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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:
MargosMangos · 20/07/2023 19:47

Ginisalwaystheanswer · 20/07/2023 19:38

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

Report it @Ginisalwaystheanswer and good luck
No you weren't @tweener

Ginisalwaystheanswer · 20/07/2023 19:48

Jane1727 · 20/07/2023 19:42

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.

I don’t disagree with most
of what’s being said. I will appeal internally and try to get some answers, but am unlikely to go down the legal route.
I WILL be ensuring I get what I’m entitled to - 12 weeks notice pay. They are trying tell me 1 month. For 20+ years service (yes, I am trying not to give away my identity!)

OP posts:
GoodChat · 20/07/2023 19:56

What is your basis for appeal, OP? Do you think their findings of you failing your PIP were unfair?

Interested in this thread?

Then you might like threads about this subject:

PinkIcedCream · 20/07/2023 20:01

Please check your house insurance and see if you can get some proper legal advice.

The fact that your ex employer was trying to pay you 1 months notice says a lot about the likelihood of them having followed the proper procedures in the performance review processes.

A good friend of mine won a decent payout and secured a new job with a different company set up by an ex colleague after his father-in-law got involved. His FIL was a Barrister specialising in employment law but his employers weren't aware of this as he'd never mentioned it to anyone. He wiped the floor with their incompetent HR dept. and they had no choice but to pay him off to save going to court.

L1ttledrummergirl · 20/07/2023 20:04

Ginisalwaystheanswer · 20/07/2023 18:53

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.

Your appeal will be around policy and process. Do this ASAP.
Start with a simple letter:
Tell them you intend to appeal the decision and ask for:
a copy of the performance improvement plans,
minutes of the meetings where these were discussed
A copy of the capability policy
A copy of the disciplinary process
Minutes of the meetings where your performance was discussed under the disciplinary process
Evidence of your poor performance.

Send it via tracked delivery and keep the receipt.

Get this done quickly before you get timed out.

Second job is to contact ACAS, union if in one, and/or legal advice. Some bank accounts have this as part of your benefits. If not, contact citizens advise bureau as they can help. Again, do this quickly so you don't time out.

Be mindful that you may only be able to collect benefits for a short time, if at all, as they may decide you made yourself intentionally unemployed due to underperforming.

From what you've said, there was no process followed regarding performance issues so they will have broken employment law, you just have to prove this and a lack of a paper trail will help.

This might help.

https://www.acas.org.uk/disciplinary-and-grievance-procedures

Disciplinary and grievance procedures | Acas

How workplace disciplinary and grievance issues should be handled.

https://www.acas.org.uk/disciplinary-and-grievance-procedures

FormerlyPathologicallyHappy · 20/07/2023 20:10

Good luck. I hope you get your 12 weeks and a new job.

It happened to my dn and he’s flourished since.

DMLady · 20/07/2023 20:45

OP, not the same thing, I know, but when I was made redundant, it came out of the blue. I kept a journal for the first few weeks, and although I felt similarly to how you’ve described initially, it didn’t last for long. Which is a really clumsy way of saying that it will feel awful and demoralising to begin with (I cried ALOT) but it will get better. I know that doesn’t help with the practical side of things but I just wanted to reassure you that it might feel terrible now but that doesn’t mean it always will. Good luck.

BBQlover · 20/07/2023 20:57

Very sorry this has happened to you. Sorry if this is too late for you OP, but this can happen to anyone and is why everyone needs to be in a trade union. They will have your back. They will advise and represent you at appeal; they will provide legal advice and representation at an employment tribunal, for free.
Best of luck.

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