Just been fired- need some advice

[Intothefire]

I'm a long time lurker but never actually posted & on my phone so please stay with me.

I have been working for a small company for almost a year and have been told how well I've been doing. Then this morning my boss took me into his office and said he's terminating my employment. That I wasn't up-to-scratch and to go home. He'd pay my next months salary (only just been paid) and I don't need to go into work for the next month.

I have no contract, I have received no written or verbal warnings. I have pretty much resigned myself to thinking there is nothing I can do but I thought it would be worth asking if anyone on here knew differently. I am in shock & so upset just before Xmas.

Thanks in advance.

Intothefire - firstly, so sorry to hear this!

Get on to your Citizen's Advice Bureau for some advice - some online pointers here:

www.adviceguide.org.uk/england/work_e.htm

I am sure there are some HR types MN'ers, who will be able to give you good advice...however I am sure that not issuing you with a contract is breaking the law. I am sure (please someone help me out), that in the UK the employer must by law issue you a contract within 6 weeks of the comencement of your employment.

Thank you Rosie. I will head to CA as soon as I can.

As you have been employed under a year they can let you go without any explanation as long as they give you the correct notice or pay you your notice. Most written contracts require one weeks notice in the first year so actually you are probably better off without a written contract.
Not want you want to hear I know.

Agree with Lonecatwithkitten. You cannot claim unfair dismissal until you have been with the company for two years. If there has been discrimination, e.g. you have been sacked because you are a woman, the time limit does not apply.

Your employer does not have to give you a contract. They should have given you a written statement of employment particulars within two months of you starting work but this does not have to be a single document. All this has to contain is the business's name, your name and role/title, how much and how often you get paid, your hours of work, your holiday entitlement and your place of work. It must also tell you where to find out about sick pay and procedures, grievance procedures and disciplinary procedures. Some employers include all of this information with the offer letter.

Employers often use the trick of greeting rid of people before there can be a claim made. Sorry it must be an awful shock. Go and find yourself a better place to work. Do get some proper legal advice as well - you need to ensure a fair reference etc. also you might be able to get agreement to 'resign' as this will make job hunting easier. Good luck. It's not you. It's them.

No expert on this, but re poster above saying about agreement to resign - wouldn't that affect any benefit claim, as resignation is voluntarily giving up work? So just look into that more.

Yes potentially it could affect a benefit claim, but the poster may not be going to claim. Additionally if you were forced to resign the DWP should accept this.

No, no, no. It's not as straight forward as that.

Firstly, if you've been working there 'almost a year' then you started working for the employer before April 2012. That means that unfair dismissal can be claimed (if proven) after just 1 year of service.

Secondly, what will be crucial is how close to 1 year the service is.

If, after your one-month's 'gardening leave' (ie. the one month that he has said he will pay you but you do not need to work) you have one year's service, then you are entitled to claim unfair dismissal if you meet the other criteria.

Don't think the OP has said she has resigned, only that she is resigned to not having any legal redress. Which would be correct. If you have been given the correct amount of notice (in accordance with your non-existent contract) then you have no claim unless there was discrimination.

OP, I know you were probably shocked, but did you ask about a reference?