Dismissal on performance grounds

Snakey

Deleted, thanks for the help.

Undervalued

They can only legally sack you without notice for gross misconduct (e.g. theft violence etc).

For a performance issue they must either let you work your notice or pay you in lieu if they want you to leave immediately.

Either way they must either let you take any accrued holiday or pay you for that as well.

Snakey

Deleted

Undervalued

Snakey wrote: »

Thanks - that's a real weight off my mind.

So all I'm really losing (compared to the various alternative - friendlier - ways of getting rid of someone whose face no longer fits) is statutory redundancy pay or a pay-off to leave quietly under a compromise agreement? Which isn't insignificant - I've been there for 14 years - but the bulk of any payoff was always going to be the pay in lieu.

No its not!

Technically it is a POST not a person that becomes redundant. If so, and the post holder has worked for over two years, then the state lays down a minimum formula to legally pay them off.

If the job still needs doing but they just don't want you doing it than that is not redundancy. If they claimed it was then you may well have a valid unfair dismissal claim.

Snakey

Deleted

ohreally

Snakey wrote: »

they went down the route of saying (in essence) it's my fault I haven't got enough work and therefore it's a performance issue.

Your perspective may be somewhat one-sided and and narrow.

Did you put your contentions to the employer during the hearing?

Edit: why have two threads essentially the same?

ohreally

You need to focus your thoughts on how to respond and how to handle the appeal. Justice should be proportionate and without knowing the facts it will be difficult to comment.

Is there a union on site?

Snakey

Deleted

pmduk

Do you have a legal add-on to any of your insurance policies? They might be able to give you more information/support.

jobbingmusician

Snakey wrote: »

Thanks - that's a real weight off my mind.

So all I'm really losing (compared to the various alternative - friendlier - ways of getting rid of someone whose face no longer fits) is statutory redundancy pay or a pay-off to leave quietly under a compromise agreement? Which isn't insignificant - I've been there for 14 years - but the bulk of any payoff was always going to be the pay in lieu.

Well, that and I am not expecting the next few weeks to be much fun while they put me through this micromanagement process, although it's all life experience I suppose and there's no benefit in being bitter.

Definitely no misconduct type issues. I think it is possible to be summarily dismissed on performance grounds if you drop a sufficiently large gonad, but that's nowhere near what's going on here - there's no suggestion that I'm not technically competent.

I'm making sure I take all the holiday I'm owed while I can. I had some booked already and there's been no mention of rescinding it.

Ummm no.... the most important thing you are losing [potentially] is a good reference. This can be worth rather a lot. Since you believe they want rid, might it not be worth suggesting that you go quietly in return for an acceptable one?

BTW, they have to pay you for your holiday if you don't take it, so (depending on your financial position) don't be too enthusiastic to use it all up!

Undervalued

jobbingmusician wrote: »

BTW, they have to pay you for your holiday if you don't take it, so (depending on your financial position) don't be too enthusiastic to use it all up!

Technically that only applies to the statutory minimum holiday of 28 days a year.

If the OP gets more than this then the firm can attach whatever conditions they like to the extra including losing any remaining on resignation or dismissal.