Termination of Employment

Fierybiscuits

Hi everyone. 

I’m looking for some impartial advice from someone who perhaps knows a little more about this sort of thing than I do.  This is a bit complicated, but I started work at my current company back in 2015 and worked full time up until the end of 2022, when I took 12 months of maternity leave.  When I returned to work in January 2024, I moved into a different role on slightly reduced hours.  I didn’t enjoy it and found a completely new job in October.  However, it really wasn’t for me, and I was lucky that my employer then offered me my original job back, which I accepted.  I started back here in December 2024, so have effectively only been employed by them for just over 12 months, despite being here circa 10 years. 

In the past few months the job has become increasingly difficult, in a vastly changing industry, and my employer believes my resulting unhappiness is negatively impacting my productivity.  We disagree with the reasoning behind why I’m not hitting my targets, which I believe is down to the type of work I’ve been given and the fees charged (which I have no control over).  I continue to work hard and do a good job, but I'm probably the lowest fee earning member of staff.  We’ve had a couple of meetings and, after a bit of hostility, we reached a somewhat mutual agreement that I would look for alternative opportunities whilst remaining employed for the time being.  This was 2 weeks ago, and then last week she pulled me into a meeting to tell me that she’ll be terminating my employment at the end of January as I “work better under pressure.”  I was frankly dumbfounded she’d do this to me as, aside from being my employer, this is someone I’d called a friend for nearly 20 years.  When she offered me my job back last year, I received an offer letter with my salary and working hours, which I accepted via email, but I haven’t since signed anything or been issued with any terms of employment.  I’m not aware that she’s followed any particular procedure, but then I don’t have a contract that explains what that procedure should be.  Would I be bound by the previous ‘staff handbook,’ even though I’ve not been issued with or signed anything since returning last year? 

She has tried to do all this in the “nicest” way possible, which I think is mostly to try and make herself feel better, but the fact now remains that I’ll be out of work in 6 weeks and we can’t afford to pay our bills on my partner’s salary alone.  She is hiring two new members of staff, albeit with slightly different job roles to mine (this is a small business, 10ish employees), in the same month I’m being let go.  That’s a particular kick in the teeth.  Jobs in my field are few and far between anyway, and obviously I now have the Christmas break to contend with and the fact that recruitment tends to take a dive at this time of year.  People have suggested I contact ACAS, but I'm not convinced I have any argument here.  Even if she hasn't dealt with this correctly, I probably wouldn't seek any kind of retribution – I know we reached a mutual decision that I’d look to go, and I guess she has no obligation to keep on a member of staff she believes, rightly or wrongly, isn’t meeting expectations.  But I’ve been totally blindsided by a deadline and the prospect of having no income in 6 weeks.  Perhaps I should be grateful for a notice period longer than most, I don't know.

Anyway, I’m going to be looking at starting up my own business in that time while also trying to find alternative employment to keep us going.  Any suggestions for flexible roles that might fit round childcare and start up?  I'd really appreciate any advice on what I do from here.  I feel like there'll be so many people I need to let know and things I need to look at regarding my childcare funding, tax, benefits etc. that I don't know where to start.  I've not been unemployed for a really long time!  

Many thanks in advance.                                  

itsthelittlethings

You should be entitled to New Style JSA, it's not a lot but it's better than nothing.

Savvy_Sue

itsthelittlethings said:

You should be entitled to New Style JSA, it's not a lot but it's better than nothing.

And there may be some useful support along with that, both in terms of job hunting and in setting up your new business. 

You are correct that your boss can do this: your current employment started around a year ago, and ATM within the first two years an employer can just 'let you go' because it's not working out. 

It's extremely likely that the previous staff handbook still applies. If anything has changed you should probably have been given more in writing on your return than you were: if nothing has changed that may depend on what you were given in writing. However, there's not really any value in a 'gotcha!' moment. 

What I would do is ask if you can agree a reference with her. You want a positive one, not one which says "Fiery returned to work for us last year but her performance wasn't as good as before she had the baby". Mind you, any reference to your maternal status would be somewhat out of order! Even if you have to accept something which minimises her decision to terminate and presents it as a mutual agreement that you should move on, you want your commitment, your talents, your all-round-excellent-worker status shining through if at all possible. 

