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I got fired on Wednesday and their reasons really isn’t valid

85 replies

GotFiredAndStruggling · 29/09/2024 13:34

I don’t want to out myself so will try and put as little as I can on here but really need to speak to someone who knows the law from both HR point of view and legal one.

I will try Acas on Monday as citizens advice wasn’t really helpful and hopefully a no win no fee solicitor. I was so sick on Thursday and Friday and really couldn’t speak as my voice was literally gone. It still is but much better.

is there a way I can speak to someone on here for advice without putting my situation on this platform. I feel like I could have a case for discrimination and bullying.

Thanks

OP posts:
tryingagaintoday · 29/09/2024 16:04

If you work in a small-ish industry where people talk to each other, you could find yourself unemployable if you take a legal case. Its unfair but that's how the world works.

Bromptotoo · 29/09/2024 16:07

tryingagaintoday · 29/09/2024 16:04

If you work in a small-ish industry where people talk to each other, you could find yourself unemployable if you take a legal case. Its unfair but that's how the world works.

That. In block bold capitals.

And not just in smallish industries either.

Choochoo21 · 29/09/2024 16:21

Are you in a union OP?

Sorry I don’t have any advice but my union is fantastic and there have been issues at my work which they have helped me with.

I hope you can get it sorted and that you can find work.

For now, you could look into seasonal work as lots of companies with things like Royal Mail are desperate for people around this time of year.

Opensesameseeds · 29/09/2024 16:21

@GotFiredAndStruggling
I spent minimal time and energy on pursuing a settlement but the decent yet modest amount I got actually helped me to move on and not stay in resentment. So it was definitely worth it.

Conversely I had a friend who had years battling in tribunal and for the amount of money she got (18K) it wasn’t worth it. But then again I’ve heard of people take it to tribunal and come out with 6 figure sums!

So you just need to balance things out and figure out how far you’re willing to take it.

(Also at the other extreme I’ve had people not challenge anything then regret it for many years)

I also found employment immediately after in both cases. i’ve advised a couple of others friends in employment discrimination (although I’m not a lawyer) so feel free to DM me.

Good luck with whatever you decide , it will get better and one day this firing will be a distant memory!

Hididi11 · 29/09/2024 16:21

Ok
I'm going to give honest and blunt advice.
We should get taught this at school but we don't.

Always remember
1.HR WORKS TO PROTECT THE EMPLOYER NOT THE EMPLOYEE!
2 Never confide in HR

  1. No work colleagues is ever your friend. They will turn when and if they need to . They wont leave their jobs and stand up for you ( that's Hollywood bs that you think). They all have bills to pay and can't afford to take your side.
  2. Any topic of discussion you ever have with a manager- always ask for it via email. If they can't put it in an email then know that they are dodgy.
  3. Not sure your field of work. But, being a suck up and agreeing to stuff is what gets you promoted. (Try to find a company that is not like this)
  4. If everyone getting promoted looks beautiful and you realise that all the staff are female and flirty with the male boss run. You are not credited with your knowledge but far you are willing to bend.
  5. They always hire someone who is not as a good them so not a threat.

You may have been seen as a threat . You may have been better than the boss and his boss.
The rest of the staff will suck up to the bosses regardless of them saying to stand up for yourself.

Value yourself. sounds like it was a crap company and you were too good.

Dont bother with lawyers.
Find a new job.

GameOfJones · 29/09/2024 16:23

Hi OP, I work in HR. As others have said, this would be a very difficult case for you to fight.

Firstly, as you've been there for under 2 years your employer can fire you for any reason they like. They shouldn't, but they can. This is not the case if your dismissal is automatically unfair (you mention you think you were dismissed due to a protected characteristic such as your ethnicity which would be classed as unfair dismissal.)

In that case, then yes you could fight it, but you would have to prove this is the reason they fired you. What was the reason they have stated for their dismissal? What evidence do you have that you were discriminated against? I think it would be extremely difficult for you to prove after only 3 weeks of being there as there's not going to be much evidence for you to point to unless it was extremely blatant.

Before taking any case to tribunal you have to go through early conciliation (basically trying to sort it out between you and your employer through Acas.) Having been there only 3 weeks you would not be looking at any significant sum of money as a payout and that is if you were successful.

I would gently advise that this is not worth the stress of pursuing and your efforts will be better placed looking for a new job unless you feel like you have a rock solid case and the strength to fight it.

kookoocachoo · 29/09/2024 16:38

Shocked that you made decision to drive half blind - really selfish and irresponsible.

That is not your employers fault.

