Unfair dismissal after 22 months

Ehi

hello guys,

I was employed a software developer for a new startup project and hit the ground running with my new team. However the parent company was asked to "HANDS OFF" my company, by the equalities commission UK, as they purchased too many companies. 12 months later we were bought over by another global company. and the new startup project was totally abandoned and team reduced from about 20 to 6, amongst many other cuts

Hence my job spec changed, Now I was then asked to fix bugs (defects) vs building novel software 

(i)  Thats like job change from building a NEW sky scrapper from ground up ( with the lastest tech)

vs 

(ii) to looking for reasons for cracks in the OLD EXISTING sky scrapper ( Old legacy tech ) or like looking for mouse in an old mighty creeky mansion

 Obviously the latter, ie Item (ii) being a headache, resulting to a few spill overs of deadlines 

Kindly note: When I had the spill overs, my team mates (Who had been there 10 years and 6 years respectively) got involved, as the spill overs were complex and there were a few notable spill overs that no one found a fix. Hence parked

UNFORTUNATELY: The top IT boss, called me, last week, and told me I was under performing and fired me asap, and escorted me out of the building, ensuring I spoke to no one, to the shock of my team mates, and he took my ID card, laptop etc and said HR would email me

PRIOR TO THAT

1.  Its worthy of note, 2 months prior:  I got a letter from finance saying my performance was quite impressive and rated as 80% and would get 1% company bonus, which came to £1,600 addition to my salary

2. I always got praise during my 1-2-1 sessions ( and no concerns) from my immediate boss whatsoever

According to law I cant apply for unfair dismissal, as I have only been there for 22 months to date, so what can I do ?

many thanks

E

Marcon

Ehi said:

hello guys,

I was employed a software developer for a new startup project and hit the ground running with my new team. However the parent company was asked to "HANDS OFF" my company, by the equalities commission UK, as they purchased too many companies. 12 months later we were bought over by another global company. and the new startup project was totally abandoned and team reduced from about 20 to 6, amongst many other cuts

Hence my job spec changed, Now I was then asked to fix bugs (defects) vs building novel software 

(i)  Thats like job change from building a NEW sky scrapper from ground up ( with the lastest tech)

vs 

(ii) to looking for reasons for cracks in the OLD EXISTING sky scrapper ( Old legacy tech ) or like looking for mouse in an old mighty creeky mansion

 Obviously the latter, ie Item (ii) being a headache, resulting to a few spill overs of deadlines 

Kindly note: When I had the spill overs, my team mates (Who had been there 10 years and 6 years respectively) got involved, as the spill overs were complex and there were a few notable spill overs that no one found a fix. Hence parked

UNFORTUNATELY: The top IT boss, called me, last week, and told me I was under performing and fired me asap, and escorted me out of the building, ensuring I spoke to no one, to the shock of my team mates, and he took my ID card, laptop etc and said HR would email me

PRIOR TO THAT

1.  Its worthy of note, 2 months prior:  I got a letter from finance saying my performance was quite impressive and rated as 80% and would get 1% company bonus, which came to £1,600 addition to my salary

2. I always got praise during my 1-2-1 sessions ( and no concerns) from my immediate boss whatsoever

According to law I cant apply for unfair dismissal, as I have only been there for 22 months to date, so what can I do ?

many thanks

E

I'm afraid the blunt answer is look for another job. You would only have a claim if you fell into one of the categories classed as an 'exception' - see 

https://landaulaw.co.uk/faqs/what-is-the-qualifying-period-for-an-unfair-dismissal-claim/

theoretica

You can't expect to keep the job, have you been correctly paid notice and holiday?  My concern would be asking HR and immediate boss what you can do to ensure that the reference from their company reflects your bonus and praise and that you can give a reason for leaving the job which will match what a reference says and is not 'fired for underperformance'.

Jellynailer

Ehi said:

hello guys,

I was employed a software developer for a new startup project and hit the ground running with my new team. However the parent company was asked to "HANDS OFF" my company, by the equalities commission UK, as they purchased too many companies. 12 months later we were bought over by another global company. and the new startup project was totally abandoned and team reduced from about 20 to 6, amongst many other cuts

...  Its worthy of note, 2 months prior:  I got a letter from finance saying my performance was quite impressive and rated as 80% and would get 1% company bonus, which came to £1,600 addition to my salary

I cannot find the 'Equalities Commission UK' only the 'Equalities and Human Rights Commission' and cannot see how 'too many companies' would be part of its remit.  I think you may be the victim of 'an under the radar' planned takeover by a predatory company that sets up a series of companies in order to move assets and debt charges and the registered legal entity (REL) and then hide these completely.

You would need to search Companies House records back and forward to see  if the company with the REL has not yet been superceded by one that denies there is any 'person of significance'. However this will only show how you and others have been cheated.  Your company can behave as outrageously as it wants because it is already been taken over and is no longer the REL.   N.B The 'persons of significance' in the chain I researched have been one of the other companies for which the directors were all living abroad.