Failing that, I'd settle for an agreement that she'd just confirm you dates of employment and not comment on the reasons for you leaving. 

Savvy_Sue

Oh, another thing: do not go overboard on Christmas. Your child is young enough that they will neither know nor care whether you have ALL the trimmings on the Christmas table; a pile of presents taller than they are under the tree; and the latest whatever-pre-school-children-are-supposed-to-have. 

elsien

Although I suspect by the 17th of December most parents will have already bought the children’s presents anyway. 

Undervalued

Fierybiscuits said:

Hi everyone. 

I’m looking for some impartial advice from someone who perhaps knows a little more about this sort of thing than I do.  This is a bit complicated, but I started work at my current company back in 2015 and worked full time up until the end of 2022, when I took 12 months of maternity leave.  When I returned to work in January 2024, I moved into a different role on slightly reduced hours.  I didn’t enjoy it and found a completely new job in October.  However, it really wasn’t for me, and I was lucky that my employer then offered me my original job back, which I accepted.  I started back here in December 2024, so have effectively only been employed by them for just over 12 months, despite being here circa 10 years. 

In the past few months the job has become increasingly difficult, in a vastly changing industry, and my employer believes my resulting unhappiness is negatively impacting my productivity.  We disagree with the reasoning behind why I’m not hitting my targets, which I believe is down to the type of work I’ve been given and the fees charged (which I have no control over).  I continue to work hard and do a good job, but I'm probably the lowest fee earning member of staff.  We’ve had a couple of meetings and, after a bit of hostility, we reached a somewhat mutual agreement that I would look for alternative opportunities whilst remaining employed for the time being.  This was 2 weeks ago, and then last week she pulled me into a meeting to tell me that she’ll be terminating my employment at the end of January as I “work better under pressure.”  I was frankly dumbfounded she’d do this to me as, aside from being my employer, this is someone I’d called a friend for nearly 20 years.  When she offered me my job back last year, I received an offer letter with my salary and working hours, which I accepted via email, but I haven’t since signed anything or been issued with any terms of employment.  I’m not aware that she’s followed any particular procedure, but then I don’t have a contract that explains what that procedure should be.  Would I be bound by the previous ‘staff handbook,’ even though I’ve not been issued with or signed anything since returning last year? 

She has tried to do all this in the “nicest” way possible, which I think is mostly to try and make herself feel better, but the fact now remains that I’ll be out of work in 6 weeks and we can’t afford to pay our bills on my partner’s salary alone.  She is hiring two new members of staff, albeit with slightly different job roles to mine (this is a small business, 10ish employees), in the same month I’m being let go.  That’s a particular kick in the teeth.  Jobs in my field are few and far between anyway, and obviously I now have the Christmas break to contend with and the fact that recruitment tends to take a dive at this time of year.  People have suggested I contact ACAS, but I'm not convinced I have any argument here.  Even if she hasn't dealt with this correctly, I probably wouldn't seek any kind of retribution – I know we reached a mutual decision that I’d look to go, and I guess she has no obligation to keep on a member of staff she believes, rightly or wrongly, isn’t meeting expectations.  But I’ve been totally blindsided by a deadline and the prospect of having no income in 6 weeks.  Perhaps I should be grateful for a notice period longer than most, I don't know.

Anyway, I’m going to be looking at starting up my own business in that time while also trying to find alternative employment to keep us going.  Any suggestions for flexible roles that might fit round childcare and start up?  I'd really appreciate any advice on what I do from here.  I feel like there'll be so many people I need to let know and things I need to look at regarding my childcare funding, tax, benefits etc. that I don't know where to start.  I've not been unemployed for a really long time!  

Many thanks in advance.                                  

I have highlighted the crucial bit as I'm sure you realise.

Unless you and the employer agreed that your return was to be treated as continuous employment it only needs a break of a week to "reset the clock".

The only other exception would be if you could genuinely show that your dismissal was unlawful discrimination on one of the handful of protected grounds (e.g race, gender etc) and nothing in your post suggests this is the case.

So, I am afraid you can be dismissed for no reason at all and any lawyer advising the employer would likely suggest that the company does not give a particular reason. Yes you are "entitled" to a reason but in practice there is no useful legal remedy if that doesn't happen.

That makes all other points, such as reference to staff handbooks etc totally moot.