Sudden termination, no warnings

Acc72

sebtomato wrote: »

My contract mentions that the employer can either give a garden leave, or a payment in lieu.

However, I was told during the meeting that I would paid for the next three months.



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.

With regards to the first point, I am not sure of the legal position but it sounds as though your company do this kind of thing quite a lot and are geared up to get rid of people.

Regarding the second point, you have 3 months in which to find a job - as somebody else has said, be positive and focus your energies on this.

And the final point, what is the point ? - do you want to spend the next 3 months fighting this, being negative and spending money on solicitors only to find that you are 3 months older, with no job, and no money ?

Hugomac

Similar happened to me but on a smaller scale, i am a manager of a bar for again a well known company in the UK.

On Monday had a meeting with Area Manager who gave me my months notice to leave the company told me not to bother working it, got letter in this morning, saying that my contract was terminated on Monday 20th Feb, i have been paid my usual salary, plus a months notice plus any holidays owed,

Stayed angry all day monday, tuesday and most of wednesday, but now need to focus on one priority. Getting a job!

Hopefully Karma strikes one day!

HiMyNameIsLauren

Ouch, typical American way unfortunately. They take no prisoners... well, unless your name is Chris Tappin.

I don't believe you have a case here, but more to the point, under these circumstances, I hope a reference still comes through well. However, any new employer worth their weight in gold will know the MerryCans roll.

Oli2k

sorry to hear you don't have a leg to stand on, best of luck for the future

euronorris

sebtomato wrote: »

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.

Have you heard anything further from them? Have they provided the written confirmation yet?

If not, you could always try requesting another meeting with them and either take someone with you, or ask to record the conversation. You could request this on the basis that it came as big shock, and you are unclear on some points, in particular the reason for dismissal.

But further than that, your best bet is to speak to an employment lawyer about it. I totally understand your desire to stand your ground, and defend yourself (if possible). But be prepared, it isn't an easy path to walk.

Good luck!

sebtomato

Actually, they took a week to send a written letter, and my contract states that I should be given notice in writing. Notice was received within one year of service (including one week statutionary notice), so their attempt to dismiss before one year failed, and they are now exposed to unfair dismissal.

For some reasons, they thought they were clever, but then waited a week to send a letter, and missed the deadline!