unfair dismissal due to whistleblowing

KiKi

hen12y wrote: »

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

No, it is not proper. They are dismissing you, not 'just not renewing' your contract! I suspect the 'reason' they would claim is redundancy. But as mariefab said, you need to ask for the reason in writing, as this forms the basis of any claim you may want to take further.

Out of interest, though, is it possible your role is becoming redundant? Is the work lessening or changing? Have they given any indication of this beforehand? It's not difficult to manipulate a redundancy if they needed to. But if this is the case, there are procedures around that such as consultation and looking for alternative roles etc that mariefab outlined. Does the letter mention redundancy payment (I suspect it doesn't!)?

And what do you want out of this - to keep your job? Or do you want to go and then look at unfair dismissal? Because if it's the former, I wouldn't be taking a legalistic approach, as it will make it very very difficult to stay in your role.

How large is the company? Do they have a proper HR department? (Again, guessing not...)

patman99

Well, you have 30 days to stand your case (and to 'accidentally' contact the UKBA about the illegal worker).

Worriedstepmum

martinthebandit wrote: »

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.

So you are suggesting he blackmail the company into keeping him on then?!

zzzLazyDaisy

This advice sheet might help:

https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

hen12y

OK, bit more interesting and a bit underhand in my opinion really. They have actually offered me my job back, but on 40% less basic salary than what I was on in the first place. Granted they are offering me the possibility of making more in commission so the overall package could possible be the same or even possibly more. but a 40% cut to basic is pretty extreme.

there is a clause in my contract which states that if i under perform they are able to dial my salary back, but basis my current level of performance they would not be able to drop it more than 5%. Saying that they could make any reason up if it went legal.

I'm thinking more along the lines that they want me to resign

mariefab

Did they present this offer in writing?

martinthebandit

Worriedstepmum wrote: »

So you are suggesting he blackmail the company into keeping him on then?!

'Blackmail'? Not at all, but from reading between the lines of the OP I suspect it would do no harm to make it clear how things are likely to play out.

hen12y

mariefab wrote: »

Did they present this offer in writing?

i'm expecting it in writing tomorrow. Id rather not question it until received.

mariefab

Wise move.

For now, make sure to keep safe, or acquire, the following:
1. A copy of the email you sent querying the 'visiting' employee's eligibility to work in the UK.
2. Your written recollection of the phone conversation when you were told not to put anything about the visiting employee in writing.
3. The letter giving you 30 days notice of the non-renewal of your contract.
3. A copy of the email from your bosses boss praising your work ethic and saying you'll be missed.
4. A copy of your request for reasons for your dismissal.
5. Your recollection of the details of the latest 'offer'.
6. Any previous appraisals or other documents indicating satisfaction with your performance.
7. Any evidence that they are, or have recently been, recruiting (in case they change tack).
Make sure to note the relevant dates and persons involved where appropriate

It's likely that your next step would be a formal grievance, encompassing all of the above, while you continue to work normally but under protest of the proposed contract change.
If not upheld, an appeal.
If this fails you could claim unfair dismissal and whistle-blowing detriment at an employment tribunal; again while continuing to work there.

hen12y

OK here we go, this is what i now have:

1. letter stating my rolling contract is not to be renewed after 2yr 3mo, no reasons given, no compensation mentioned, completely out of the blue. Completely clear employment record to date, no disciplinaries, no nothing.

2. email from the bosses, boss praising my work ethic, saying i'll be missed

3. email i sent 1mo before contract termination letter received questioning the employment status of the new hire

4. proof they employed someone last month (above) on my desk and are still hiring

5. recorded phone conversation with compliance officer saying how uncomfortable they are putting anything in writing about them

6. email withdrawing the termination letter, and offering me a 40% pay cut in basic

7. performance figures showing i should actually be due for a 5% pay rise, minimum

I am still in the office, still working, have only received the letter in 6. today

on the surface i believe i have case for unfair dismissal due to whistleblowing due to the 'termination' and constructive dismissal due to unreasonable changes to my contract.

going to try and speak to acas tonight, not sure what my next steps should be...