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Dismissed - now what?

83 replies

Ginisalwaystheanswer · 20/07/2023 10:08

I just lost my job on Tuesday. I don’t want to go into all the specifics, but it was performance related. I felt it was unfair, and was really upset and angry at the way the whole thing was dealt with. I’m hoping to appeal, but am awaiting details on that.

I'm now at almost 2 days later, (after being ejected from my employment of 15+ years) and have hardly heard a thing from them.

I need some answers and advice, just wondering if anyone can help with this sort of thing at all please?

I'm being told I get paid my notice period which is only 1 month. Does this sound right?

I've applied for JSA, but I’m feeling really lost to be honest 😔

Any advice would be greatly appreciated.

OP posts:
JazzyBBG · 20/07/2023 10:09

Get a solicitor ASAP. Or call ACAS.

PinkFrogss · 20/07/2023 10:12

Speak to ACAS, if you’ve worked there for 15 years you’ve got more employment rights when it comes to dismissal. Did they go through the entire managing performance policy - I’d try and get a copy of the policy if possible.

Have they mentioned what they’re going to do about your reference? If not, I would try and get them to agree to a basic one just stating dates and role. Get job hunting asap, as difficult as it is, putting it off will only make things worse.

HundredMilesAnHour · 20/07/2023 10:13

I'm sorry this has happened as it must be very distressing for you. Do you know what basis you're intending to appeal on? What details are you waiting for? Have you taken legal advice? You may be covered on your home insurance for this. But there are some employment lawyers who will give you 30 mins for free if they think you have a decent case (you usually have to explain the circumstances via email first and then they contact you if they can help).

Interested in this thread?

Then you might like threads about this subject:

LyingWitchInTheWardrobe · 20/07/2023 10:15

You've been there 15 YEARS and been dismissed for 'performance issues'? I agree with JazzyBBG, get some proper legal advice.

I can't imagine how you must be feeling though I completely understand that you'd be in a daze and feeling lost. I'm really sorry. Do you have family/friends that you can talk through this with whilst you're getting legal advice? Any who can take you out of yourself for a bit?

This is probably going to go on for a while as fact-finding takes place. Let it, that needs to happen. It's also probably why your company is not in touch with you, they're anticipating a legal fight.

I think you'll feel much better when you have a legal representative in your corner, less alone anyway. Maybe have a look at the 'legal matters' board to see if there are any similar scenarios posted there; not to take advice as such because you do need your own for your specific circumstances, but to make you feel less alone.

It's not over. Brew

ArseInTheCoOpWindow · 20/07/2023 10:15

They can’t just kick you out. You need warnings unless you were dismissed for gross misconduct

Ginisalwaystheanswer · 20/07/2023 17:34

ArseInTheCoOpWindow · 20/07/2023 10:15

They can’t just kick you out. You need warnings unless you were dismissed for gross misconduct

What would be classed as gross misconduct?
If I’ve failed performance improvement plans?

OP posts:
Ginisalwaystheanswer · 20/07/2023 17:38

LyingWitchInTheWardrobe · 20/07/2023 10:15

You've been there 15 YEARS and been dismissed for 'performance issues'? I agree with JazzyBBG, get some proper legal advice.

I can't imagine how you must be feeling though I completely understand that you'd be in a daze and feeling lost. I'm really sorry. Do you have family/friends that you can talk through this with whilst you're getting legal advice? Any who can take you out of yourself for a bit?

This is probably going to go on for a while as fact-finding takes place. Let it, that needs to happen. It's also probably why your company is not in touch with you, they're anticipating a legal fight.

I think you'll feel much better when you have a legal representative in your corner, less alone anyway. Maybe have a look at the 'legal matters' board to see if there are any similar scenarios posted there; not to take advice as such because you do need your own for your specific circumstances, but to make you feel less alone.

It's not over. Brew

Thank you, that’s helpful. I’ll take a look at that board.
(it’s been more than 15 years btw)
i think I’m a bit scared about getting legal representation in case it’s going to cost me a fortune, I don’t have the money to pay for it and nor does my husband. He’s been helpful and supportive, as has my sister.
God it’s just such a shit feeling.

OP posts:
SweetPotatoAndPeanutStew · 20/07/2023 17:38

A PIP should clearly state what you need to achieve/improve on by when - and with what support - to reach the required standard.

On face value, it seems reasonable that if you failed to meet the requirements of the PIP you could be dismissed.

What aspects do you feel unfair - for example do you feel you did in fact meet the standard, or you weren't able to because of lack of support/training etc?

Thebirdhouse · 20/07/2023 17:39

Ginisalwaystheanswer · 20/07/2023 17:34

What would be classed as gross misconduct?
If I’ve failed performance improvement plans?

