My housemate has just been sacked. Where does he stand…..
Discussion
Apart from at the back of the Dole line!!! (Sorry, if I didn’t say someone else would of)
He worked for a travel firm in our local high street (a large travel firm with stores across the country), his role was to sell holidays and flights to the public.
He and everyone else in the store have not been meeting targets and as a result the shop was not making any money.
Last month he was pulled up on his sales figures and was given a written warning, this would be his first but final warring. (He had not received any verbal warnings prior to this.)
Today (Last day of the month) when he walks into the shop he is instantly pulled into the office and told that he is sacked as he did not meet target again this month. However the month is not over till the end of today and he is only £800.00 off target and he has a sale closing today to for £1000.00 therefore getting him to his target.
Should they have not given him more warnings? Along the lines of verbal, written and then final?
Also should they have not preformed the sacking after the today if he had not meet target?
Would he have a case to take them to a tribunal?
He worked for a travel firm in our local high street (a large travel firm with stores across the country), his role was to sell holidays and flights to the public.
He and everyone else in the store have not been meeting targets and as a result the shop was not making any money.
Last month he was pulled up on his sales figures and was given a written warning, this would be his first but final warring. (He had not received any verbal warnings prior to this.)
Today (Last day of the month) when he walks into the shop he is instantly pulled into the office and told that he is sacked as he did not meet target again this month. However the month is not over till the end of today and he is only £800.00 off target and he has a sale closing today to for £1000.00 therefore getting him to his target.
Should they have not given him more warnings? Along the lines of verbal, written and then final?
Also should they have not preformed the sacking after the today if he had not meet target?
Would he have a case to take them to a tribunal?
Depends what his initial/final warning said.
IIRC it should have been specific as to what his failures were and restated what his targets are and give him reasonable time to achieve those targets.
IMO his sacking today seems premature as the period hasn't closed.
Personally I would argue for some sort of "unfair dismissal" just for the hell of it to try and get some money out of them... plus pass the time whilst standing in line.
IIRC it should have been specific as to what his failures were and restated what his targets are and give him reasonable time to achieve those targets.
IMO his sacking today seems premature as the period hasn't closed.
Personally I would argue for some sort of "unfair dismissal" just for the hell of it to try and get some money out of them... plus pass the time whilst standing in line.
broadcaststorm said:
In my experience, a tribunal panel will very much side with the employer unless the employee had 1 years service with the company.
Unless there are other grounds - race/sex discrimination etc - I don't think you can even take action unless you've been employed for 1 year.Deva Link said:
Unless there are other grounds - race/sex discrimination etc - I don't think you can even take action unless you've been employed for 1 year.
You can certainly start action, however ACAS will very quickly advise you againsting continuing, unless there are other grounds like you mention.All IME, YMMV, IANAL etc...
Marcellus said:
Depends what his initial/final warning said.
IIRC it should have been specific as to what his failures were and restated what his targets are and give him reasonable time to achieve those targets.
IMO his sacking today seems premature as the period hasn't closed.
Personally I would argue for some sort of "unfair dismissal" just for the hell of it to try and get some money out of them... plus pass the time whilst standing in line.
IIRC it should have been specific as to what his failures were and restated what his targets are and give him reasonable time to achieve those targets.
IMO his sacking today seems premature as the period hasn't closed.
Personally I would argue for some sort of "unfair dismissal" just for the hell of it to try and get some money out of them... plus pass the time whilst standing in line.
If he had closed a deal today that would have nmet his target he would still have a job.
IIRC his writen warning would should have been very specific about when the target and achievement would be reviewed.
If they did not specify a deadline for achievement they have fooked up IMHO.
BUT
If he has only been there 9 months he could be on thin ice.
Marcellus said:
Depends what his initial/final warning said.
IIRC it should have been specific as to what his failures were and restated what his targets are and give him reasonable time to achieve those targets.
IMO his sacking today seems premature as the period hasn't closed.
Personally I would argue for some sort of "unfair dismissal" just for the hell of it to try and get some money out of them... plus pass the time whilst standing in line.
His failures where - Didn't meet target and lack of enthusiasm. IIRC it should have been specific as to what his failures were and restated what his targets are and give him reasonable time to achieve those targets.
IMO his sacking today seems premature as the period hasn't closed.
Personally I would argue for some sort of "unfair dismissal" just for the hell of it to try and get some money out of them... plus pass the time whilst standing in line.
Reasonable time - One month? is that really enough time?
bonsai said:
lets say that even if he could argue the technicality about months end and what not - would he really want to continue working for a company that tried to bin him?
A tribunal would take a view on what was a reasonable time for him to find work of a similar type and position and award money for loss of earnings if his position has become untenable.If his last disciplinary warning said it was final, then they can sack him on this occasion. A business may decide that one month is sufficient time to show an improvement. However, the corect way of doing it is to invite him to a meeting, tell him he is dismissed and give him notice, which he may or may not be required to work.
With less than 1 years service a tribunal is never going to run unless he can claim the usual race/disability/sex discrimination card.
Make sure your friend gets any pay in lieu of notice owed to him, and any holiday pay owed to him. A quick formal letter to them is usually enough to get them to make the necessary paymnet (assuming this is not already in hand).
With less than 1 years service a tribunal is never going to run unless he can claim the usual race/disability/sex discrimination card.
Make sure your friend gets any pay in lieu of notice owed to him, and any holiday pay owed to him. A quick formal letter to them is usually enough to get them to make the necessary paymnet (assuming this is not already in hand).
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