I really need some help with this

donnaessex

Googlewhacker wrote: »

You have to know why so you can challenge it!

But what if he does write that? Do I have to say "state the exact reason"? He'd surely never write what he said to me down? He may be an oaf, but he's not stupid...!

DVardysShadow

donnaessex wrote: »

But what if he does write that? Do I have to say "state the exact reason"? He'd surely never write what he said to me down? He may be an oaf, but he's not stupid...!

Donna, it does not matter too much what he does write, but if you think that your case involves calling him a liar, you need a lie to point to. I think he is being slippery. If you are going to get this sorted in your favour, you need to reduce his scope for being slippery.

You need a reason. If you just ask for "monies owed, leave date and notice period etc", he will probably just reply with "monies owed and leave date", leaving scope to make out you resigned.

KiKi

donnaessex wrote: »

But what if he does write that? Do I have to say "state the exact reason"? He'd surely never write what he said to me down? He may be an oaf, but he's not stupid...!

As DVS says, the other stuff may be important to you, but this is by far the most important! Put in writing to him that you want to know those things. Also put in writing (in a paragraph all of its own so it's crystal clear to him) that you want the *specific* reason for your being asked to leave your post which falls under fair dismissal as defined by law.

If he does not provide you with a reason which is fair, you then have something to write back with. Only then can you work out whether or not you're going to have a case. ('A restructure' won't cut it. You would need to write back stating that a restructure is not a reason for terminating someone's contract, and you politely request again the reasons for the dismissal from your specific role, which fall under fair dismissal as defined by law.)

At the end of the day, OP, it depends how much you want to fight it. You might prefer not to have the aggro, or you might be up for fighting for your job! But only you know that.

HTH
KiKi

The_Pedant

It might be worth noting (as I understand it) that if you ask for the reason for termination to be put in writing, then this must be provided within 14 days.

SueC_2

donnaessex wrote: »

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

use it!!!!!!!!!!!

donnaessex

Today I have sent my boss an email:

I spoke to Santander last night and I need a letter from you for my mortgage protection to kick in. I have to provide an original copy to them.

The letter needs to state:
Start date - xxx 2009
Finish date - 18th February 2011
Last day of notice period - 11th March 2011
Reason for dismissal

Thanks

Its complete b*llocks but I want him to put *something* in writing. I dont have mortgage protection at all. I feel sick to my stomach today and its really hit me whats happening. I woke at 4am sobbing and didnt stop until the children woke up at 7am - I am on the verge of tears constantly and I'm seriously considering going to the doctors and getting signed off with stress. I am never like this - always a very happy, optimistic person but everythings gone wrong because of this decision.

My sister who looks after my children for a token amount a month has to find a job - she's already got one lined up in the salon where she used to work so now I've lost my childcare. My mortgage renewal is up in June and I was going to go onto a fixed 2.99% rate saving us over £200 a month. Now we'll be on 4.24%. I've been applying for jobs for months and only had 3 interviews and no job offer - why will that change now?

All I can see is doom and gloom and I'm so scared.

donnaessex

I spoke with ACAS this morning and the lady was very helpful. She said regardless of what happens, I do have a case for unfair dismissal. He must put in writing the reason for my dismissal - redundancy or dismissal on xxx grounds, within 14 days of termination of employment and if he doesnt, that alone will raise eyebrows.

If he does write to me, then if he states redundancy, there hasnt been a consultation so he's borked on that count. If he states dismissal, then he is borked too.

I just dont want to do this but I must. I'm so worried - he is such a scary bloke when you get on the wrong side of him.

fred7777

Why have you not asked the HR company you have on retainer?

Firstly you need to find out if you are being made redundant or being dismissed then you need to find out how much of the time you have been working there counts under various employment laws.

If you are being made redundant they can't hire another person to replace you but they can transfer your work to other people in the company.

If you are being dismissed then they need to state on what grounds. Unfortunately capability looks like a good probability however they would have a hard time at an ET explaining that they dismissed you for this reason then transferred your work to another unqualified person as your original post says.

SueC_2

fred7777 wrote: »

Why have you not asked the HR company you have on retainer?

I would expect them to declare a conflict of interests.

Even if they don't, it is the company that they are contracted to, not individual employees, and any advice they gave would be that way inclined.

The OP needs independent legal advice, which she is sure she has access to. It is that route she should be persuing.

donnaessex

Why have you not asked the HR company you have on retainer?

I dont have access to the daily passwords etc anymore.

Firstly you need to find out if you are being made redundant or being dismissed then you need to find out how much of the time you have been working there counts under various employment laws.

He hasnt confirmed either way.

If you are being made redundant they can't hire another person to replace you but they can transfer your work to other people in the company.

He has told me that he will be hiring a CIPD qualified candidate.

If you are being dismissed then they need to state on what grounds. Unfortunately capability looks like a good probability however they would have a hard time at an ET explaining that they dismissed you for this reason then transferred your work to another unqualified person as your original post says.

They are transferring it until such time they get a qualified person in.

None of it adds up - this isnt a back street two-bob company, this is a multi million turnover company. I dont understand why he thinks he can get away with this.