Instant dismissal today

KiKi

True_Mister_Six wrote: »

I'd be interested in knowing this also...

Taking a stab here, but I think I remember Tigeress posting on another thread about breach of contract.

So I assume s/he's referring to the fact that although unfair dismissal won't apply, wrongful dismissal may.

KiKi

Thriftysaver

Yes, it would be pursuing wrongful dismissal not unfair dismissal for failure to follow procedure. Also no need to be employed for minimum of 12 months to bring a claim. HTH

zzzLazyDaisy

Thriftysaver wrote: »

Yes, it would be pursuing wrongful dismissal not unfair dismissal for failure to follow procedure.

Just to clarify....

You can only claim wrongful dismissal for failure to follow a procedure if the procedure is contractual (the former statutory procedure was repealed). It is rare for disciplinary procedures to be contractual. Most contracts which have probationary periods will specifically state that the employer is entitled to dismiss during the probationary period without following the disciplinary procedure. Further most contracts will expressly state that the disciplinary and grievance procedures are not contractual.

Of course OP's contract may not have been particularly well drafted and may be an exception, but it is worth clarifying this before suggesting a claim for WD as a way forward.

DirtyDick

You could also claim under a 'protected' form of employee, just to throw a !!!!er in the works... gender, race, disability, sexual orientation... say someone said something derogatory...

Thriftysaver

I agree that the procedure must be contractual, and I did mention this in my other post.

tomjonesrules

DirtyDick wrote: »

You could also claim under a 'protected' form of employee, just to throw a !!!!er in the works... gender, race, disability, sexual orientation... say someone said something derogatory...

And everytime someone does that, it makes it that bit more difficult for those that have genuinely suffered discrimination.

bignred05

Boilie wrote: »

Hi All,

I had a meeting today and was dismissed straight after. I have been in this job for almost four months out of a six month probation. I had a performance review almost two weeks ago and at the end of that I asked my team lead whether I was doing ok and was told yes.
Today I was dragged in to a joint meeting with the team lead (taking notes) and the head of the dept who advised it was a formal meeting. I had no prior warning and was not allowed anybody else with me. I was told my performance was not good enough and that I had disappointed them, I was presented with a letter and sent home.

Any idea if this is all above board?

The exact same thing happened to the d/w, although she had worked for what sounds like the same company, a very well known company (Arv@t@) for 2 months
she was told similar things, however in her defence, she had a target to hit, the amazing thing in her case was she was on the verge of hitting the set target of 100 per day
she had completed 99 & 91 on 2 days within the last week, despite pleading this in defence, she was finished there and then, although she did get 1 week in lieu of notice, still blo@dy angry with them

QuackQuack_2

bignred05 wrote: »

The exact same thing happened to the d/w, although she had worked for what sounds like the same company, a very well known company (Arv@t@)

Do you mean: http://www.arvato.co.uk/ by any chance?

Boilie

Hi All, to add further insult to injury my final wages have been received today and they are completely wrong, they do not match the sum shown on my payslip (and that matches with my P45) - I have notified them first thing today and said it needs to be resolved urgently - am I right in thinking I can charge them interest if it is late?

TrickyWicky

You can invoice them if you want however whether they'll pay it or not is another matter. I suspect they won't though as their stance will be "We're bigger than you".