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.

@Ginisalwaystheanswer I read the Acas link afterwards, so apologies for getting that wrong. If you haven't had an outcome letter and you are expected to appeal before receiving this and the minutes, it doesn't sound like your organisation is following best practice. If you are in touch with Acas they can give you all the best advice and support. Good luck with whatever comes next.

Your employer is trying to get out of redundancy pay. You have to fight this do you have home insurance in that it should have family legal fees?

She hasn't been made redundant, she's been sacked. She isn't entitled to redundancy pay, only her statutory notice.

Is there a good reason why work was slacking if there is and it affected you you need to stand up for yourself and get proper advice.

Everyone always sides with the employee. If you failed all targets then clearly you weren’t all that great in this role and it’s time to move on to something different.

Not necessarily, OP has been there 15 YEARS. Sometimes it's additional duties added to the role that are unattainable, it may be a disability that has come on in later life that hasn't been supported. Perhaps OP hasn't had adequate training on new systems or been allowed time to get up to speed with industry changes.

There are loads of reasons. Some employers are shit and shady too.

Think about the long game, I doubt very much that you’d want your job back even if they haven’t managed you out correctly, so instead get them to agree on the wording they’ll use in a reference and whether you can say you left of your own volition, perhaps for a reduced notice period?

If youre being paid for your notice period you are still technically employed (even if you're not actually working) so I don't think you'll be entitled to jobseekers allowance/Universal credit until you're formerly unemployed.
If you feel you were not given sufficient support/training to meet the standards expected, or were just randomly told you weren't up to scratch you may have a case, but if you've been given a time frame to improve your performance and haven't reached those targets in the allocated time then I'm afraid it seems reasonable to dismiss you on the grounds that you've failed to meet your KPIs

I would definitely pursue legal advice they seem to be wanting to get out of paying too much. It should be much harder to remove someone of that number of years

Wow, thanks for that

So sorry that this had happened to you OP, but please just take the ACAS advice and ignore a lot of what is being said on this thread, which is very incorrect.

I hope that you get a good outcome.

I am interested to hear your ground for appeal bearing in mind that the OP says she was placed on a performance plan and didn't meet the performance requirements and was therefore dismissed.

If they were entitled to give only a month's notice I don't think it is always helpful to tell someone who will no doubt now be short on money to pay a solicitor. Not many places do a free 30 mins or 60 mins anymore.

It would be better for her to research grounds for a fair dismissal herself before stumping up cash to a solicitor.

(And I am a solicitor).

Ok so after your later posts it does sound like they've handled this badly.

Send them the ACAS link referencing statutory notice period pay and ask that you receive that money ASAP. If payroll has already been run then they can pay it to you through their finance team....you shouldn't be left waiting for it as you're entitled to that money. But that's an issue for them to sort.

If they just told you that you were dismissed and haven't put anything in writing then that's pretty rubbish. Of course, they may well be preparing the paperwork and letters now but it's totally reasonable for you to ask for an update on that. As I said before, make sure you ask for a reference to be agreed if you haven't already.

I think whether or not you want to pursue this via ACAS or with other legal representation depends on whether they have a valid reason for dismissing you and can show they put PIPs in place and you still failed targets....but they've just handled this bit at the end badly with your pay etc OR if they've handled the whole process badly and your performance plans were unfair or unachievable.

Thank you, I already understand that.

I applied for JSA on the basis that I was told I was getting one month’s pay and that was it.
I’ve since found out that’s incorrect. I wouldn’t expect to be receiving pay and benefits also.

If an employee isn't redundant and is in a position whereby they can be fairly dismissed they are only entitled to their notice, worked or payment in lieu.

Have you been in touch with your Trade Union?
ACAS are good for the legal advice, but your TU rep will probably have more experience with the company

Thank you, I understand that, and realise they can do this.
However my employer told me 1 month pay, which is incorrect.

They are TRYING to get out of !
Keep up @tweener 🙄

And yes it would be statutory notice of 12 weeks notice or pay in lieu of notice (missed length of service) not one month.

Thank you.

Thanks everyone and if there’s a way to close down this thread then I’d appreciate it.

They are TRYING to get out of statutory notice pay. This is literally nothing to do with redundancy pay. THAT was my point.

You're entitled to statutory notice in your case 12 weeks as ACAS have advised.
Have you been on any performance management process? Received clear messages about where you're falling short and given support to try bridge that gap?
Ultimately you can be dismissed regardless of how long you've been there as long as a fair process has been followed.
Your right of appeal should be from when you are formally given notice have they given you 5 days from today or from receipt of letter as without the letter detailing reasons for dismissal how can you the reasons for appeal.

What a shock op hope you're OK

They would owe you 12 weeks notice. Statutory notice increases with length of service up to a maximum of 12 weeks if you have 12 years service or more.
If they have followed the performance management process then they can dismiss with notice. My advice would be if you are goi g to appeal you need to clearly state the grounds, I.e failure to follow procedure, incorrect information, lack of evidence of poor performance. If the performance was poor and they followed due process then my advice would be to request the correct amount of notice and move on.

Speak to ACAS, do you think the PIP was fair? My dad was made redundant after working for the company for over 30 years, they then employed a younger son of the owner into his old position on less pay, he spoke to ACAS and they put him in touch with a kind of no win no fee type company and he won over 50k on top of his redundancy pay. So you don’t necessarily need money to pay lawyers to fight unfair dismissal.