serious effects). The employer must have followed a fair procedure.

If the employer terminates/fires an employee in an illegal manner or without giving proper reasons or notice, then he has the right to approach the court of law.

Expert:  MARTINT330 replied 21 days ago.

Is there anything else I can help with today?

Customer: replied 21 days ago.
That is a good start thank you. As there was no notice or communication regarding my suitability for the role or meeting regarding capability or training what would be worth pursuing? Unfair dismissal??
Expert:  MARTINT330 replied 21 days ago.

You can take legal action in the employment tribunal for unfair dismissal. The current cap on compensation awards for unfair dismissal claim is £98,922.

Expert:  MARTINT330 replied 21 days ago.

As part of this an employment tribunal will take into account the length of time you have worked for your employee as well as the potential consequences of capability dismissal on the overall business, including on the remaining employees.

An employment tribunal will consider this in light of what another employer would have done in the same business or profession. This could, for example, include what type of evidence a similar employer may normally seek to rely on for dismissal or the process that would be followed under the ACAS code.

Where capability dismissal is a result of a disability or ill health, generally it would not automatically be considered unfair dismissal. However, if it has not been dealt with correctly or fairly, it could result in a discrimination claim. A claim based on discriminatory dismissal is not capped in terms of the potential amount of award.

Expert:  MARTINT330 replied 21 days ago.

To make a formal claim in the Employment Tribunal, the claim can be initiated via the following link: https://www.employmenttribunals.service.gov.uk/apply

Expert:  MARTINT330 replied 21 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.