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  • FIRST POST
    • Gadge2011
    • By Gadge2011 7th Apr 18, 4:41 PM
    • 31Posts
    • 15Thanks
    Gadge2011
    "let go" / Dismissed
    • #1
    • 7th Apr 18, 4:41 PM
    "let go" / Dismissed 7th Apr 18 at 4:41 PM
    Hi,

    I've worked in a company for over a year, one morning out of the blue I was invited into the office and told that they would be letting me go but they would provide me with a reference saying that I'm skilled at my job. There was no previous discussion that I was at risk / any form of review... My appraisals were positive and I had been promoted twice, I passed probation without any problems.

    Itís my understanding that until the two-year mark you have no protection from this happening and that the employer has fulfilled their legal obligation by paying me for my unused holidays / period of notice?

    Iím not the first person this has happened to in the organisation and they stated to me that they make use of their right to terminate if they don't feel it's working out.. (not that it makes me feel any better or improves my situation).

    Itís very embarrassing situation to be in this situation but am I right in saying that my legal situation is ďdismissedĒ? Ė It makes me sound like a criminal but I suppose that's where i'm at?

    Iím currently on garden leave but that ends soon... I don't think I've ever been so anxious trying to explain this situation in interviews.

    Anyone been in a similar situation?
Page 1
    • Smodlet
    • By Smodlet 7th Apr 18, 4:58 PM
    • 3,926 Posts
    • 7,164 Thanks
    Smodlet
    • #2
    • 7th Apr 18, 4:58 PM
    • #2
    • 7th Apr 18, 4:58 PM
    Hi and welcome. Surely you must be able to find out why they have picked on you rather than someone else; I would have thought you had a right to know that. It does not take a year to decide "it's not working out", does it?

    If you knew the reason at least you could address it going forward and try to ensure it does not happen again... You have not just hit the age of 21 or 25, have you? It might be that you have served your purpose and they can get an 18 year old to do your job for rather less per hour.

    You are correct in that, if you have been there less than two years, you have no redress provided they pay you everything you are due.

    Chin up; you will find something better.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • anamenottaken
    • By anamenottaken 7th Apr 18, 6:06 PM
    • 4,146 Posts
    • 3,628 Thanks
    anamenottaken
    • #3
    • 7th Apr 18, 6:06 PM
    • #3
    • 7th Apr 18, 6:06 PM
    You are right that the legal term is "dismissed" - and it doesn't make you sound like a criminal! If you had been in a redundancy situation that too would have been a dismissal.

    With under two years' service you can't demand a written statement of the reason for the dismissal but they should have a valid reason which they can justify.

    What do you want to happen?
    Last edited by anamenottaken; 07-04-2018 at 6:14 PM.
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 7th Apr 18, 7:29 PM
    • 3,366 Posts
    • 1,750 Thanks
    keepcalmandstayoutofdebt
    • #4
    • 7th Apr 18, 7:29 PM
    • #4
    • 7th Apr 18, 7:29 PM
    Hi,

    I've worked in a company for over a year, one morning out of the blue I was invited into the office and told that they would be letting me go but they would provide me with a reference saying that I'm skilled at my job. There was no previous discussion that I was at risk / any form of review... My appraisals were positive and I had been promoted twice, I passed probation without any problems.

    Itís my understanding that until the two-year mark you have no protection from this happening and that the employer has fulfilled their legal obligation by paying me for my unused holidays / period of notice?

    Iím not the first person this has happened to in the organisation and they stated to me that they make use of their right to terminate if they don't feel it's working out.. (not that it makes me feel any better or improves my situation).

    Itís very embarrassing situation to be in this situation but am I right in saying that my legal situation is ďdismissedĒ? Ė It makes me sound like a criminal but I suppose that's where i'm at?

    Iím currently on garden leave but that ends soon... I don't think I've ever been so anxious trying to explain this situation in interviews.

    Anyone been in a similar situation?
    Originally posted by Gadge2011
    Yes they have done everything correctly.

    Way of the world - most other employers will probably understand. You have a good solid year under your belt so hold your head up.

    As you are getting a reference saying you are skilled at job, I'd start telling myself in reality that the job had an end date and work wasn't available for you.