We’re you in a new role within the company OP
Did you ask for the transfer to the new role?

StrictlyAFemaleFemale · 20/07/2023 17:40

Are you in a union?

Ginisalwaystheanswer · 20/07/2023 17:41

PinkFrogss · 20/07/2023 10:12

Speak to ACAS, if you’ve worked there for 15 years you’ve got more employment rights when it comes to dismissal. Did they go through the entire managing performance policy - I’d try and get a copy of the policy if possible.

Have they mentioned what they’re going to do about your reference? If not, I would try and get them to agree to a basic one just stating dates and role. Get job hunting asap, as difficult as it is, putting it off will only make things worse.

Thank you.
I've been looking for other positions already, and have contacts who are keeping an eye out for me.
I’m really not too sure about appeal grounds tbh but feel like I can’t just take it all lying down without at least a fight. If I can of course.

OP posts:
Readyplayerthr33 · 20/07/2023 17:41

It sounds like they managed you out. They put you on a performance improvement plan, you failed it, you’ve been dismissed.
Why would you expect to hear from them? You’ll get your final pay but there isn’t any reason for them to be in contact with you.

Upsizer · 20/07/2023 17:42

This may be terrible advice from a legal perspective but I honestly think in these situations it’s better to just move on if you can and not go down the legal route (unless they’ve followed no process at all). Can you cope with another year or two of thinking about it 24/7? I honestly have never seen anyone coming out of it feeling anything other than sad and miserable.

Have you had any support in terms of looking for a new job or a life coach?

ArseInTheCoOpWindow · 20/07/2023 17:42

Gross misconduct is like stealing or defaming the company,

PM: did you fail to meet all targets? You should be given help to meet your targets over a set period not just dismissed. How badly did you fail them?

drpet49 · 20/07/2023 17:46

Ginisalwaystheanswer · 20/07/2023 17:34

What would be classed as gross misconduct?
If I’ve failed performance improvement plans?

No it doesn’t. If you had performance improvement plans and failed them then they can dismiss you for performance issues.

drpet49 · 20/07/2023 17:47

Readyplayerthr33 · 20/07/2023 17:41

It sounds like they managed you out. They put you on a performance improvement plan, you failed it, you’ve been dismissed.
Why would you expect to hear from them? You’ll get your final pay but there isn’t any reason for them to be in contact with you.

This.

devildeepbluesea · 20/07/2023 17:47

God the cod lawyer advice on MN can be so damaging.
Sorry this has happened OP. The truth is without the full picture no one on here can say if you were unfairly dismissed.
Acas will be able to advise you initially, they should be your first port of all. They will however advise you to ensure you follow all internal procedures before filing a claim for unfair dismissal (I.e. appeal the decision, stating your grounds very clearly).

nebulae · 20/07/2023 17:47

I tend to agree with @Upsizer . Time to move on. Better to put your mental and physical energy into finding another job rather than chasing a lost cause.

FadedRed · 20/07/2023 17:50

You might have legal advice cover as part of a home insurance policy or similar e.g. motoring organisation membership etc. Worth checking if you have this before worrying about the cost.

PowerBMI · 20/07/2023 17:52

Op unless you believe your PIP or PIPs (you say plans so I am guessing it’s more than one) have been really badly handled, I wouldn’t pursue itS

It can be expensive, long and drawn out. If they have done several and you failed them all and they administered them correctly, there’s very little that can be done.

I take it you agree your performance was poor.

15 years in a job, doesn’t mean an employer will keep ignoring poor performance over a sustained period.

You won’t hear from them. They will pay you and that’s it. Did you discuss references?

I think you should take the weekend to really think about things. Give yourself a bit of time. It’s a big adjustment.

topnoddy · 20/07/2023 17:55

ACAS instead of a bunch of very random "experts" on here !

GoodChat · 20/07/2023 17:59

Do you think their assessments and reasoning for you failing your PIPs were fair?

Sewannoying · 20/07/2023 18:00

Regarding your notice period, as you have worked there for 15 years and are presumably an employee, your notice period is 12 weeks.

DinnaeFashYersel · 20/07/2023 18:04

Call ACAS tomorrow for advice. It's free. They will let you know whether it's worth pursuing this.

At the same time you need to sort out your cv and start applying for jobs. Because even if it's worth pursuing it will take months and you her to get in with looking for a job.

Sorry this has happened but on the bright side there is a recruitment crisis in many sectors and it's a job seekers market. Hopefully you will find a new job soon.

Worth registering with some temp agencies too.

rwalker · 20/07/2023 18:04

The fact that y say you’ve been on performance improvement plans and you’ve failed them by not improving
does indicate that they have followed procedures
highlight problem, plan of action , review performance
I think this is at the end of a long process not you’ve just turned up for work and they’ve sacked you there and then