HELP_Under 1 year service, dismissed unfairly.How can I raise to tribunal?

Carol01234

I was fired by the employer in London after 11 months of service, due to 'poor performance'. I think the dismissal was unfair. However, I cannot claim 'unfair dismissal' as I was employed under 2 years. I would like to know

1. if there is any other ground that I could claim

2. I am a non-EU national. May I claim on racial discrimination?
There is another girl of the same race in my team has been put on the 'Performance Improvement Plan', while she told me that she has done nothing wrong.

I am not sure whether this is a valid claim since there is no direct racial discrimination. While can I claim it and request my employer to prove there is no racial discrimination?


Below are the key facts:

1. Why I am fired
- Employer dismissed me due to 'poor capability/performance'

2. How to measure 'poor performance'
1) - My job was project based. I worked with different people on each project I received a review after each project (5 rating means that I perform well, while 1 the worst).
- Out of 9 reviews I received, there are two '2 ratings', which means 'below expectation'. Other ratings are mostly 3, with one of the 4 rating, meaning strong performance.


2) - After I received the first 2 rating, my employer put me on a 'Performance Improvement Plan' and helped me to improve on a few areas. Those areas are quite subjective, for example they thought I need to improve on 'communication', however I received a mix of feedback on my communication skills, with the vast majority being positive.
- I tried my best to 'improve' on the points mentioned on the 'Performance Improvement Plan', mainly to get some written evidence on the 'improvement points'.
- However, I received the second 2 rating after being on the 'Performance Improvement Plan'. This is the key fact that leads them to think that I haven't improved.

3. Why I think it's unfair
1) I asked employer if their decision solely based on the reviews I received. They said 'NO'. Apart from the reviews, they also compared me in the wider peer group and they thought my performance was at the bottom.

However they cannot provide any evidence on how they compare me against the peer group.

2) I strongly disagree with the second 2 rating I received and I think it shouldn't be taken into account. The review was on 4 attributes. During the course of the project , I actively checked with my senior colleague on what I should improve. She only mentioned one attributes and I improved on that.

While in the final review, she mentioned that I performed very poorly on the other 3 attributes whereas 1 was totally wrong and the for other 2, she has never mentioned to me.

I raised my disagreement with this 2 rating in the final internal hearing while the Partner still chosen to believe the senior colleague as 'she is very experiences'.

3) I have colleague who have two or three 2 ratings still work at the firm.





Any advice would be greatly appreciated!

cazziebo

I can understand why you feel unfairly treated but from what you've said , I don't see you have grounds to appeal. Just being a different race, religion, sexual orientation doesn't automatically mean there has been discrimination. The company has said it's a performance issue and as you have been on a performance improvement plan then that's the reason for dismissal.

Best to move on.

BJV

TBH I am not a HR specialist but have to say really do not like the fact that even though there is no evidence of racial discrimination you are assuming that you with dismissed because of it.


It could just be that you where the wrong person for the job. Sorry !


I really hope that you find a new position but please and I really do not wish to offend you but not everything is about race, or ethnicity.


Again I stress really hope you find a new job.

Undervalued

Carol01234 wrote: »

2. I am a non-EU national. May I claim on racial discrimination?
There is another girl of the same race in my team has been put on the 'Performance Improvement Plan', while she told me that she has done nothing wrong...............


...........3) I have colleague who have two or three 2 ratings still work at the firm.

To be honest I think you will struggle.

You would need to show

a) That there actually was discrimination

and

b) That it was on one of the prohibited grounds such as race.

Remember that an employer can discriminate in any way they like except for the few grounds prohibited by law (race, gender etc).

Generally speaking how somebody else was treated is irrelevant. Also, what evidence (in the legal sense) do you have that this person was treated differently and can you prove that this was at least partly due to race? I suspect not.

Finally, the employer was under no obligation to provide any reason at all for your dismissal. Indeed they would normally be advised not to in order to lessen the chances of the very type of claim you are considering. Do you have these reasons in writing? If not I imagine they will magically evaporate.

Sorry, but I think you would be best to move on.

InsideInsurance

The normal approach is to throw as much mud as possible in the hope that something sticks hence why you always see in the press that people add sex, race, age and sexual orientation discrimination if they are ever anything other than IC1 middle age straight man.

The reality is you've less than 2 years service and so they can get ride of you easily. With no hard evidence of discrimination you'd be on exceptionally thin ice in going forward with any kind of argument on that basis.