Can anyone help me with this? Unlawful dismissal?

NickAnnies

Hi guys

I was given dismissal by an employer on 23rd December 2013, but if you read the email below that I have sent, I wonder if this dismissal was lawful? Can anyone here advise please?

Thanks

Nick

=======================
Hi xxxxxxxxxxxxxx


Thanks for your reply.

My understanding is the payroll runs from 25th to 25th of each month. My December payment does not reflect a five week payment, which would have been the final week in November plus a full month in December.

In the letter it is stated that the 2nd Jan 2014 would be my final day, so is this not owed?

There are some other anomalies:

The so called '6 month probationary period' referred to in the dismissal letter was never discussed either verbally or by letter. I was never aware of a probationary period, and certainly not a 6 month one. I find this highly irregular.

The reason given for dismissal in the letter does not correlate with the reason given verbally during the exit meeting, that is, your statement that it was not a 'reflection on my ability', rather that you had chosen a change in strategy and would choose outsource such work to agencies.

The letter sites that my 'skills not in line with company requirements'. Surely if this were the case there would have been some mention prior to a full dismissal, such as a discussion to highlight this and give me an opportunity to rectify whatever the issues were. Then a verbal warning would be issued, followed by a written warning. Since none of this ever took place between myself or you, or between myself and XXXXXXX, it seems unlawful to dismiss me based on the reason given in the letter.

Another anomaly is that I was never given, nor did I ever sign a contract of employment, even though I made several request to read and sign one (with xxxxx and xxxxxxx). Was I even legally employed with XXXXX XXXXXXXX, or simply a contractor whom you could bin off at any time?

In light of these facts I'd ask you to re-consider my severance pay entitlement, before I take further action to explore the legal grounds based on the facts above.

Regards

===============================

marybelle01

NickAnnies wrote: »

Hi guys

I was given dismissal by an employer on 23rd December 2013, but if you read the email below that I have sent, I wonder if this dismissal was lawful? Can anyone here advise please?

Thanks

Nick

=======================
Hi xxxxxxxxxxxxxx


Thanks for your reply.

My understanding is the payroll runs from 25th to 25th of each month. My December payment does not reflect a five week payment, which would have been the final week in November plus a full month in December.

In the letter it is stated that the 2nd Jan 2014 would be my final day, so is this not owed?

There are some other anomalies:

The so called '6 month probationary period' referred to in the dismissal letter was never discussed either verbally or by letter. I was never aware of a probationary period, and certainly not a 6 month one. I find this highly irregular.

The reason given for dismissal in the letter does not correlate with the reason given verbally during the exit meeting, that is, your statement that it was not a 'reflection on my ability', rather that you had chosen a change in strategy and would choose outsource such work to agencies.

The letter sites that my 'skills not in line with company requirements'. Surely if this were the case there would have been some mention prior to a full dismissal, such as a discussion to highlight this and give me an opportunity to rectify whatever the issues were. Then a verbal warning would be issued, followed by a written warning. Since none of this ever took place between myself or you, or between myself and XXXXXXX, it seems unlawful to dismiss me based on the reason given in the letter.

Another anomaly is that I was never given, nor did I ever sign a contract of employment, even though I made several request to read and sign one (with xxxxx and xxxxxxx). Was I even legally employed with XXXXX XXXXXXXX, or simply a contractor whom you could bin off at any time?

In light of these facts I'd ask you to re-consider my severance pay entitlement, before I take further action to explore the legal grounds based on the facts above.

Regards

===============================

Apart from possibly still owing you some money or holiday pay, which you have rightly asked about, it's a shame you sent the letter before asking for advice because you have done nothing but show them that you haven't a clue what the law is! Before threatening to "explore legal action", you should make sure that your threats hold water.


You can be dismissed at any time for almost any reason for your first two years of employment. Probationary periods are irrelevant so it doesn't matter whether you had one or knew about it - they can still sack you. Therefore they can give any reason they want (or none - for the first year of employment you are not even entitled to a reason for dismissal). They don't have to give you warnings or even follow a disciplinary procedure unless it is contractual (and it rarely is, but even then - it's worth nothing much). They should have issued you with a statement of main particulars, but you can't make a legal claim for that unless you add it to another claim (which you currently don't have one to add it to).


Basically, except for discrimination and a few other bits, any employee can be "binned" during the first two years. If you haven't sent this, it might be a good idea to tone it down - the only purpose of a threat is if you can make it good, and you can't - assuming you want a reference of any sort?

ableandy

If you are owed wages then you could take them to a tribunal for illegal deduction of wages but consider that you may have to pay for the tribunal this could be costly.

Make sure you check your facts and then ask nicely. Don't be aggressive and don't make idle threats, you will just make things more difficult.

Were you in a Union - ask them for some advice

DaveTheMus

Hopefully you haven't sent that email because it makes you look quite foolish.....

Regarding the owed wages, you might get the week and a bit on the pay date in January...

You can be let go very easily in the first 2 years of employment I'm afraid...

Next time, research then correspond is the correct way, not what you have done.

fosco360

Definitely escalate!