Mortgage Protection - Just lost my job

payless

Most plans do not pay out for " failing to meet performance standards or targets laid down by your employer" they are really only for redundancies

would be useful to post

when policy was taken out
Were you made redundant from previous job or did you leave just to take up this one

Culater_2

Policy was taken out in May 2007. I left my old job in June 2008 to take this one which I have just lost last week!

firesidemaid

so say your probationary period was for 3 months and all was well after your review at this point.

how exactly have you lost your job? did your company follow their disciplinary procedure? what has happened leading up to this letter/exit interview.

most companies have a disciplinary policy to follow and if they do not follow it then they are in the wrong. it sounds like they are just using an 'excuse' to lay you off.

Culater_2

The policy wording says as follows, in the exclusions area:-

"If you are dismissed for mis-conduct, dishonesty or fraud or any act you carried out"

Thats all it says - the rest of the info is regarding other items, including casual work, temp contract etc etc, etc.

payless

Thanks for dates, didn't want to get you all looking closely at one point , if dates didn't match up anyway
( most policies need you to be in work 6m before date of policy... some allow this to be waived if 6m since date of calim)

You really need to talk to employers about what procedures they have in place for performance monitoring

I'm afraid that since you haven't been working for your employer for a year, the main legal protection of unfair dismissal doesn't apply to you. You are still entitled to receive your notice pay and if you think your boss may have decided to dismiss you on the basis of your race or sex, you could try to raise the point, since the discrimination laws don't require any period of qualifying service. You could also ask to appeal against the decision to dismiss you - your company should have an appeals procedure in place. An appeal would normally be conducted by a more senior manager, so you might find out more about the reason behind the decision to let you go.
You could also check to see whether your company has a contractual disciplinary procedure. If it does, it should really have followed it in dismissing you. In theory, you could bring a breach of contract claim on the basis that the company has failed to follow its own disciplinary procedure and that you are entitled to damages for loss of salary during the period a proper procedure would have taken. You may feel that this is going further than you want -

If they aren't replacing you, ask why its not being treated as redundancy, if they are then its unlikely they will be able to "tone down " the wording and as such the policy is unlikely to cover you ( that said different polices have different conditions- so still worth checking)- even if covered unlikely to pay until end of payment in lieu finishes, then if 30 wait on policy you need to be off end of Jan .. hwats the job prospects in your industry ?

Culater_2

There was no previous discussions/correspondance or a three month review or assessment carried out. No warnings, written or verbal - nothing.

Went into work after a few days off on holiday and was taken into inerview room by MD and her letter says...

"As I explained, you have been with us for nearly six months and during that time I have had some concerns that some aspects of the position are leaving you considerably out of your depth. As I am sure you now appreciate, though we are a small business, we are extremely complex in peration and this complexity is only likely to increase as we rapdly grow overseas. After careful consideration it is my opinion that you are not performing at the level we require in a number of areas and that to continue further will only put you and the company under unreasonable pressure. I have therefore taken the very difficult decision of terminating your employment"

huh?

Culater_2

Worried that the mortgage protection will say im not covered - even though its not grioss misconduct or anything like that.

The company is paying me in lieu of notice and Nov and Dec salary on 28th of November.

sarahs999

If the policy says this "If you are dismissed for mis-conduct, dishonesty or fraud or any act you carried out" under its exclusions, then, looking at what they wrote in the letter, you should be OK. You did not get dismissed for miscondict, dishonesty or fraud. Someone legal can probably back this up, but to me it looks like you're OK. BUt I'm no expert.

payless

Hi, I was editing my previous post - when you posted yourself- think I have covered it - and sorry doesn't sound good if youn have the performance clause in your policy

Culater_2

There is no mention in the policy wording about performance