Under 2 years.....do I have any rights?

[Sebba]

Hi all - first time poster in this section....

Just under a year ago, I joined a small company after many years working for corporates - the job was not as described and the culture is definitely toxic but I adhered to all my contractual obligations and was a good employee. There has been at least 1 employee leave or forced out every month during the year I was there

Today, they handed me my 1 month notice specifying underperformance (citing not delivering deliverables & poor team leadership), whilst I am not surprised by this move (as they operate quite underhanded) - I understand that despite there being no real firm grounds or evidence of following protocol for underperformance (I have had a reasonable review, had my bonus which was in line with company targets), I have no real valid reason to appeal as I have not been an employee for more than 2 years. I was expecting them to do this but thought I would have some sort of defence or they would at least try and reach a compromise but if they don't have to, why would they and also why would I appeal? It is absolutely not about the money but the principle and complete lack of respect.

I believe the real reason for them dismissing me is because I was defending my staff and airing their concerns (maybe too much?) - they wanted to make an example of me to toe everyone back in line - my manager actually advised me to fire someone if I think there is a bad apple corrupting the bunch) - obviously I have no evidence of this as there were all verbal conversations.

Also as a separate note, my contract stipulating that I have to give them 3 months notice (but them only giving me 1 month).

I know I am still in some state of shock but I fear that this bitterness will not pass as I have been hard done by (or simply put, they got the better of me)...

I know the wise thing to do is to rise above it and get on with my life....

Any advice on my options or simply how to get over this would be greatly appreciated.

Vent over

[sgtBerbatov]

Does your contract state, or do the company have, any documented disciplinary procedures? You should have a verbal, written then final warning I think before they can let you go. Unless, of course, you've done something which could be classed as gross misconduct.

[George Smiley]

Does this company make semiconductors? That sounds like a very common thing I too experienced!

[Thankyou4calling]

Unless you are discriminated against on the grounds of disability or race you have no rights in your first two years of employment against dismissal.

The notice period will have to be as per contract

The reason an be anything, or nothing.

[Zetec-S]

Sebba said:

Also as a separate note, my contract stipulating that I have to give them 3 months notice (but them only giving me 1 month).

What does your contract actually say is the notice period on their behalf? Usually it's the same period from both parties, so I'd argue they owe you 3 months? (I am by no means an expert so may be wrong)

Sebba said:

I know I am still in some state of shock but I fear that this bitterness will not pass as I have been hard done by (or simply put, they got the better of me)...

I know the wise thing to do is to rise above it and get on with my life....

You've said it yourself, best to try to move on (I know easier said than done). Are they expecting you to work your notice period?

[anonymous-user]

When you were defending your staff's rights, did you alert the management or a prescribed body to something that may have amounted to a Protected Disclosure under the Employment Rights Act?

[Thankyou4calling]

Zetec-S said:

You've said it yourself, best to try to move on (I know easier said than done). Are they expecting you to work your notice period?

You can argue all you like but you’ll be wasting your time.

If the contract says you give 3 months we give one that is it.

[Terminator X]

Zero rights until 2 years has elapsed. You can only get them on discrimination of some sort but if it isn't that don't bother imho. Move on, get another probably better job.

TX.

[Jasandjules]

Thankyou4calling said:

Unless you are discriminated against on the grounds of disability or race you have no rights in your first two years of employment against dismissal.

The notice period will have to be as per contract

The reason an be anything, or nothing.

Not quite true.

Whistleblowing has no requirements under ERA either i.e. no need of the two years (we will ignore the other protected characteristics for this)

In this case the OP could possibly argue that is exactly what has happened to him.......... Subject to further information.

[Sebba]

Thank you all very much for your help and advice....I am (very) slowly getting over it. But the more I think of it, I feel that this is a case of discrimination - not to get into the nitty gritty of it too much, there were 2 managers of a team, both having the same issues and performance & i have emails to suggest that, yet one was terminated (possibly because the other had been there longer (so more difficult to get rid of) and was not "different") with no regard to process or contract - I hate to play the discrimination card but on this event, I feel it is valid....now it is only a question on whether it would be worth the legal expense of going through the hoops....

PS - no they don't do semiconductors ... as this is the first time this has happened to me, in the odd 20 years of working......it is a little alarming to hear of this happening elsewhere, I thought mine was an isolated case.

[anonymous-user]

For discrimination, you need to Google along the lines of protected characteristics. It's not enough that they preferred one person over another, and you lost out. The discrimination needs to be due to a protected characteristic (generalising); race, gender, religion, age, disability. The discrimination can be direct or indirect.

