Settlement for Unfair Dismissal

Teenes

Hi after advice please. I've spoken with ACAS who feel I have a good case for unfair dismissal

Been employed for just over 3 years in a recruitment role with no record of any disciplinary or warnings etc. individually my team had informal 'chat' 2 weeks ago with Business Manager to discuss performance, pipeline billings etc. No notes were made, no targets set, no review date.

On Friday at 5.20pm I was asked if I 'had a minute'. On way to meeting room was general chat about the week, I explained all was good, got interviews and placements lined up. In meeting room I was then told he had just received an email from the two Directors to say my performance was not were it should be and they had decided to put me on garden leave!

I was gobsmacked as no disciplinary procedure has been followed, no warnings. Asked him how long he had known this was an option and he said just now in an email (very unlikely as he's not the best manager).

I questioned how they can do this without warning. Twice he stressed I would be paid garden leave.
Told him I wasn't happy with how it had been handled, then he mentioned to me performance management as an afterthought, after dismissal, surely if this was an option it should have been before dismissal:mad:

Anyway questioned what it entailed 'not really sure but can find out'. Asked how long it lasted 'unsure (shrugged shoulders) maybe 1-2 weeks'

Total farce

I offered to come into office on Monday but twice was told he will email me, just call if any questions. So basically took decision no point in going in and let them know to email if need me. Also requested copies of contract and disciplinary procedure


Emailed HR Director on Saturday to say unhappy with situation and she emails saying no idea I had been dismissed, wants to meet informally tomorrow

ACAS are shocked that no procedure has been followed and say I'm in good position for a settlement

Question is, what do you think I coukd negotiate?

skintpaul

Do you want to go back there? If not, aim to hurt them as much as possible, financially. Then go to the press.

They might think again, about treating staff poorly.

Takeaway_Addict

skintpaul wrote: »

Do you want to go back there? If not, aim to hurt them as much as possible, financially. Then go to the press.

They might think again, about treating staff poorly.

If there is a settlement agreement then there will be a confidentiality clause so the OP will be unable to go to the press.

maninthestreet

So you are on garden leave now, and have not been to work today?

Teenes

Thanks for replies. No don't want to go back after this.

Not been in today, classed as garden leave now

I've heard that the manager in question has told my team it was my decision as he offered me choice between garden leave or the so called performance management that he knew nothing about!

Undervalued

Teenes wrote: »

ACAS are shocked that no procedure has been followed and say I'm in good position for a settlement

Question is, what do you think I coukd negotiate?

Keep in mind that, at the first level, ACAS are just a call centre staffed by people with limited training. It is no substitute for proper legal advice. At higher levels, if they actually become formally involved (as they will if you make an unfair dismissal claim) they are somewhat better.

Also keep in mind that there are no longer statutory procedures which must be followed to the letter, just guidelines and a general requirement to follow a fair process.

Further there are no longer automatic awards for technical failures.

Moreover the average award for unfair dismissal is FAR less than most people think, around £6K.

Finally there are fees to pay to make a claim which can cost up to £1200 (if it goes the distance) and these are hardly ever awarded as costs even if you win hands down.

That said, you may well have a decent case but take proper advice.

Teenes

Further update, apparently he told my colleagues he had warned me several times about billings. But there is nothing on file whatsoever to back this up!

Just looks like he's trying to justify his actions but nothing to back it up. No appraisal, performance plan or review, nothing.

Do I still have a leg to stand on if he's now saying this?

Undervalued

Teenes wrote: »

Do I still have a leg to stand on if he's now saying this?

Quite probably.

An employment tribunal (if it gets that far) is, like any civil case, decided on the balance of probability. So you don't need proof only enough evidence to convince them 51%.

Teenes

I'm hoping tomorrow that we can discuss a settlement, any idea what I should start with £ wise?

Teenes

Also in my favour hopefully is that I got offered a very good position in September with another company, but they massively counter offered and persuaded me to stay. So I can be that bad lol

Takeaway_Addict

Ask them for an offer first, you never know it might be more than you were hoping for and then of course squeeze some more out of it.