Advice Please - I think I've been unfairly dismissed but have no idea what to do!

Northern_Princess

I started a full time permanent job on 18th April as an Executive PA. I was sent home from work at the end of August (by the CEO I worked for) as I felt unwell and was later diagnosed with shingles and signed off by my GP for a week. I kept in constant touch with my boss over this time and offered to work from home as well.

I received an email terminating my employment on 8th September. There had been no indication before that he was unhappy with my performance. He would not meet to discuss the email he sent, although I have tried and have stated that I was not taken through any disciplinary procedure. I got a month's notice and paid up until 8th October. He stated in the email that he was sorry he hadn't managed to spend much time with me (he hadn't and I was basically trying to work out myself what he was doing day to day). He also states he had tried to redeploy me but was at full admin capacity so couldn't. His wife who is the HR Officer for his company called me and couldn't apologise enough for ending my employment.

I did nothing wrong as far as I can see and the only reasons he gave for terminating my employment were:-

Not keeping a spreadsheet up to date with his tasks from meetings. I couldn't keep it up to date as the man would rarely communicate with me as to where he was or what he was doing!

I had "barged" into his room with the Operations Manager as the OM needed to speak to him urgently about an IT issue. I actually never barged, I knocked and he said to come in, I explained the situation about the IT issue and he said to bring the OM in!!!

That's all he's mentioned in the email except I got on fantastically with all the other staff, settled well etc.

I REALLY don't know what to think or do. I do know all the staff are terrified of him, he's a passive aggressive person who would sent a screaming email and come out and smile to your face.

Do I have grounds for unfair dismissal? I've read loads but get so bamboozled by it all.

I'm in Scotland if that helps if the law is different.

Advice greatly appreciated.

Edited to add I have just found them advertising my post as a "New" post in the company online!

SarEl

No sorry - you had less than 12 months employment and so you cannot claim unfair dismissal except in certain limited circumstances which do not apply to you.

KiKi

Hi OP

As SarEl explained, you have no recourse to unfair dismissal.

All I would say, though, is don't think this is your fault and try and understand why. Given that his wife was apologising profusely, and given that he appears to have provided non-reasons for dismissal, and given your perception of him and the staff's fear, it sounds like he's just one of those people who wants who he wants in the job, and it's nothing to do with performance or you.

I'm not saying that's a good thing, or a right or fair thing, by the way! Just saying that some MDs / CEOs, esp in smaller organisations, just want someone they've decided to take a liking to, and other factors don't come into play.

Instead of beating yourself up, or wondering why, consider yourself lucky for getting out of there and not working for a nightmare of a boss, and go out and hunt for the next job which will be better than the last one.

KiKi

SHIPSHAPE

Did you have a written contract of employment? If so, please post up what it says their procedure for dismissal is.

It appears you were fired rather suddenly and with seemingly no process followed (and I'd be surprised a written contract would allow this).

We can then see if you have a potential claim for breach of contract.

KiKi

She was paid a month in lieu of notice, so unless her contract says she should get more than that, there's no breach of contract.

KiKi

dandelionclock30

No theres nothing you can do, can you sort something out with them reference wise? Luckily you havent been there long, so if they wont help you out you can always be creative with the truth!
What a person considers to be an unfair dismissal and what an ET consider an unfair dismissal are 2 different things.

SHIPSHAPE

KiKi wrote: »

She was paid a month in lieu of notice, so unless her contract says she should get more than that, there's no breach of contract.

KiKi

That is not what I asked the lady.

I asked about the procedure the employer used when dismissing, if it wasn't followed as per contract, then that gives rise to a claim of wrongful dismissal/breach of contract.

The month in lieu is a period of notice, nothing to do with what was effectively the ultimate sanction, dismissal.

I'm not even sure why you mentioned it.

Hammyman

SHIPSHAPE wrote: »

That is not what I asked the lady.

I asked about the procedure the employer used when dismissing, if it wasn't followed as per contract, then that gives rise to a claim of wrongful dismissal/breach of contract.

The month in lieu is a period of notice, nothing to do with what was effectively the ultimate sanction, dismissal.

I'm not even sure why you mentioned it.

She has been employed less than a year. There is no legal requirement to follow dismissal procedure. That only applies to employees who have been there more than a year. Therefore even if it is in the contract, it is not applicable until she has been there a year.

SHIPSHAPE

Hammyman wrote: »

She has been employed less than a year. There is no legal requirement to follow dismissal procedure. That only applies to employees who have been there more than a year. Therefore even if it is in the contract, it is not applicable until she has been there a year.

Rubbish.

Statutory requirments cannot be reduced but they can be enhanced by a contract of employment, and that contract is valid from day one.

If the contract states that certain procedures must be followed before dismissal, and they are not, that is a breach.

Which is why I have asked the lady what the details of her contract are, if any.

Uncertain

Hammyman wrote: »

She has been employed less than a year. There is no legal requirement to follow dismissal procedure. That only applies to employees who have been there more than a year. Therefore even if it is in the contract, it is not applicable until she has been there a year.

You are confusing two issues.

What you say is correct as far as making a claim for unfair dismissal is concerned.

However an enployment contract may include all kinds of other benefits and rights and may require a particular procedure to be followed before it can be terminated. In that case, if the firm fails to follow the procedure, they are in breach of contract and this is open to action regardless of length of service.

Wellery82

SHIPSHAPE wrote: »

Rubbish.

Statutory requirments cannot be reduced but they can be enhanced by a contract of employment, and that contract is valid from day one.

If the contract states that certain procedures must be followed before dismissal, and they are not, that is a breach.

Which is why I have asked the lady what the details of her contract are, if any.

For an unfair dismissal claim it can only be raised after 12 months of employment unless the dismissal is on the grounds of specific discrimination - ie age/sex/union membership/pregnancy/sexual orientation/disability etc.

For a wrongful dismissal claim there has to be a breach of contract as you outline. The claim however can only be for the monies lost (ie if she had an extended notice period that was not honoured for example) and if there is no financial loss then there is nothing that can be claimed for. She could win a wrongful dismissal claim potentially, but all this would show would be a breach of contract, with no financial recourse - it would not show the dismissal was unfair per se.

That is my understanding anyway