SemperIdem · 29/09/2024 16:39

I would certainly seek to appeal the dismissal, you will have a right to do so within a certain number of days. The decision will then be looked at again, by people who were not involved in the dismissal decision. They will likely meet with you initially so you can further outline the reasons for your appeal before taking the steps required to investigate and conclude. They’ll provide the conclusion in writing but may not meet with you again. From there, you can consider whether consulting a solicitor is a step you wish to take. It will also give the solicitor a greater understanding of their reasoning, should you proceed to tribunal.

It is categorically untrue that HR do not protect the employee @Hididi11. Everyone is an employee, remember. Their function is to protect the organisation from risk, which will often involve protecting employees from incorrect behaviours and sanctions.

I work in HR and have overturned decisions at appeal, I have found in complainants favour in grievances. I feel no pressure to “side” with the organisation I work for. My job is to be unbiased and assess the information presents or that I have gathered and follow the correct process to ensure the outcome is the right one.

redtrain123 · 29/09/2024 16:45

Bromptotoo · 29/09/2024 16:07

That. In block bold capitals.

And not just in smallish industries either.

That thought crossed my mind also. Three weeks - future employers could see you as a troublemaker , whether you win the case or not.

ItTook9Years · 29/09/2024 16:49

It is categorically untrue that HR do not protect the employee *. Everyone is an employee, remember. Their function is to protect the organisation from risk, which will often involve protecting employees from incorrect behaviours and sanctions.
I work in HR and have overturned decisions at appeal, I have found in complainants favour in grievances. I feel no pressure to “side” with the organisation I work for. My job is to be unbiased and assess the information presents or that I have gathered and follow the correct process to ensure the outcome is the right one.

Agreed. Most those that believe we exist only for the employer frankly couldn’t hack it. (Although HR shouldn’t be the ones making decisions about grievances or appeals, I assume you mean you’ve supported those decisions.)

Staunchlystarling · 29/09/2024 16:50

Hididi11 · 29/09/2024 16:21

Ok
I'm going to give honest and blunt advice.
We should get taught this at school but we don't.

Always remember
1.HR WORKS TO PROTECT THE EMPLOYER NOT THE EMPLOYEE!
2 Never confide in HR

  1. No work colleagues is ever your friend. They will turn when and if they need to . They wont leave their jobs and stand up for you ( that's Hollywood bs that you think). They all have bills to pay and can't afford to take your side.
  2. Any topic of discussion you ever have with a manager- always ask for it via email. If they can't put it in an email then know that they are dodgy.
  3. Not sure your field of work. But, being a suck up and agreeing to stuff is what gets you promoted. (Try to find a company that is not like this)
  4. If everyone getting promoted looks beautiful and you realise that all the staff are female and flirty with the male boss run. You are not credited with your knowledge but far you are willing to bend.
  5. They always hire someone who is not as a good them so not a threat.

You may have been seen as a threat . You may have been better than the boss and his boss.
The rest of the staff will suck up to the bosses regardless of them saying to stand up for yourself.

Value yourself. sounds like it was a crap company and you were too good.

Dont bother with lawyers.
Find a new job.

Words fail me. What a load of mysogynistic bitter hyperbole. Did uou really insinuate beautiful women only get promoted due to their looks? And that no company ever found against a manager?

there is a reason they don’t teach that nonsense in schools. I suggest you think hard why that is,

Bromptotoo · 29/09/2024 17:01

@Staunchlystarling Number 4 rings a bell. Guy concerned wasn't actually a bad judge of people but being blonde and female helped.

Clear memory of one occasion where a potential agency recruit was having an 'informal chat'.

Office doors had windows in them for fire safety so both boss and candidate were visible. Was walking alongside a much more senior colleague on way to the tea point after seeking her advice on a (not people related) problem.

The three words she said were 'not pretty enough'.

DannSindWirHelden · 29/09/2024 17:05

Staunchlystarling · 29/09/2024 16:50

Words fail me. What a load of mysogynistic bitter hyperbole. Did uou really insinuate beautiful women only get promoted due to their looks? And that no company ever found against a manager?

there is a reason they don’t teach that nonsense in schools. I suggest you think hard why that is,

No, she was quite clearly saying that if all the other women in a company are unusually good looking then that's a red flag, because the company is probably hiring them for their looks rather than their competence (whether or not they happen to also be competent).

Northernlass44 · 29/09/2024 17:06

Staunchlystarling · 29/09/2024 16:50

Words fail me. What a load of mysogynistic bitter hyperbole. Did uou really insinuate beautiful women only get promoted due to their looks? And that no company ever found against a manager?

there is a reason they don’t teach that nonsense in schools. I suggest you think hard why that is,

Nope she said if you work in a place that only promotes beautiful people then it's not down to what you can do she never said all places

Staunchlystarling · 29/09/2024 17:07

Bromptotoo · 29/09/2024 17:01

@Staunchlystarling Number 4 rings a bell. Guy concerned wasn't actually a bad judge of people but being blonde and female helped.

