Termination, under 2 years employment
Discussion
Urgent question, if an employer wants to terminate employment, with under 2 years served, does that follow the standard route of performance plans? Or is it a simple case of good bye, here's a month's notice?
No gross misconduct involved.
No gross misconduct involved.
Edited by Puggit on Thursday 10th December 12:24
Puggit said:
Urgent question, if an employer wants to terminate employment, with under 2 years served, does that follow the standard route of performance plans? Or is it a simple case of good bye, here's a month's notice?
No gross misconduct involved.
Under two years they can just give you notice, unless you are a "protected group".No gross misconduct involved.
Edited by Puggit on Thursday 10th December 12:24
PM me.
Puggit said:
Just spoken to ACAS and it seems that 'best practice' should be followed, but is not legally required. If best practice is not followed then any award from a tribunal can be moved by up to 25%.
If you are not eligible for unfair dismissal then any deviation from required process is irrelevant as there won't be any award.
tbox.Thanks all - took your advice on board and resigned in order to protect some benefits as per my contract.
I'm expecting a contract tomorrow for another job (already had the verbal offer and accepted), so let's say it's not all doom and gloom.
Pleased to escape from the worst manager I've ever had, and I've had some stinkers!
I'm expecting a contract tomorrow for another job (already had the verbal offer and accepted), so let's say it's not all doom and gloom.
Pleased to escape from the worst manager I've ever had, and I've had some stinkers!
sounds teerrible.
Similar issue to me, as my role terminates 1 year and 11 months into the job. I am getting 3 months payout if I get 3 tasks done. Its not due to anything I have done apart from my role will be made redundant.
There is nothing can do apart from be thankful that they are paying 3 months worth.
Similar issue to me, as my role terminates 1 year and 11 months into the job. I am getting 3 months payout if I get 3 tasks done. Its not due to anything I have done apart from my role will be made redundant.
There is nothing can do apart from be thankful that they are paying 3 months worth.
Puggit said:
So after conversations with a couple of you I know well... Is it illegal to offer a 'resign or I fire you' ultimatum?
It might not be nice but not illegal. The alternative to resigning is to be terminated which by your previous statements they can do at will anyway without any come back. Regardless of whether it is illegal or not the Company like an individual can choose to break these and deal with any consequences later.
"Resign or be sacked" is, legally, equivalent to a dismissal. Having said that, with under two years continuity of employment, you have no claim for unfair dismissal. The dismissal might be a wrongful dismissal (ie a breach of contract), and you are protected by common law against wrongful dismissal from the outset of the employment, but the remedy for wrongful dismissal is limited to the equivalent of notice pay.
If you hold a statutory office, you may be able to obtain judicial review of a dismissal (as in the case of Shoesmith following the Baby P tragedy - Shoesmith was unfairly made the scapegoat and won her JR claim), but that has nowt to do with boggo employment.
If you hold a statutory office, you may be able to obtain judicial review of a dismissal (as in the case of Shoesmith following the Baby P tragedy - Shoesmith was unfairly made the scapegoat and won her JR claim), but that has nowt to do with boggo employment.
The qualifying period for an unfair dismissal claim has varied since the 1970s from (IIRC) three months at its shortest to two years at its longest. The Coalition upped it from one year to two, and also required employees to pay a fee to start a tribunal claim. This had the object and effect of reducing employee claims and empowering employers.
Puggit said:
So after conversations with a couple of you I know well... Is it illegal to offer a 'resign or I fire you' ultimatum?
Define legal...........Without knowing the circumstances, it is hard to suggest a valid cause of action. If however you were raising serious health and safety breaches.......
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