Dismissal - advice
Discussion
Posting for a bit of advice for my brother who was dismissed from his job yesterday as "he doesnt fit in".
He has worked at the company since 25th August 2011 (So just short of a year). He worked 6 months in one department where his boss was happy with him and was achieving sales targets and receiving bonuses. He passed his 6 month probation when another department needed some help. My brother agreed to move to the new department but was asked to start again a 6month probation as his new boss didnt know him.
During this time he has done the same again, met targets and had no reason to think anyone was upset with his performance. During this time, his new boss mate had been made redundant from another department so my brother has helped train him up as requested by the boss. It may be coincidental, but now the new guy is fully trained up, my brothers boss took him to one side and said he "doesnt fit in" and is "a square peg in a round hole" and dismissed him and told not to come back.
Firstly, where does he stand? I understand employee rights don't kick in until 12 months and he is just short of this. He was given no notice period, which I believe under law you are required to give at least one week (There is nothing written in his contract regarding notice period) and technically he is still under his second 6 month probation with the new department.
It just seems highly coincidental that he was dropped so suddenly, especially for the reasons of "not fitting in" having been there for now nearly 12 months and nobody has mentioned anything before. He has also asked the boss if there is any other vacancies to which he replied there may be some coming up in September, which further doubts my reasons for dismissal. Why suggest other jobs if you believe he doesnt fit in?
It is all very suspicious to me and I have told him to get it down in writing from the boss the reason for dismissal and speak to the Citizens Advice Bureau.
Does anyone on here know where he stands? What are his options?
He has worked at the company since 25th August 2011 (So just short of a year). He worked 6 months in one department where his boss was happy with him and was achieving sales targets and receiving bonuses. He passed his 6 month probation when another department needed some help. My brother agreed to move to the new department but was asked to start again a 6month probation as his new boss didnt know him.
During this time he has done the same again, met targets and had no reason to think anyone was upset with his performance. During this time, his new boss mate had been made redundant from another department so my brother has helped train him up as requested by the boss. It may be coincidental, but now the new guy is fully trained up, my brothers boss took him to one side and said he "doesnt fit in" and is "a square peg in a round hole" and dismissed him and told not to come back.
Firstly, where does he stand? I understand employee rights don't kick in until 12 months and he is just short of this. He was given no notice period, which I believe under law you are required to give at least one week (There is nothing written in his contract regarding notice period) and technically he is still under his second 6 month probation with the new department.
It just seems highly coincidental that he was dropped so suddenly, especially for the reasons of "not fitting in" having been there for now nearly 12 months and nobody has mentioned anything before. He has also asked the boss if there is any other vacancies to which he replied there may be some coming up in September, which further doubts my reasons for dismissal. Why suggest other jobs if you believe he doesnt fit in?
It is all very suspicious to me and I have told him to get it down in writing from the boss the reason for dismissal and speak to the Citizens Advice Bureau.
Does anyone on here know where he stands? What are his options?
You will need to check the contract for notice period but where silent the statutory provision is 1 week at less than 12 months service. If your notice period brings you to 12 months service then you may be able to claim, depending on whether there is a payment in lieu clause. In the event that there is no discrimination then the claim value will be very low and possibly not worth pursuing. If it is a breach of contract then re notice then it is wrongful rather than unfair dismissal.
3sixty said:
Ok, doesn't sound like it is worth persuaing then as he didnt get anything written to confirm the first 6 month probation was over.
At the very least though he should expect a weeks pay for the notice period he wasnt given?
Yes and any holiday pay. He could go and talk to ACAS and/or a solicitor and there may be a case for unfair dismissal (he can take them to a tribunal), but be warned that you may not have all the facts, if he's really as good as you say I find his employers attitude surprising and there may be more to it.At the very least though he should expect a weeks pay for the notice period he wasnt given?
On attempting to dismiss a cretin who'd worked for us, after their 3 month trial period was up, I was informed by HR that even though it's a trial period you still have to inform the person they're not up to scratch and give them a chance to improve. Failure to do this can result in the trial being extended, but not dismissal.
IANAEL, but I would definitely seek advise from an Employment Lawyer if all the facts are present and as you described.
IANAEL, but I would definitely seek advise from an Employment Lawyer if all the facts are present and as you described.
Muzzer79 said:
On attempting to dismiss a cretin who'd worked for us, after their 3 month trial period was up, I was informed by HR that even though it's a trial period you still have to inform the person they're not up to scratch and give them a chance to improve. Failure to do this can result in the trial being extended, but not dismissal.
IANAEL, but I would definitely seek advise from an Employment Lawyer if all the facts are present and as you described.
That might be your company documented procedure but the law doesn't specify this. IANAEL, but I would definitely seek advise from an Employment Lawyer if all the facts are present and as you described.
3sixty said:
Thanks to all for your replies. It appears he is due a weeks notice pay and holidays accured under working time act.
Is there anything regarding a written notice prior to dismissal or a meeting? I think they are already wrong for not giving him his notice.
He may have a case, but would have to ask himself if it's worth it. Technically they should have given him due warning and the opportunity to do something about it, although it is muddied by the fact that he was still on probation, although a court would probably rule that 12 months is an unreasonable lenght of time. As I said, if he speaks to ACAS and/or a lawyer, he may be able to push for one months notice and holiday pay on the basis of time served.Is there anything regarding a written notice prior to dismissal or a meeting? I think they are already wrong for not giving him his notice.
If he wants to waste time and effort go and see an employment solicitor and take advice.
Sadly though this is a very common issue these days. Unscrupulous employers are taking on staff, often not so much at the trainee end but certainly middle management. They then sweat them for as long as it takes to get a department or set of procedures in place and running properly and drop them as soon as this is done or they are at 11.5 months employment.
It’s all about saving money in the main at this level as things can go on with what has been put in place for 3 or 4 years before they have to be dragged back into current spec. and they don’t see the point in paying someone to oversee and refine what they only see as a cost centre.
Sensible on one level, criminal if you are on the s
ty end of the stick.
All in all though it’s another of those learn and move on.
Sadly though this is a very common issue these days. Unscrupulous employers are taking on staff, often not so much at the trainee end but certainly middle management. They then sweat them for as long as it takes to get a department or set of procedures in place and running properly and drop them as soon as this is done or they are at 11.5 months employment.
It’s all about saving money in the main at this level as things can go on with what has been put in place for 3 or 4 years before they have to be dragged back into current spec. and they don’t see the point in paying someone to oversee and refine what they only see as a cost centre.
Sensible on one level, criminal if you are on the s
ty end of the stick.All in all though it’s another of those learn and move on.
Has a positive reference been agreed?
If not, my advice would be to go through the appeal process and put in an employment tribunal claim for 1 month's notice which was not paid (as it is normal for a position at that level). If there's any bonus payment as part of the job which you may have received had you been there longer, claim this as well.
It will cost them a lot to go to a tribunal so they will probably agree something. Make sure this includes a reference (ideally using a form of words you have written).
If not, my advice would be to go through the appeal process and put in an employment tribunal claim for 1 month's notice which was not paid (as it is normal for a position at that level). If there's any bonus payment as part of the job which you may have received had you been there longer, claim this as well.
It will cost them a lot to go to a tribunal so they will probably agree something. Make sure this includes a reference (ideally using a form of words you have written).
Deva Link said:
Unless he's black or gay etc there's absolutely nothing he can do.
A friend of mine was being unfairly treated at work, so simply asked in front of HR if it had anything to do with his sexuality, the trouble stopped very rapidly. No questions were asked about his sexuality, and he is in fact straight 
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