From what you've said, it might be a stretch to say you were discriminated against due to a protected characteristic.

On the other hand, if you communicated issues to management that alerted them to business practices that might be breaking the law, there may be whistleblowing and it may be that you have been singled out because of it. Any detriment you suffer, including dismissal, due to a protected disclosure, can be actionable against both the employer and any co-workers responsible for the detriment.

It's probably a long shot, but seeming you mentioned raising concerns to management, it might be worth seeing if the facts match the protection.

Other than that, possibly best to look forward rather than back.

[Algarve]

Sebba said:

Thank you all very much for your help and advice....I am (very) slowly getting over it. But the more I think of it, I feel that this is a case of discrimination - not to get into the nitty gritty of it too much, there were 2 managers of a team, both having the same issues and performance & i have emails to suggest that, yet one was terminated (possibly because the other had been there longer (so more difficult to get rid of) and was not "different") with no regard to process or contract - I hate to play the discrimination card but on this event, I feel it is valid....now it is only a question on whether it would be worth the legal expense of going through the hoops.....

If you play the discrimination card when it wasn't really appropriate to play, you'll find many other employers won't touch you with a barge pole. I certainly wouldn't.... whats to stop you trying it on me further down the line if we fell out?

From your posts it doesn't really sound like there has been any discrimination. They just don't like you.

[cat with a hat]

Algarve said:

Sebba said:

Thank you all very much for your help and advice....I am (very) slowly getting over it. But the more I think of it, I feel that this is a case of discrimination - not to get into the nitty gritty of it too much, there were 2 managers of a team, both having the same issues and performance & i have emails to suggest that, yet one was terminated (possibly because the other had been there longer (so more difficult to get rid of) and was not "different") with no regard to process or contract - I hate to play the discrimination card but on this event, I feel it is valid....now it is only a question on whether it would be worth the legal expense of going through the hoops.....

If you play the discrimination card when it wasn't really appropriate to play, you'll find many other employers won't touch you with a barge pole. I certainly wouldn't.... whats to stop you trying it on me further down the line if we fell out?

From your posts it doesn't really sound like there has been any discrimination. They just don't like you.

How do employers find out you'e been playing the discrimination card?

[hutchst]

cat with a hat said:

How do employers find out you'e been playing the discrimination card?

They could ask you at the interview

[Jasandjules]

OP you may wish to look at the law regarding whistleblowing rather more than any "discrimination" as such.

[Sebba]

Algarve said:

If you play the discrimination card when it wasn't really appropriate to play, you'll find many other employers won't touch you with a barge pole. I certainly wouldn't.... whats to stop you trying it on me further down the line if we fell out?

From your posts it doesn't really sound like there has been any discrimination. They just don't like you.

I do really feel like I was treated differently from start but somewhat failed to acknowledge it. It was only the last series of events, when w parties did exactly the same thing (signed a letter somewhat highlighting some issues - which evidentially they didn't like), one gets fired and nothing happens to the other?

Either way, spent far too much energy on this - but I think the last sentence probably sums everything up but I am struggling to get over feeling hard done by - they discriminated/took advantage of me.

Edited by Sebba on Monday 24th June 07:52

[breamster]

Sebba said:

I do really feel like I was treated differently from start but somewhat failed to acknowledge it. It was only the last series of events, when w parties did exactly the same thing (signed a letter somewhat highlighting some issues - which evidentially they didn't like), one gets fired and nothing happens to the other?

Either way, spent far too much energy on this - but I think the last sentence probably sums everything up but I am struggling to get over feeling hard done by - they discriminated/took advantage of me.

Edited by Sebba on Monday 24th June 07:52

I've been in a similar situation to this. You can either pursue this and invest a huge amount of time, energy and stress to potentially get a small payout and a fake apology. Or you can focus all your energies on finding some where else to work where you don't dread the day every time you wake up in the morning. Somewhere you are appreciated.

Nothing will stop you feeling a bit hard done by. But working for a new decent company and doing a good job for them will mean you give less of a dam about the past.

Good luck with it all!

[p4cks]

Terminator X said:

Zero rights until 2 years has elapsed. You can only get them on discrimination of some sort but if it isn't that don't bother imho. Move on, get another probably better job.

TX.

This, I'm afraid.

[Silent1]

George Smiley said:

Does this company make semiconductors? That sounds like a very common thing I too experienced!

perhaps the largest fabless semiconductor company beginning with B?..

[George Smiley]

Silent1 said:

perhaps the largest fabless semiconductor company beginning with B?..

No, the other one beginning with D