Dismissed - Help!

kazzah60

as ever Lazy Daisy and SarEl have given the OP excellent advice- along with many other posters

I can fully understand the frustration that the Op feels as my husband was dismissed from his job 3 weeks short of 12 months service.

He was given 2 days notice of a disciplinary meeting regarding his performance and failure to meet targets for his position - he was given a copy of the capability procedure which states quite clearly

that informal discussion should take place and he should be given time to improve

following that if performance still does not improve a written warning should be issued

if there is still no improvement after a reasonable time and he cannot be transferred to more suitable work he should be issued with a final warning that unless performance improves he may be dismissed

- he believed this was the process under which his discliplinary meeting was to be held and judged

he is not a member of a union and chose not to take another employee into the meeting with him as they CEO of the organisation is a bully and a bit of a thug and dh knew that none of the other staff would go against anything the CEO and the Operations director said.

He was bullied during the meeting by the CEO and the Operations director ( they didn't have anyone impartial to take notes the CEO took notes!) and no mention was made at all of the capability procedure nor that his job was at risk. He was told they would consider their position and get back to him.

2 weeks later he was dismissed given 1 months PILON and the reason given for his dismissal
was
"conduct" !!!!!!!!!
not gross misconduct, unsatisfactory conduct - simply conduct ! ( which doesn't even exist in their disciplinary procedure!)

they totally ignored their own procedure and policy guidelines and of course, my husband has no recourse because he does not have 12 months service.

a few days after he was dismissed I mentioned it to a solicitor friend of mine who works in clinical negligence and he suggested I contact their employment law department.

believing we had nothing to lose DH had a chat with their lawyer and during their conversation DH mentioned a few things that had happened and how he felt he was victimised over some facts he had reported to the CEO and Operations manager - the lawyer questioned DH futher and felt that there were grounds to argue that DH may have been dismissed because of the protected disclosures he made. Especially as one of the points was mentioned as a secondary reason for his dismissal.

so I guess what I am trying to say to the Op is this - it might well be worth yourwhile spending a few Pounds to consult an employment lawyer, who specialises in this field and who can give you proper advice based on YOUR OWN INFORMATION AND EXPERIENCES !
there really is no substitute for getting good advice.

we have now filed a claim with an Employment Tribunal - and we are keeping fingers crossed that we are successful.

redandyellow

There are all sorts of reasonable adjustments that can be made and one of them CAN be to lower targets. IF you are disabled under the terms of the Equality Act, you dont have to be with your employer for 12 months before you can claim unfair dismissal.

KiKi

redandyellow wrote: »

There are all sorts of reasonable adjustments that can be made and one of them CAN be to lower targets. IF you are disabled under the terms of the Equality Act, you dont have to be with your employer for 12 months before you can claim unfair dismissal.

You know this thread is from July, right?

redandyellow

Ooops! Thanks KiKi

redandyellow

KiKi, I have probably posted replies on other old posts too!
Live and learn

KiKi

redandyellow wrote: »

KiKi, I have probably posted replies on other old posts too!
Live and learn

Haha! Easily done.