unfair dismissal due to whistleblowing

hen12y

Dear all,
I have been employed by my present small financial firm for two years and three months now, on a rolling 3 month contract. They have just informed me this is not to be renewed. Paraphrasing, that is pretty much the wording in the letter they handed me. No prior notice was given, there have never been any bad marks in my file etc to all intents and purposes I'd say I was a model employee. No mention of compensation was in the letter also.

The firm are still hiring people and they took an extra member of staff on my desk just one month ago from the US. This employee doors not have a work visa for this country. We are owned by an American firm and they employed him from a competitor in the states. They have him here in the guise of a visiting employee from the States on an extended business trip, but he has been registered here with the FSA as like me he sells financial products and is a full time member of the London office in all but name.

I questioned this with or compliance officer, who is also the ovoveral boss of the firm as we're smal in an email . They then called me back on a recorded telephone line and told me not to put anything about him in writing again...

I believe they've made me redundant
I believe they haven't followed any dismissal procedures let alone proper ones
I believe they have very probably dismissed me for blowing the whistle

Please help!

mariefab

I'm not sure exactly what you mean by 'a rolling 3 month contract'.
I'm guessing that it means that your original contract stated that is was for a fixed 3 months and throughout your employment with this Company they've indicated at 3 monthly intervals that your employment will continue for another 3 months.
So, you've effectively been on a fixed term contract that has been renewed several times.

If this is the case and you've been continuously employed for 2 years and 3 months; it appears that you've been unfairly dismissed.

Failing to renew a fixed term contract at it's end is a dismissal.
But it isn't a reason for dismissal.
In order for the dismissal to be fair, more is required i.e. a fair reason.
For example:
1. The Company no longer needs someone to perform your role.
If they're still hiring staff to perform the same sort of role as yours, redundancy isn't likely to apply.
But if it does a process is still required, even if it's a short one, and you would be entitled to at least statutory notice, redundancy pay and any accrued untaken holiday pay.

2. You were employed to perform a specific task/project which is now complete.
Unlikely again, because you would have been dismissed (fairly) after the first 3 months.
Some employers believe that staff on successive short fixed-term contracts have less employment rights than other employees. As if the clock restarts at each renewal. They are often wrong.

3. The Company has a problem with your performance/conduct.
You could be right in thinking that because you queried that they appear to have (unlawfully) employed someone who is not eligible to work in the UK, they want rid of you.
(Do you have a copy of your email?)

You are entitled to written reasons for your dismissal.
I suggest that you simply ask for this in writing.

Unless you are confident that they won't manufacture a legitimate reason for dismissing you (an easy thing to do with 5 minutes and a little imagination), I wouldn't suggest that you give them a heads up on their mistakes to date.

hen12y

migglewan wrote: »

You are on rolling contract. They have followed correct legal protocol in removing you by refusing to renew your contract. It's not redundancy since you're not a permanent employee.

I don't believe this is correct after doing my own research.
gov.uk/fixed-term-contracts/employees-rights
Part 2, half way down: Anyone who’s worked continually for the same employer for 2 years or more has the same redundancy rights as a permanent employee

to clarify what i mean by a rolling contract, my contract states:
Unless otherwise notified in writing by either the Firm or the Employee thirty days prior to the expiry of the Initial Term (or a Renewal Term as applicable) that a party no longer wishes to continue with the employment, the Initial Term (or a Renewal Term as applicable) shall be extended for further 3 month terms (each a "Renewal Term") on the terms and conditions contained in this Agreement.
- and this has automatically renewed without breaks for 2 years 3 months. I have just been informed that this will be the last time it renews

i'll start by asking them for written reasons for terminating it, might be a bit difficult for them though as my bosses boss has just sent me an email praising my work ethic and saying i will be missed...!

Pete111

Mariefab has given excellent advice above.

As an aside however, if you have 2 years 3 months employment you actually had full employment rights after 1 years work.

The change in law to lengthen the unfair dismissal claim period came into being in April 2012 BUT did not affect those already employed (as you state you were)

In your case therefore, your fixed term contract for all intents and purposes became permenant after 1 years continuous service. After this point you have the same employment rights as other staff. Ie you cannot be dismissed without cause (ie redundancy, poor performance etc) and you can claim UD.

I suggest also that you ask for clarification and let us know what they say. (and yes, the UKBA would also be very interested in your American colleague..)

Pete111

migglewan wrote: »

You are on rolling contract. They have followed correct legal protocol in removing you by refusing to renew your contract. It's not redundancy since you're not a permanent employee.

I was accused of being you on another thread Migglewan. I shall now help disprove that by stating that I disagree with your assertion here.

Bearing in mind the OP now has (and has had for some time) full employment rights the fixed term aspect of his employment is basically null and void - ultimately he must now be given a legitimate reason for dismissal.

BTW - This is not to say many companies do not use long term FTC's to try to effect flexibility...it's just that their stance can fall apart quite quickly if challenged by an unfair dismissal claim!

hen12y

so, regardless of the type of contract because of the length of time served I have probably been unfairly dismissed, as they would struggle to prove redundancy. its just comes down to weather it is plain unfair dismissal or due to whistleblowing? especially as I have a spotless service record.

going to have to wait till next week for a response with regards to reasons from them

mariefab

Yes, that's right.
Also, if they claim redundancy, it then becomes a question of why there was no process; at risk notice, consultation, other staff in the pool, search for possible alternate roles etc.
If they suggest that it's connected to your fixed term status, there's another potential claim there.

Make sure to keep copies of any documents/emails.
If they respond to you verbally follow it up with a written summary of the conversation adding a little query (even if it's just, 'Have I understood you correctly?') and keep a copy of that.

spacey2012

If they are to let you go, you might as well tip off border and immigration and have the satisfaction of a birds eye view from your desk as they raid the place.

KiKi

migglewan wrote: »

You are on rolling contract. They have followed correct legal protocol in removing you by refusing to renew your contract. It's not redundancy since you're not a permanent employee.

No, no, no. OP, please ignore the advice above.


As others have said, you were employed before April 2012. As you have more than one year's service (I assume you had no breaks of service), you have the SAME protection as 'permanent' employees, and dismissal can only be for a lawfully fair reason.

Do not give them any hints that they've screwed up here. As mariefab advises, ask for confirmation, and get *everything* in writing, and forward the emails to yourself (in case they mysteriously go missing later).

Does the letter you've received give you notice, or is it dismissing you as of today?

hen12y

kiki, the letter I received advises me that the company will not be renewing my contract, consequently as per the contractual terms the company gives me 30 days notice prior to the end of my last renewal term.

I assume this is propper, however all the reasons and procedures are not

martinthebandit

I would be speaking to the compliance officer you spoke to originally and ask them if there is any way the company could be persuaded to change its mind and maybe even give a permanent contract.

I would also drop in the conversation how loyal you have been by not bubbling them yet, and mention of course that once unemployed your sense of loyalty to the company would be non-existent.