Clear memory of one occasion where a potential agency recruit was having an 'informal chat'.

Office doors had windows in them for fire safety so both boss and candidate were visible. Was walking alongside a much more senior colleague on way to the tea point after seeking her advice on a (not people related) problem.

The three words she said were 'not pretty enough'.

Yes but if we look around workplaces and senior management down, they aren’t all supermodels..so clearly you don’t need to be beautiful. Sure it happens, and sure it happened more in the past. But in my experience most employees mimic real life. All types.

Northernlass44 · 29/09/2024 17:08

I think its tonight or maybe last night on lbc they have an employment lawyer on one night uts a consumer rights person hhe other night uts an employment rights and he always asks if its yo do with ototected characteristics and you can prove it I think but he answeres questions one he always asks if you r part of an union

xyz111 · 29/09/2024 17:21

It's not "on file". Just don't put it on your CV. I'd be glad I didn't have to work there for any period of time.

SemperIdem · 29/09/2024 17:21

ItTook9Years · 29/09/2024 16:49

It is categorically untrue that HR do not protect the employee *. Everyone is an employee, remember. Their function is to protect the organisation from risk, which will often involve protecting employees from incorrect behaviours and sanctions.
I work in HR and have overturned decisions at appeal, I have found in complainants favour in grievances. I feel no pressure to “side” with the organisation I work for. My job is to be unbiased and assess the information presents or that I have gathered and follow the correct process to ensure the outcome is the right one.

Agreed. Most those that believe we exist only for the employer frankly couldn’t hack it. (Although HR shouldn’t be the ones making decisions about grievances or appeals, I assume you mean you’ve supported those decisions.)

Yes, supported. Careless wording on my part there. Especially given the leg work being done in helping people broad spectrum understand that HR are not the decision makers!

ItTook9Years · 29/09/2024 17:24

Daniel Barnett. He’s a Barrister.

Awwlookatmybabyspider · 29/09/2024 17:30

Lupeypoon · 29/09/2024 13:53

As you've been there fewer than 2 years you don't have a leg to stand on unfortunately. Employers can sack employees without following any kind of process before the 2 year mark - they shouldn't, but legally there is nothing to stop them. The exception would be if you were fired due to a protective characteristic.

Cut your losses and move on.

Well if for example Op experienced any type of discrimination and/or bullying due to their
race,
disabilities (be in physical or psychiatric)
sexual orientation
they do have a leg to stand on. You’re protected against discrimination from minute 1 never mind day 1.

Staunchlystarling · 29/09/2024 17:35

Awwlookatmybabyspider · 29/09/2024 17:30

Well if for example Op experienced any type of discrimination and/or bullying due to their
race,
disabilities (be in physical or psychiatric)
sexual orientation
they do have a leg to stand on. You’re protected against discrimination from minute 1 never mind day 1.

Absolutely, but it’s not as simple as that is it. She needs to prove it.

smalltoe · 29/09/2024 17:37

You really don't need to worry about a gap of a month or two. You could have been visiting family in your old country, taking an extended holiday or doing up a house. It really is not a red flag for companies.

kookoocachoo · 29/09/2024 17:39

One of my jobs - dept was 2 women 4 guys.

Hiring new assistant, the very attractive one was better all around. The other rather unattractive and less experienced, a bit odd.

We had secret ballots. All the men voted ugly because they thought would be “sexist” voting for the stunning woman. Women voted for the better quality (who was also pretty. )

We hired ugly based on votes, she was not a good hire. We had to fire her for just being awful at her job, snd saying inappropriate things.

During the meeting to discuss, they all admitted they didn’t vote for pretty one because thought others would say they were sexist.

works both ways.

Cherandcheralike · 29/09/2024 17:40

Do you have proof? I was always told discrimination can be claimed from day 1 and the settlement at employment tribunal is unlimited. If it's that blatant I'd say go for a compromise agreement, use it to fund a short sabbatical, and put that on your CV instead.

Awwlookatmybabyspider · 29/09/2024 17:50

kookoocachoo · 29/09/2024 17:39

One of my jobs - dept was 2 women 4 guys.

Hiring new assistant, the very attractive one was better all around. The other rather unattractive and less experienced, a bit odd.

We had secret ballots. All the men voted ugly because they thought would be “sexist” voting for the stunning woman. Women voted for the better quality (who was also pretty. )

We hired ugly based on votes, she was not a good hire. We had to fire her for just being awful at her job, snd saying inappropriate things.

During the meeting to discuss, they all admitted they didn’t vote for pretty one because thought others would say they were sexist.

works both ways.

What is ugly though. What is stunning. Every eye forms it’s own beauty and repulsion, doesn’t it.
Also do you stop traffic with you dashing and dazzling looks. Are you so perfect yourself

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