Sudden termination, no warnings

sebtomato

Hi,

I am (was) working in the UK for a very large american company in a fairly senior role. I joined about 11 months ago (would be have been a year in a couple of weeks), and had good reviews, and received positive feedback until yesterday.

Today, a new manager sets a meeting with him and a junior HR representative, and tells me that it is not working out and my employment is terminated today after the meeting. They will pay me my notice period, I don't have to go back to work tomorrow.

I got no warning or notice at all of poor performance. I had no idea what the meeting was for today. My direct manager never mentioned poor performance, and I have not commited any fault.

Are they not supposed to notify people first of poor performance, and give some warnings, before terminating someone like that on the spot?
Am I not entitled to have a colleague with me, and have some sort of appeal process?

I have never been treated like that in my life, and this is from a very well known and highly profitable company...

Obviously, the way they treated me today gives me no desire to ever work for them again, but could I get some better compensation than just my notice period?

Did they give me notice of my termination a couple of weeks before a full year to limit their liability (although the actual termination would be well after one full year).

Thanks

getmore4less

Looks like they are using the not worked for a year and know what they are doing.

Any contracual policies they have not followed?

When exactly did you start?

You can add statutory notice(1week) to determine service

Whats your contractual notice.

They need to pay notice acrued not taken holidays.

Jarndyce

sebtomato wrote: »

Did they terminate my employment a couple of weeks before a full year to limit their liability?

Yes that's exactly what they did, and providing they have paid you in lieu of notice and paid any outstanding holiday pay, there is absolutely nothing you can do about it (unless you want to name and shame!)

sebtomato

Actually, they said they would pay me during my notice period, but I don't have to come to work. In that case, my effective termination date would end after one year of employment.

Caroline_a

That's classic stuff from US companies. They did that to an MD I worked for a few years ago, and I've seen it done to other grades of staff too. I would accept your garden leave as it is and find another job in the meantime. Possibly you could ask for some more detailed feedback to find out what went wrong, but you'll probably find that as you have less than a year's service they haven't done anything wrong legally.

longhauladdict

Hi

I ould just add that its probably worth speaking to a solicitor as most tribunals would accept this claim as your notice period would take you past the 12 months date.
I know that our company solicitor ( I am a HR Manager) has always advised that we never terminate without the full process once someone has reached the 11 month stage.
Hope this helps

sebtomato

longhauladdict wrote: »

Hi

I ould just add that its probably worth speaking to a solicitor as most tribunals would accept this claim as your notice period would take you past the 12 months date.

Thank you. Do you think I would be likely to get some more compensation due to the fact that they didn't follow a usual termination process, and didn't get any warning? What about emotional distress?

I am yet to receive any papers from them, so maybe they will make a better offer first to avoid trouble, but if not, I would like to know if I could get better compensation.

Thanks!

agrinnall

I would suggest that while attempting to get more than they have offered may net you some more money, it's also very likely to lead to them being either uncooperative or downright negative when it comes to getting a reference. It might be better to focus your efforts on agreeing with them to give you a decent reference and looking for a job with a company that is less likely to do this - although that will become more difficult once the government introduces a 2 year qualifying period for many employment rights, which could start as soon as April this year.

Jarndyce

agrinnall wrote: »

I would suggest that while attempting to get more than they have offered may net you some more money, it's also very likely to lead to them being either uncooperative or downright negative when it comes to getting a reference. It might be better to focus your efforts on agreeing with them to give you a decent reference and looking for a job with a company that is less likely to do this - although that will become more difficult once the government introduces a 2 year qualifying period for many employment rights, which could start as soon as April this year.

It DOES start in April this year.

OP - you need to clarify whether you are being paid in lieu of notice, or during your notice, as you have implied both. If it is in lieu, then you may not have the 12 months qualifying service to take out an unfair dismissal claim.

Pete111

Yep agree with Jarndyce.

This hinges on whether you are effectively already terminated and a lump sum PILON is to be made OR whether you are still currently employed but not required to come into the office during your notice period. If the latter you can more than likely claim unfair dismissal, though in your OP you state you were told your 'employment was ending that day' which indicates it's a PILON situation and your length of service may fall just short.

Suggest you clarify this and/or get a meeting with a solicitor asap. You may get enhanced tribunal award if there was no process but realistically you do not want to take this to tribunal. What you want is for your lawyer (if you do have a case re UD) to write a scary letter detailing what you could claim and get them to compromise you out with a decent pay off.

Note to the forum - It looks like the 2 year unfair dismissal amendment set for April will NOT apply to those employed prior to that date.

sebtomato

Hi,

My contract mentions that the employer can either give a garden leave, or a payment in lieu. The effective termination date can be therefore very different, just before one year or well after.

However, I was told during the meeting that I would paid for the next three months. I didn't know it would be a disciplinary meeting, and had no colleague or witness with me. A week later, I am yet to receive any written confirmation or letter of what happened.

I think that, given that all communication was verbal, with no witness from my side and no written confirmation has been given, and I was shocked, they have failed to terminate appropriately within one year minus one week. There are several identical cases, where the effective date of termination was at the time a formal letter was received and read, rather than the meeting.

Found on the web: "It is good practice to confirm any decision in writing as soon as possible. Verbal only communication of dismissal may breach the new ACAS Code of Practice that requires disciplinary process outcomes to be in writing. It is possible that sending a copy of the minutes might fit this criterion, but there is no substitute for a clear letter."

In addition, my contract states that dismissal matters will be dealt with the relevant HR process, appeal etc, so they have exposed themselves to a breach of contract.