Suddenly Jobless - Advice please(10 Posts)
Last week my boss tried to fire me but I negotiated redundancy and I am now wondering if I should fight for more.
He turned up for work last Monday really angry with me as I had made a mistake in a piece of work I had recently done. He then said he was fed up with my attitude and as I had made a previous 13 mistakes he wanted me to go. He has never talked to me about my work and I have tried on a number of occasions previously to talk to him about how frustrated and bored I was.
I know I have not been working to the best of my ability recently and had been looking elsewhere (he told me he knew that) but I don't have anything lined up yet.
I know he couldn't fire me without going through a disciplinary procedure (there isn't one) but he wanted me to go straight away so he made me redundant. He has paid me 3.5 weeks statutory redundancy pay and my owing holiday pay but nothing in lieu of notice. I didn't have a contract but would have been expected to give him a months notice.
My questions to you wise women are 1) is it too late to fight for money in lieu of notice? and 2) what on earth do I say to new prospective employers about getting a reference from him as I really didn't go on good terms.
Any help very gratefully received.
If you've already agreed to the redundancy and accepted the pay then I think it is definitely too late to start negotiating for more money.
I have accepted the redundancy idea but not the settlement. He emailed me and told me what he was paying, I haven't as yet responded. When we were talking I was very careful not to agree to anything.
I disagree completely.
How long have you been working there OP? At the very least you are entitled to statutory minimum notice, and if you've been there longer than two years, the fact that you've (before seeking advice) accepted some 'redundancy pay' doesn't mean you can't claim unfair dismissal. You have presumably not signed any kind of settlement agreement waiving your right to bring any claims?
I have been there for 3 years and 5 Months and I haven't signed anything.
Ahh ok, I read it as though you had already agreed and accepted the payment.
In that case I would think you probably do have an opportunity to request a more reasonable settlement, although it does depend on how long you have worked there.
I'm assuming this was not a genuine redundancy situation and no proper redundancy consultation process was followed? And no disciplinary process for the work mistake?
You have been unfairly dismissed OP, and should be able to get way more than 3.5 weeks pay. YOu could go and see an employment solicitor locally who should be able to negotiate on your behalf. Or alternatively you could contact ACAS. If you were to bring a tribunal case you'd need to go through their early conciliation process anyway so you could just do that.
Alternatively you could respond to your boss's email saying that you do not feel he has grounds to dismiss you, there is no redundancy situation and no fair procedure has been followed, therefore you will be seeking advice and taking it further. He might then come back with a more realistic offer which you may or may not choose to accept.
Don't take this lying down though.
Part of what you/your advisor negotiate with him should include an agreed reference. If it is not a genuine redundancy it is still possible to agree that you will leave and negotiate a payment, reference etc under a settlement agreement but once you sign this you cannot go back and claim unfair dismissal.
I left a company after 11 months because my boss 'felt that I wasn't happy'. It was a bolt out of the blue and nothing to do with my performance. I think he just got up one morning and decided my face didn't fit. He very generously offered to pay me to the end of the month (3 weeks).
Advice I was given is that he was in breach of my contract. My part of the deal is to turn up on time, do my job to the best of my ability, etc, etc. His job was to pay me, give me time off, help me if I was struggling and basically look after me.
I asked for a meeting with him and the HR Manager. I took a witness and thrashed it out. Said that he had never asked if there was a problem or if I was unhappy and why. His actions were a complete lack of care on my part. In the end I got 3 months pay tax free and a decent reference. I was told that was a good result.
Employers will avoid going to tribunal as they know they will get the book thrown at them if there are problems and they have done nothing to address it. Although some fail to realise it, they do have a duty of care to their staff.
Thank you all for your advice. I will talk to ACAS and put a letter together later.
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