Mortgage Protection - Just lost my job

Culater_2

I was in a General Manager's position - responsible for the daytoday running of the business.

There was nothing in my offer letter or contract about perfiormance - I received no prior notification about any "concerns" they had, I had no appraisal, no meeting - nothing. Had a few days holiday got back to work and was hit with this!

I have emailed exboss to see if she will re-word the letter before I try to claim. Cannot claim anyway yet as they need a form from the Job Centre ABI1 form which I cannot get until I "sign on" next Friday and give them my P45...

£600 a week down to £60.50!!!! I cry now!!!!

Locoblade

I spoke to my missus who works in HR for a big retailer, she says 6 months is the key figure, after 6 months you do have some rights but before that although they probably should have issued a warning and followed a proper process, there might not be much you can do unfortunately. I dont suppose it was just OVER 6 months was it?

bacard1

Trying_to_be_good wrote: »

As far as I know, employers are allowed to unfairly dismiss you so long as you've not been with them for a year (then unfair dismissal legislation kicks in). So going after them for not firing you properly is a non-starter. But if they're a small company, they may well be able to give you a letter that meets your insurer's needs. I'd try for that.

Sorry your are not allowed dismiss someone from day one, with out following a procedure. If you own a company it is quite easy to get rid of someone under one year just follow the uk minimum requirements. However you can not just call someone in and say goodbye, unless it is a act of gross misconduct (i.e smacking you in the face etc) even then you would be better to suspend them imediately and ask them back to a meeting.

Trying_to_be_good

bacard1 wrote: »

Sorry your are not allowed dismiss someone from day one, with out following a procedure. If you own a company it is quite easy to get rid of someone under one year just follow the uk minimum requirements. However you can not just call someone in and say goodbye, unless it is a act of gross misconduct (i.e smacking you in the face etc) even then you would be better to suspend them imediately and ask them back to a meeting.

Unfair dismissal claims need a year of service: http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026692

HR just tends to be quite rule-bound in the UK. Hope the link helps.

bacard1

Taken from your own link you will see it says most case's but not all

What is an unfair dismissal claim?

If you are an employee and feel your employer has dismissed you unfairly, you might make an unfair dismissal claim to an Employment Tribunal (Industrial Tribunal in Northern Ireland).

In most cases you will need to have a year's service to make a claim for unfair dismissal.

If your dismissal was before 1 October 2006, you will also normally need to have been under your normal retirement age (or 65 if you don't have a normal retirement age).

now an employee with less than one year's continuous service with her or his employer and who, therefore, cannot ordinarily make a claim for unfair dismissal will often ask whether she or he can nonetheless make a claim for unfair dismissal when her or his employer has dismissed her or him without following the statutory dismissal and disciplinary procedures. An employee in this position will reason that: (i) when dismissing an employee, the law states that the employer must use one of the statutory procedures; (ii) that if the employer fails to do this then section 98A(1) of the Employment Rights Act 1996 states that such a dismissal is automatically unfair; (iii) that being so, an employee whose dismissal is automatically unfair does not need to have been continuously employed for at least one year; (iv) an employer who has dismissed in this way has committed a breach of statutory duty placed on it by the law; (v) therefore a cause of action being a claim for compensation must arise?


However seeing as an et1 will not cost the the op anything, and that the employer will not really want to goto a et, and i think the last average cost of defending a case was around 9k they may well offer a good will payment

bacard1

it would help if the op said he had brought up h&s issue's or that they had told them that they were gay etc. There are even case's were people have won very large amounts of money from companys and they do not even work for them (but that was not a unfair dismissal case).

Culater_2

Got my letter reworded to "Redundant" so claiming should not be a problem now