    I'm currently on a FTC - I get no one 2 ones or appraisals - only recently learn it appears I've past 'company probation' when the letter for pension set up arrived and holiday toward end of the assignment approved straight away for in a couple of months time. I'll only imagine the process to have me out starts when I under target. I'm dreading explaining I feel like some sort of contractor sitting in an office and can only hope I'll integrate into a team having been solo and wild for as many months so it can be worse.

    I'm really thinking the only way to keep a job is to apply for something no one else wants to do and hope it's not fixed term. All I have picked up since last summer is work of a temporary nature with an end date. Though I'm lucky I don't have a family to support etc so I manage to keep positive about it.

    You CAN improve your situation - it's called getting another job and start signing for benefits without delay for in the interim. That's a way I guess you might get to find out more about this being let go.
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • Owain Moneysaver
    • By Owain Moneysaver 7th Apr 18, 8:03 PM
    • 8,524 Posts
    • 9,657 Thanks
    Owain Moneysaver
    • #5
    • 7th Apr 18, 8:03 PM
    • #5
    • 7th Apr 18, 8:03 PM
    Just say it was a temporary job which came to an end as, despite two promotions, there wasn't a permanent opportunity available for you.

    Which is was (because you were there less than two years) and it did, and there wasn't.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • Gadge2011
    • By Gadge2011 7th Apr 18, 8:16 PM
    • 31 Posts
    • 15 Thanks
    Gadge2011
    • #6
    • 7th Apr 18, 8:16 PM
    • #6
    • 7th Apr 18, 8:16 PM
    Hi All,

    (I'm experienced in my sector and I suppose considered to be working at a senior level and I've just never had anything like this happen to me..It's a interesting life lesson and I think it's made me more humble).

    Thanks for the reply - I just wanted to make sure that I understood my legal position correctly, I wrongly thought that an employee was protected after 1 year so it was a bit of a shock to find out this could happen.

    The criminal thing is very much an emotional reaction... It's been a bit of a roller coaster emotionally as you can imagine (complete shock, feels like I lost my identity, lack of confidence and so on). I've got twin infant son's and a holiday booked very soon which added to the stress by giving me some unexpected time constraints to find another job (kids were supposed to go into child care in the day but that might not be possible any more so our plans feel like they have gone out the window) ... These are obviously my problems and not work's but still it adds to the stress, the positive is that I'm spending more time with my family.

    I'm very active in the job market and I've had a couple of interviews last week and I've got a couple more next week so hopefully something will come of it However, explaining the situation is horrid but I suppose that's life.

    I wouldn't want to try and bend the truth to new potential employers. I'm trusted with company's major assets and I think that would be a very bad move.
    Last edited by Gadge2011; 07-04-2018 at 8:21 PM.
    • elsien
    • By elsien 7th Apr 18, 8:24 PM
    • 17,129 Posts
    • 43,193 Thanks
    elsien
    • #7
    • 7th Apr 18, 8:24 PM
    • #7
    • 7th Apr 18, 8:24 PM
    I have a relative who worked at a place where there seemed to be a culture of getting shut of people before the 2 year mark then rehiring them at a later date, presumably to stop them from gaining employment rights. Not the same as your situation because it's basic factory work in a high unemployment area so they're never going to be short of candidates, but companies do things for some odd reasons sometimes.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Smodlet
    • By Smodlet 7th Apr 18, 8:25 PM
    • 3,926 Posts
    • 7,164 Thanks
    Smodlet
    • #8
    • 7th Apr 18, 8:25 PM
    • #8
    • 7th Apr 18, 8:25 PM
    It is a hard lesson to learn but everyone is expendable. Try to think of this in the positive: You can now avoid wasting time in a company where advancement was never a possibility.