Your best bet for damage limitation is the letter you cite above which I suggest that you attach this to your job applications saying that your company has been taken over.

I hope this is helpful.

Ehi

A lot of points have been said and taken on board and I cant reply to each and everyone. So thank you for all advise given

Moving forward, I just called ACAS who just sent me a template to appeal, and I would appeal it. As I said earlier, I dont think the top level manager liked me in the least, as in the almost 2 years I worked there, he has been cold to me, never responded to my emails or requests, and we go into the office once or twice a month and when he walks past me, he always has a straight face, never says hello or good morning. and if I did, he woudl look away

​Most importantly, since I have been at the company its all been praise and I have excellent banter with my team, got a 1% bonus paid to me, 2 months back and got praises from my line manager and rest of my team

I am told, the appeal, could be independent and if reinstated, I would get my job and salary back, only problem is the elephant in the room (An angry top manager) So at the same time, its time for me to move forward with a new job

Marcon

Jellynailer said:

Ehi said:

hello guys,

I was employed a software developer for a new startup project and hit the ground running with my new team. However the parent company was asked to "HANDS OFF" my company, by the equalities commission UK, as they purchased too many companies. 12 months later we were bought over by another global company. and the new startup project was totally abandoned and team reduced from about 20 to 6, amongst many other cuts

...  Its worthy of note, 2 months prior:  I got a letter from finance saying my performance was quite impressive and rated as 80% and would get 1% company bonus, which came to £1,600 addition to my salary

I cannot find the 'Equalities Commission UK' only the 'Equalities and Human Rights Commission' and cannot see how 'too many companies' would be part of its remit.  I think you may be the victim of 'an under the radar' planned takeover by a predatory company that sets up a series of companies in order to move assets and debt charges and the registered legal entity (REL) and then hide these completely.

You would need to search Companies House records back and forward to see  if the company with the REL has not yet been superceded by one that denies there is any 'person of significance'. However this will only show how you and others have been cheated.  Your company can behave as outrageously as it wants because it is already been taken over and is no longer the REL.   N.B The 'persons of significance' in the chain I researched have been one of the other companies for which the directors were all living abroad.

Your best bet for damage limitation is the letter you cite above which I suggest that you attach this to your job applications saying that your company has been taken over.

I hope this is helpful.

Except that wouldn't be truthful - or at least a long way from the whole truth - so not a good idea.

No point OP wasting time searching company records. It won't change the outcome.

Given OP has posted exactly the same question on at least three other public boards, hopefully by now they'll have all the info they need (and can ignore responses on other boards from those suggesting a tribunal is the way forward...).

Ehi

No tribunal, no legal challenge

I intend to appeal, so it wouldbe on record, I was not disimissed, as I did mention 2 months ago, I got a letter of commendation from HR and 1% bonus paid.

Then I will move on. I have started interviews already, so thanks

DullGreyGuy

Ehi said:

No tribunal, no legal challenge

I intend to appeal, so it wouldbe on record, I was not disimissed, as I did mention 2 months ago, I got a letter of commendation from HR and 1% bonus paid.

Then I will move on. I have started interviews already, so thanks

Were you paid in lieu of notice? Has your outstanding holiday accrual been paid? Assuming you've had your last payslip. 

You can submit an appeal if you which, there is little harm other than using up your time on something thats highly unlikely to change anything. Ultimately as long as notice to dismiss you is less than 24 months after your start date they can let you go for anything other than protected characteristics (gender, sexual orientation etc), dont even have to give you a reason. 

Spend time finding new opportunities 

Ehi

I just got the news on wednesday. HR is yet to write me. I personally think the manager hates me, as there was no definite decision, rather he took a wild decision. As my team mates were shocked and angry

I am told the letter/email would be sent later, hence I am waiting.

I intend to appeal, as I dont ever want it on my record that I was UNDER PERFORMING. 

Over the years, I have developed serious eye problems, back problems and 10 years ago, I was told to change my life style or would get a heart condition ( which I did, and regulalry go to the gym and ensure I eat right) 

I dont want anyone telling me, my sacrifice is not appreciated. Hence would appeal it

penners324

I doubt they'll write under performing on a reference. Not even sure they're allowed to.

Just let it go. The stress of acas isn't with it in this situation 

Hoenir

Ehi said:

I intend to appeal, as I dont ever want it on my record that I was UNDER PERFORMING. 

While being laid off is certainly not pleasant. There's little point in taking it personally. There could be a myriad of business reasons behind the decision. In the main payroll costs are the one area of the budget where savings can be quickly and easily made. Not pleasant being a manager at any level and having to make a decision as to whom they have to shed. As there's a personal story behind every individual.