Does my employer have the right to terminate my contract this way?

vb3d

As my contract states, I need to inform my employer if I won't be coming to work.
I did this few times in few weeks, and one morning when I went to work I found my manager waiting for me with termination of employment 2 weeks notice, and also told me to go home and think about whether I want to come to work or not in the coming 2 weeks, is this legal?
The reason they specify is that the found that I am unsuitable for the position, where I finished my probation period few months ago and was told many times that I am doing very well and progressing

tomtontom

For what reason did you not go to work a few times in a few weeks, how many days does this amount to? You do realise that's not generally how it works?

Assuming you have been there less than two years they can dismiss you without reason and with the relevant notice (usual exclusions - discrimination etc - apply).

fed_up_and_stressed

Yes as you have been there under two years assuming the reason for your absence is not disability related.

(Note- employers can still dismiss disabled employees for reasons related to disability however need to show reasonable adjustments have been made before going down this route).

BoJangles_2

Probationary periods set by the company is usually the time period they expect you to be up and running in the role, the actual probationary period set by law is 2 years.

agrinnall

I think anyone not turning up for work a few time in a few weeks could expect to be on the receiving end of a disciplinary, and under 2 years it could well be easier for the employer to just issue a P45. Here's a tip for you: in your next job, take attendance a bit more seriously.

top_drawer_2

Let me clarify: You've been told throughout your probation you're doing fine, but then at review informed that they believe that you are unsuitable for the position. As a result of which, you have become demotivated and feel betrayed / lied too or misled (possibly wrong-footed) that their unhappiness with your work wasn't mentioned - is this correct?

Savvy_Sue

As I have said to some of my colleagues recently, there are two sides to a contract. You keep turning up, we'll keep paying you.

On the one hand, if we want to stop paying you, we'll ask you to stop turning up. If you stop turning up, that's one sure-fire way of us not wanting to pay you any more.

Mersey_2

Repeated failure to attend without reason could be deemed gross misconduct (although it's usually limited to arson, assault or theft).


There still needs to be a disciplinary process. Ideally you would have been informed in writing of a future disciplinary meeting due to your non-attendance.


Obviously we don't know the size of the firm, whether you have any disabilities and so on.


PILON is the very least you are owed and so it is now your choice whether you wish to work your notice. Although them specifying you are not suitable, but then giving you the choice to work your notice period seems odd.


Check the contract again and any staff/company handbook for the disciplinary process (if any). It's amazing how many companies do not realise they need to have a policy. You are afforded limited statutory protection in terms of employment law (Acts of Parliament) and developing domestic and EU-wide case law covering workers. From what you say it sounds as if you have been employed only a few months and so you won't yet possess full employment 'rights' or redress in terms of a Tribunal. Breach of contract can be challenged in the County Court, but I wouldn't advise this without seeking advice from a CAB or employment law practitioner.

stevemLS

Mersey wrote: »

Repeated failure to attend without reason could be deemed gross misconduct (although it's usually limited to arson, assault or theft).

There are many other forms of misconduct which are capable of being regarded as gross misconduct.

Undervalued

Mersey wrote: »

There still needs to be a disciplinary process. Ideally you would have been informed in writing of a future disciplinary meeting due to your non-attendance.


Obviously we don't know the size of the firm, whether you have any disabilities and so on.


PILON is the very least you are owed and so it is now your choice whether you wish to work your notice. Although them specifying you are not suitable, but then giving you the choice to work your notice period seems odd.


Check the contract again and any staff/company handbook for the disciplinary process (if any). It's amazing how many companies do not realise they need to have a policy. You are afforded limited statutory protection in terms of employment law (Acts of Parliament) and developing domestic and EU-wide case law covering workers. From what you say it sounds as if you have been employed only a few months and so you won't yet possess full employment 'rights' or redress in terms of a Tribunal. Breach of contract can be challenged in the County Court, but I wouldn't advise this without seeking advice from a CAB or employment law practitioner.

Actually that is no longer strictly true.

To protect themselves in the event of an unfair dismissal claim (assuming the employee has more than two years service) an employer needs to conduct a fair process. The easiest way to do that is to follow the ACAS guidelines. However they are merely guidelines and some alternative process may also be fair. Statutory procedures no longer exist.

FBaby

As my contract states, I need to inform my employer if I won't be coming to work.

Are you interpreting this to say that as long as you inform them that you are not coming to work, you are within the requirement of the job? Surely you understand that this is only ONE requirement, but that you need to fulfill the others, the main one being you have a good reason to be off?

Of course you are unsuitable to the job if you keep going off and the work therefore doesn't get done!