    I am sure you have useful, transferable skills. The next opportunity may be more interesting, who knows? Onwards and upwards and keep your chin up!
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 7th Apr 18, 9:09 PM
    • 2,640 Posts
    • 4,180 Thanks
    ScorpiondeRooftrouser
    • #9
    • 7th Apr 18, 9:09 PM
    • #9
    • 7th Apr 18, 9:09 PM
    Was the second promotion the problem? Was the good work that you had done while you were in the other positions, and they felt you weren't working out in the new one?
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 7th Apr 18, 9:46 PM
    • 2,640 Posts
    • 4,180 Thanks
    ScorpiondeRooftrouser
    OK, you didn't mention that they had given you a reason. How long had you been working since the second promotion and was the reason related to the work you had done since?
    • shortcrust
    • By shortcrust 7th Apr 18, 10:50 PM
    • 2,105 Posts
    • 3,218 Thanks
    shortcrust
    Tell them you're planning to give 'end of contract' as your reason for leaving and check they'll do them same. From the sounds if it they won't object. It's not untrue and it sounds better. You're not going to have to give a load of detail in an interview if you have a decent reference. You can quickly turn any questions about the last job into opportunities to say how much you learned, how excited you are for the bigger brighter future etc. An unemployed job applicant is not a shocking thing.
    • Gadge2011
    • By Gadge2011 11th Apr 18, 9:49 PM
    • 31 Posts
    • 15 Thanks
    Gadge2011
    Tell them you're planning to give 'end of contract' as your reason for leaving and check they'll do them same. From the sounds if it they won't object. It's not untrue and it sounds better. You're not going to have to give a load of detail in an interview if you have a decent reference. You can quickly turn any questions about the last job into opportunities to say how much you learned, how excited you are for the bigger brighter future etc. An unemployed job applicant is not a shocking thing.
    Originally posted by shortcrust
    Is this is fairly standard thing to do because funnily enough another person that got dismissed a couple of weeks before me is telling potential employers this.

    I've been managing to get interviews however I am having a problem's closing the deal so to speak.

    My confidence is severely knocked which makes me anxious and although I'm passing all of the technical test's (I'm in IT) with flying colours I think my soft skills are weak at the moment and letting me down drastically.

    I wasn't dismissed because of any performance related problems, I think the company is actually happy with the work I!!!8217;ve done for them and they will provide a reference for that. After pushing for it the reason I was given didn!!!8217;t make much sense to me since It!!!8217;s along the lines of behavioural which has never been mentioned to me before by anyone. If it had I would have certainly taken a good hard look in the mirror and resolved it, I!!!8217;ve reflected on the issue raised and discussed the issue with colleagues and they reckon I!!!8217;ve been stitched up (there words not mine).

    I!!!8217;m well aware I had stepped on a few of the more long term staff members toes and highlighted some inadequacies however I!!!8217;ve never pointed fingers, I just got on with resolving the problems at hand but based upon what was said in that meeting and the outcome I must have had my cards marked for a while.

    Onward and upwards I suppose.. Hopefully soon I will manage to close a deal and move on from this.
    • Doshwaster
    • By Doshwaster 11th Apr 18, 10:11 PM
    • 4,972 Posts
    • 4,089 Thanks
    Doshwaster
    Iím currently on garden leave but that ends soon... I don't think I've ever been so anxious trying to explain this situation in interviews.

    Anyone been in a similar situation?
    Originally posted by Gadge2011
    I wouldn't worry about mentioning it at job interviews. It's just the way the modern "flexible" jobs market works. At least once your gardening leave is over you'll be able to tell employers that you are available to start work immediately.
    • ThemeOne
    • By ThemeOne 12th Apr 18, 1:31 PM
    • 1,223 Posts
    • 1,029 Thanks
    ThemeOne
    I!!!8217;m well aware I had stepped on a few of the more long term staff members toes and highlighted some inadequacies however I!!!8217;ve never pointed fingers, I just got on with resolving the problems at hand but based upon what was said in that meeting and the outcome I must have had my cards marked for a while.
    Originally posted by Gadge2011
    That'll be it then. You were clearly far too good for them.

    In your next job, I'd save up all the inadequacies you find and then have a field day with them once you pass the two year mark!
    • Smodlet
    • By Smodlet 12th Apr 18, 3:31 PM
    • 3,926 Posts
    • 7,164 Thanks
    Smodlet
    That'll be it then. You were clearly far too good for them.

    In your next job, I'd save up all the inadequacies you find and then have a field day with them once you pass the two year mark!
    Originally posted by ThemeOne
    ^ ^ ^ ^

    This, with bells on. Dent the precious, little egos of the complacent incumbents at your own risk.

    Often, just coming in with fresh eyes and suggesting a more efficient way of doing things will mark you as a threat rather than as enthusiastic and pro-active. The longer someone has been in a role, the more comfortable they tend to become and the last thing they want is some whippersnapper hauling the blanket off them and waking them up.

    Why should they have to think when they have got away with not doing so for years? How very dare you, Gadge2011?
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
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