Advice needed please(3 Posts)
No idea if one of my bosses is a MNer but I need advice so will have to risk it.
In a nutshell - been in job since end of June, although it is same job title as 2 prev jobs the actual business is quite different. Bosses were well aware of this when they took me on. The lady I replaced did about 11.5hrs/wk more than I did - after an initial settling in period it became apparent to me that the workload was not doable within my hours. Therefore I have not been on top of the workload.
This has caused me stress and anxiety leading to me going back onto ADs after having a week off in September - I was the only employee and so there was nobody to do any of the work whilst I was off, and it was a complete nightmare when I returned. I have made several mistakes at work. Had a 6 monthly review meeting at end of Jan at which a few areas needing improvement were raised. I have worked really really hard on all of these and believe I have improved.
Today I was called in for a review meeting and sacked. No verbal/written warning beforehand, just sacked. They (husband and wife team) have put me on gardening leave and are paying me until the end of the month (ie 1.5 weeks notice). They claim I am still in my probationary period, but none was stated on my contract, and I am on a 2 month notice period.
I believe there was no probationary period since none was stated. Ultimately as DH pointed out the job was making me ill and effectively due to the reduced hours I was set up to fail from the off. Their take is that I am incapable of doing the job role (which I have done successfully for 7 years with 2 previous employers) and should now look for a more basic job role (nice).
My question is, can they do this? Or should they be giving me 2 months notice and therefore pay? They say they have taken legal advice and there was no need for them to give me any formal warnings etc because I have been there less than 2 years, and that as I am supposedly on probation it is very kind of them to pay me up until the end of the month. Having done some googling I think the 2 year thing refers to me being unable to take them to a tribunal - ie they can do what they want with no fear of retribution. But according to DirectGov I am definitely classed as an employee and should therefore be given my contractual notice.
I'd be really grateful for any advice
As you've not been there long they are perfectly entitled to dismiss you for no reason at all if they like, however you are entitled to whatever notice period is in your contract. They can't invent a probationary period after the event, and can't give you less notice than they've committed to in your contract.
Failure to give the correct notice period is wrongful dismissal, so I'd suggest writing to them pointing out that no probationary period was applicable to your employment, that the contract they issued you stated you were entitled to two months' notice, and that failure to give you the correct notice of termination constitutes wrongful dismissal.
That will hopefully make them look up wrongful dismissal and then pay you your notice.
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