Dismissed - now what?

[Ginisalwaystheanswer]

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.

I had a month notice but had been somewhere five years, so statutory notice for that is five weeks pay, according to an employment solicitor I saw.

I don't know the rules, but as you've been there 15 years, your statutory notice will be higher than one months' pay. And statutory trumps contractual notice (it's whichever is higher). So at the least they owe you 15 weeks of pay I reckon

I'm sorry OP, it must be a very worrying time for you.

I work in HR and in short, yes... it's perfectly legal to dismiss someone on performance related issues. It sounds like they've followed procedures if you have been on Performance Improvement Plans and have failed them. Did you feel that they were clear? You knew what was expected of you and had the right support and training? The timelines were realistic? If not, then I would speak to ACAS. They are extremely helpful and free to contact.

If your notice period is one month and they've paid you in lieu of that then yes, that's correct. Did you have holiday you hadn't used (pro rata for when you've left in the year?) They should have paid you that too.

Have you agreed a reference with them? Normally you'd expect to agree some standard wording for a reference confirming dates of your employment and your job title(s) etc. The basic stuff but that's all most references are nowadays anyway so nothing unusual for new employers to read.

I'm really sorry to hear you're upset, it must be dreadful for you. Take tomorrow and the weekend to rest as much as you can and decide if you want to speak to ACAS. Then get your CV out there next week with recruiters and look at job sites. You will be ok and will move on from this but it must be a hard way to leave an employer.

@ThreeRingCircus See above. I spoke to an employment solicitor recently as HR thought my notice pay was a month. I'd been there five years and statutory for five years is five weeks' notice pay. So they owe OP more than a month of notice with 15 years of service - even if she has just one month notice in her contract, the statutory amount owed will be higher than that

Apologies, I just saw that OP had been there 15 years. In that case yes, statutory notice is usually one week per year worked and even if your contractual notice is one month they can't pay you less than statutory. The ACAS website will have lots of info on this so do follow that up with your employer.

Found this OP https://www.gov.uk/redundancy-your-rights/notice-periods#:~:text=The%20statutory%20redundancy%20notice%20periods,for%2012%20years%20or%20more

You're owed 12 weeks statutory notice pay

She hasn't been made redundant she's been dismissed. Sounds like performance managed out.

Speak to ACAS, as a bare minimum if you have been there for 15 years, then you are have a statutory entitlement to 12 weeks' notice pay regardless of what your contract states. You also have the right to appeal your dismissal. ACAS will liase with your employer on your behalf for free.

Were you given any formal warnings prior to the dismissal? Performance improvement plans usuallly take around six months from inception to dismissal, and it should have been made clear to you what you needed to do to meet objectives, and you should have been provided with additional support and training.

For legal advice, a lot of solicitors will give you a free consultation and may take you on under a no win no fee arrangenent if they believe you have good prospects of at least getting a settlement.

@Shallana makes some very good points.

You should definitely be speaking to ACAS.

Do you have insurance house contents insurance I claimed through them when I lost my job and I received a good payout. They cant just sack you you have given them many years.

Yes I know. But the point is even if you're dismissed you have to be paid your notice period.

Statutory notice period is calculated in this way - for 15 years service you have a statutory notice period of 12 weeks.

The link just shows how statutory notice is calculated based on length of service.

Your notice period is per your contract. What McCactus has referenced is the statutory redundancy notice period, and it only applies in redundancy situations.

No, that’s not correct. It’s the statutory notice period, no mention of redundancy. s86 of the Employment Rights Act 1996 if you want to see it for yourself.

@CinnabarRed No it doesn't only refer to redundancy situations.

Here's an Acas link https://www.acas.org.uk/notice-periods/notice-when-being-dismissed-or-made-redundant which explains how much notice pay you're entitled to if you're dismissed.

OP is entitled to 12 weeks pay.

OP - I would send your employer that ACAS link and explain you're owed more. If they don't pay it then it's probably time to have a meeting with an employment solicitor to explore your options

Thank you - I stand corrected.

If you intend to appeal then you should do so immediately, as some employers give a limited time to do so (around 5 days from the date of dismissal). The person to appeal to is usually senior to the person who dismissed you, so if a manager it would be their manager. Alternatively you can write to your HR department stating you wish to appeal and your reasons for it.

@ThreeRingCircus has given some good advice. I believe that you should expect an outcome letter detailing how they reached the decision and how to appeal. This may take a week or so to prepare (well it does in my industry). If you decide to appeal you need to be clear why and what part of the process has been unfair.
I would have a think about the PIP's, was support offered, did you have opportunities to ask questions about the process?
I believe the link about 12 weeks notice is not relevant and only applies to redundancy situations.
Sorry you are going through this.

Thank you to those who have given helpful and constructive responses, I appreciate it.

I have spoken to ACAS, who confirmed that I’m due a minimum of 12 weeks statutory notice pay. My employer are trying to tell me it’s 1 month, so I WILL be contesting that with them.

My whole point is that they basically just told me I was dismissed and that was it.
No formal letter, no advice on how much I’ll be paid, no P45 etc. NOTHING.
I’ve since been told 1 month pay, I have 5 days to appeal and they are going to get the hearing meeting notes to me.

I’ve been looking for new positions already, and am trying to stay positive.

please, if you have nothing helpful to add, scroll on. I already feel shitty enough. Thank you.

It is possible the OP has justifiably had her employment ended. How on earth do any of us know one way or another?

Obviously it’s still very upsetting, whether it was justified or not.

I’m glad you’ve spoken to ACAS.

I believe the link about 12 weeks notice is not relevant and only applies to redundancy situations.

The 12 weeks notice is for any dismissal other than gross misconduct. As @Sewannoying said, it’s in this piece of legislation: https://www.legislation.gov.uk/ukpga/1996/18/section/86

Not according to ACAS. I am owed 12 weeks pay. Unless gross misconduct. Which it wasn’t

I do think if your employer is being this intransigent then you aren’t going to win an appeal, regardless of its merits.

Are there any agencies in your sector that might offer something like an interim contract to tide you over until you find something permanent?

Good luck, Op.

OP try and get them to agree to a standard "Gin worked here from x until y" reference. Get it in writing.

You won't receive a P45 until your last pay has been run, I'd assume the next pay day. In terms of a formal letter at my old job our letter would be sent in the same envelope as the P45 at the end of the month.