employment terminated with a weeks notice despite my contract saying i need 4 weeks

gem1978_2

Hi,

I was called into a pre-arranged meeting yesterday where they warned there is a chance of being dismissed and in the meeting they said they have decided to terminate my employment. This is because of excessive time of sick and an apparent drop in quality of my work. I don't agree with either but they said my contract will be terminated 1 week from then and there is no chance of an appeal.

I had been there over 4 years so I was expecting to have at least 4 weeks notice but they say no.

I have been offered a bit over 4 weeks pay if I sign a settlement but that would stop me from any external legal action. Don't want to sign that as feel bullied by them and signing it would mean i agree with the lies they said about me.

Can they do this?

Is it true there can be no right to appeal?

It is a company with about 2000 employees.

I would of expected to get 4 weeks notice and a right to appeal the decision,

Thank you

spacey2012

They are wrong on all points.
Firstly you have to make use of the companies own appeals (grievance) system, which is an appeal and the right of appeal to the decision.
You need to cover all the points including about the notice period and lack of warnings and disciplinary procedures.
They can give you no notice and say walk now, but they must pay you the contracted notice pay, as in this case 4 weeks.
Treat the grievance procedure as fact finding for a tribunal case.

gem1978_2

Thank you for your reply.

What happens if I don't sign the settlement? Will they have to draw up a new one to insure i get the 4 weeks pay?

I only have a week to decide on the settlement, and its bad timing that it happened late on on Friday as everything is closed until Monday and cant sleep

getmore4less

tell them they need to offer more than you are legally entitled to before you can consider any settlement for an unfare dismissal.

don't tell them what you think you shoul get.
4 weeks notice
accrued unused holiday(it accrues while sick)

jobdone1

A pre arranged meeting IS NOT FORMAL NOTICE IN WRITING OF DISCIPLINARY ACTION REGARDS ATTENDANCE AT WORK. They have to give you the right to be represented at the formal hearing. This is not some cosy pre-empted pre arranged meeting. You are being unfairly treated and not allowed to defend your corner. Seek advice urgently either a union rep or an outside body. Remember you have four years service so you have employee rights.

gem1978_2

getmore4less wrote: »

tell them they need to offer more than you are legally entitled to before you can consider any settlement for an unfare dismissal.

don't tell them what you think you shoul get.
4 weeks notice
accrued unused holiday(it accrues while sick)

Well they are offering more than im legally entitled to and it is tax free so works out almost double.

Am I being unreasonable either wanting significantly more than that or the legal amount the right to appeal the decision?

gem1978_2

jobdone1 wrote: »

A pre arranged meeting IS NOT FORMAL NOTICE IN WRITING OF DISCIPLINARY ACTION REGARDS ATTENDANCE AT WORK. They have to give you the right to be represented at the formal hearing. This is not some cosy pre-empted pre arranged meeting. You are being unfairly treated and not allowed to defend your corner. Seek advice urgently either a union rep or an outside body. Remember you have four years service so you have employee rights.

They did say I could have a union rep or other worker, but there is no union and I didn't want to share this stress with a friend at work, maybe that was stupid.

dottodot

You sound like you are considering accepting the settlement - others, please correct me if I'm wrong, but I think they are obliged to pay for you to have the agreement that you might sign checked by a solicitor (who is acting on your behalf). Also, before signing anything, discuss and agree with them what they will say in future if asked for references for you - I think that this is your opportunity to get them to agree to something that wouldn't be damaging to your future employment (even if it is something bland).

Just wanted to make the above points quickly so you don't miss the opportunity, but overall would echo the points already made above - your employer doesn't sound to me as though they are being fair, and don't seem to be offering you much above the 4 weeks you're entitled to anyway, to make it worth your while signing away your rights to any legal comeback. You need to get some expert advice - I'd suggest the ACAS helpline as a starting point? (Haven't used it myself - others may know better?)

gem1978_2

Yes I am considering it, i've felt bullied at work and every aspect of my life has been affected massively - especially my health. So would be nice to just sign and disappear, but don't want to be walked all over and would just be giving in to them. Think i might regret it in 6 months time.

It does work out double what I'm legal entitled to as its tax free.

It is quite alot less than they were giving other people for voluntary redundancy.

They have left me in a state where I don't feel ready to walk straight into another job. I know they are not my mother so maybe i'm being too demanding and needy.

Thanks will call ACAS.

dottodot

Hope you get some good advice for it all - its tough to know what's best to do in these circumstances... good luck!

Takeaway_Addict

Are you off sick now then and have you been off sick for a substantial period because being off for small periods over a year wouldn't normally allow dismissal to be fair.