I really need some help with this

donnaessex

Hello everyone.

I have been working for a company for 15 months as PA to the MD with dual responsibility for all company HR matters, with the back up of Employment Solicitors and an HR advisory service on retention. I've never had any formal training in HR, though did request it some 6 months ago to be told that I would be able to start it this year (2011). The company is owned by a large parent company but is run solely by the MD.

On Friday I was called in to the MD's office to be told that I am being let go as the MD got hauled over the coals when he told the Group CEO that I am not qualified. Apparently there was a directive some 6 years ago that all subsidiary companies must have a qualified HR professional looking after that department. My boss only joined the company 2 years ago and tells me he had no idea this was in place, hence why he hired me. He said he did fight for me, but I know that once the Group CEO says anything, we must implement it - its happened on other occasions and fighting our point gets us nowhere. I got quite upset as I wasnt expecting this at all and he sent me home early.

This morning I went straight into his office and asked him to tell me what process we were going to go through to terminate my contract and he said that my contract was terminated on Friday 11th Feb, with one months notice, but I was allowed to do a handover of sorts with the company Accountant - all payroll and HR matters and then leave on Friday this week.

When I asked about the redundancy consultation he said that as I was on a rolling temporary contract it didnt apply. I informed him that on 1st June 2010 we both signed my permanent employment contract and he visibly recoiled and said he didnt recall making me permanent. I walked into my office, got my file and gave him the countersigned contract and all he said was "this puts a different slant on things then" and said he will get back to me soon.

He has already hinted that he will pay my notice period tax free, but what can I do? Its not my fault I'm not qualified - I never claimed I was! They surely cant get rid of me, hire a CIPD qualified person and just carry on surely?

I've never had any disciplinaries, or any concerns over my work. How should I handle this? He is a bit of a "wide boy" and very tight with the company coffers so I'm not expecting him to play fair to be honest.

maninthestreet

Have you been sacked, or made redundant? If the latter, they cannot recruit a replacement to do the job you were doing, HR qualified or not.
It's not clear if the time you worked under the temporary, rolling contract counts towards the 1 year service required in order to be able to pursur a case of wrongful dismissal via an ET.

donnaessex

maninthestreet wrote: »

Have you been sacked, or made redundant? If the latter, they cannot recruit a replacement to do the job you were doing, HR qualified or not.
It's not clear if the time you worked under the temporary, rolling contract counts towards the 1 year service required in order to be able to pursur a case of wrongful dismissal via an ET.

I am being "let go" in his words - he said he had no problems with my work and he would provide a glowing reference so I'm not being sacked in my eyes. He was flustered when I pointed out that I had a permanent contract.

On my contract it says "Your continuous employment with the Company commenced on 9th November 2009."

Uncertain

donnaessex wrote: »

On my contract it says "Your continuous employment with the Company commenced on 9th November 2009."

Well that removes any doubt that you have more than a year's service so have unfair dismissal protection.

It is a post, not a person, that is made redundant. If this is a genuine redundancy situation then you would not be eligible for any redundancy payment unless you could somehow argue that your total employment is over two years.

However, it sounds more like dismissal in which case it may be legally unfair giving you the opportunity to make a claim.

Check your home insurance for legal cover.......

tizerbelle

They cannot just "let you go". Either you resign, are sacked or made redundant - no other options.

Ring the companies employment law helpline for advice - you can give it to them as a hypothetical, employee appointed, never stated had a certain qualification, company now wants to get rid because not qualified - how do they do that? can they do that?

Or point out to them that although you may not be qualified you know what the law is and no employer can just "let someone go". If they are desperate to get you out, fighting to stay won't be pleasant and life afterwards won't be pleasant - sounds like the group CEO would hold a grudge - so negotiate and negotiate hard now.

You can say
a) i'm not qualified, I never said I was, I have a permanent contract - you can't legally just let me go wo why not get me trained and qualified
b) you are in the wrong, you can't just let me go and if you do I will submit an case to employment tribunal for unfair dismissal. To avoid this I want a compromise agreement with agreed reference (they pay your legal fees to get a solicitor to review this); I want 3 months paid garden leave as notice and an enhanced pay off you want compensation for loss of earnings as will take a while to get another job. As with all negotiations, tell them more than you want to start, as they will barter down and then you meet in the middle ( to achieve what you actually wanted)

donnaessex

Uncertain wrote: »

Well that removes any doubt that you have more than a year's service so have unfair dismissal protection.

It is a post, not a person, that is made redundant. If this is a genuine redundancy situation then you would not be eligible for any redundancy payment unless you could somehow argue that your total employment is over two years.

However, it sounds more like dismissal in which case it may be legally unfair giving you the opportunity to make a claim.

Check your home insurance for legal cover.......

I do have legal cover. I am certain of it.

Will I have to appeal this, as he is saying it is not redundancy? Well, he was this morning but that may change when we speak later today. I really dont want to have to come back here and argue with him face to face after I leave - he's a big scary bloke and I'm very timid!

donnaessex

tizerbelle wrote: »

They cannot just "let you go". Either you resign, are sacked or made redundant - no other options.

Ring the companies employment law helpline for advice - you can give it to them as a hypothetical, employee appointed, never stated had a certain qualification, company now wants to get rid because not qualified - how do they do that? can they do that?

Or point out to them that although you may not be qualified you know what the law is and no employer can just "let someone go". If they are desperate to get you out, fighting to stay won't be pleasant and life afterwards won't be pleasant - sounds like the group CEO would hold a grudge - so negotiate and negotiate hard now.

You can say
a) i'm not qualified, I never said I was, I have a permanent contract - you can't legally just let me go wo why not get me trained and qualified
b) you are in the wrong, you can't just let me go and if you do I will submit an case to employment tribunal for unfair dismissal. To avoid this I want a compromise agreement with agreed reference (they pay your legal fees to get a solicitor to review this); I want 3 months paid garden leave as notice and an enhanced pay off you want compensation for loss of earnings as will take a while to get another job. As with all negotiations, tell them more than you want to start, as they will barter down and then you meet in the middle ( to achieve what you actually wanted)

Thank you so much Tizer!

williacg

donnaessex wrote: »

I do have legal cover. I am certain of it.

Will I have to appeal this, as he is saying it is not redundancy? Well, he was this morning but that may change when we speak later today. I really dont want to have to come back here and argue with him face to face after I leave - he's a big scary bloke and I'm very timid!

Are you in a union?

donnaessex

williacg wrote: »

Are you in a union?

Hi williacg. No, I'm not.

angel223_2

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Googlewhacker

Could you look at offering the fact that will do the training to become qualified part time with a bit of flexibility from work as long as they pay for it?

I can't help but think that the MD is making something up here, if he is the MD he will hardly be pulled across hot coals for something like this but because he made a mistake he is trying to make it out that its not really his fault that he has to 'let you go'