Possible unfair dismissal advice please!?

[HeadElf]

I've been unhappy at work for the past few months.
I've still been working hard and producing the same results (sales), if not higher.

This week I really had enough and applied for a few jobs and sent my CV out.
My boss (company owner) has found out and says I'm unloyal and wants me gone. He's told me not to come back in until Monday (I would usually work Friday and Saturday too) and to attend a meeting with him on Monday first thing.

Can he fire me for this? What are my rights at the meeting? Can I record it or have official minutes taken incase he tries to fire me unfairly?

Please help I'm so upset.

My understanding is that the notice period they have to give you counts towards your total time employes. So if you haven't yet been there 2 full years you would get 1 weeks notice.

If this Saturday is your last day then the one week would be added on, taking you over the 2 years required for employment rights to take effect.

Obviously don't mention this to them - you can discuss it further with ACAS tomorrow.

I believe your employment period includes your notice period, which would take you over 2 years, wouldn't it? I could be wrong. Definitely check with ACAS. It's really important that you do things the right way at this point to stand a chance with an employment tribunal, so get all the advice you can.

If all of the above is correct re notice periods, you may want to approach this in a different way. You could of course take it to tribunal but a quicker and less messy way might be to suggest that you come to a compromise. This would mean a pay off with a gagging clause to stop you discussing it or to further pursue action later.

That's a very good point about the notice period possibly being included. Can you ring ACAS first thing this morning? And as mentioned, keep it under your hat until you know for sure then decide how to proceed. Good luck 🍀

Definitely try Acas. Sounds like they engineered this to get you out inside two years. Check your home insurance. If you have free legal cover it may cover employment issues . Good luck and sorry this has happened just before Christmas.

OP, you don't deserve this, but unfortunately some employers don't appear to believe in being decent or following the law.

As well as ACAS, the Government website also has information - e.g. www.gov.uk/dismissal .

Can you check your contract for notice period, and also calculate if you have any outstanding annual leave etc. If they haven't done so already, you should ask for everything in writing.

Good luck.

Hello all, my weeks notice starts with immediate effect from today so will effectively end next Tuesday. They've been very clever, I suppose with the dates.
Their daughter was the only suitable colleague unfortunately, it was her or a Very new part timer. She took vague notes but I have been given a copy.

I feel so sad, I have been applying for jobs and did 1 interview last night which went well but no offer.

Ah so lost in all this.

Thank you all so so very much I will be contacting ACAS again.

They haven't been clever as they are breaching employment law!

Shocking. Phone Acas and keep us posted. I would be filing for unfair dismissal and see how they squirm!

Try to get a payment in lieu of notice if there is time, then you could leave immediately, and you'd get the in lieu money tax free.

Although I agree you may well have a case for unfair dismissal, just be aware that the tribunal route is long, arduous and expensive. Also the payout tends to be on average £9,500. If you balance it against the cost of taking to tribunal, you have to decide if it's worth doing.

Please be aware that constructive dismissal is very difficult to prove. Someone shouting at you (esp if it is only verbal and no witness) doesn't constitute constructive dismissal. You need a lot lot more to make that claim. Sorry

It's awful. If the least you can get is a printed reference in your hand on their Corp letterhead if possible, with accurate dates of employment and a positive statement re your good character, hard working and good qualifications etc, get it, as it is beneficial for your job search.

It is far more costly for the employer in tribunal setting even if they're insured for legal costs, it's in their favour to payout so it doesn't get that far.

If employer takes advice they should be told straight away they didn't even follow simple steps to initially set up the meeting - this makes them
In breach of employment law.

How awful for you but sounds like you have a case! What a dreadful employer.

I wish you the very best of luck.

They haven't been clever as they are breaching employment law!

No they aren't. As the OP has not completed 2 years with this employer she can only take the matter to tribunal if her dismissal is discriminatory or in certain other limited circumstances which do not apply here. She cannot take action for unfair dismissal. The process used by the employer is irrelevant.

OP - They have indeed been clever with dates. I'm afraid that means it is unlikely you can do anything about it. I'm really sorry.

I'd still take advice on this. They are trying to manipulate the dates to fall 24hours out with the 2year employment.

Also think of the fallout with future job applications. Unfortunately many companies are wary of people who have taken previous employers to tribunals, even if they have won.

How would future employers know?

Thank you for all the messages I'm honestly so grateful and trying to take it all in. I'm honestly not after a big payout, or any sort of financial gains here I just want fair financial security - at this point I'd be happy with a fully paid notice period if I can secure another job and just leave all this behind. As long as I can pay my rent and bills, the rest is unnecessary.
I've never felt so unstable.

"They are trying to manipulate the dates to fall 24hours out with the 2year employment."

How are they trying to manipulate dates?

The dates are what they are. There doesn't seem to be any suggestion that they've manipulated anything. They've obviously taken advice and as a result have given notice more than a week before the OP's two year anniversary.

It's awful for the OP but they've done nothing unlawful and from a commercial point of view if they'd decided they wanted to dismiss her, that's (for them) the best way to do it.

Er they are being very stupid. A qiick glance at tribunal guidelines suggests very clearly that avtuons taken by the employer to clearly try and divest themselves of responsibiliy by dusmissal close to the 2 year cut off will be regarded as indicators of unfair motives...

er. as they said you were 'disloyal and he wanted you to leave' before raising a disciplinary, it shows that there was a will to dismiss evem before the disciplinary meeting. the 'notice' is clearly the disciplinary sanction. you should refer to meeting as a disciplinary hearing withput notification, and the notice as dismissal.

They , asked you not to come in to work which will affect your ability to earn commission which is effectively a disciplinary sanction without investigation.

Remember you are a sales person. its your job to show them that you are hard, ruthless and negotiatie visciously for what you want. insist on reinstatement at a higher grade, or two years' compensation to rebuild your career and reputation.

Fuck with them OP! they deserve a bloody nose. Wankers.

They should NEVER be able to damage your career in tbis way.

Also get a job with a competitor and be clear in the interview that you want to kick these guys asses.. i used to work in mobile tele omms and sales people used to lift all their contacts..tell them that they went to say vodaphone because their deals were better, and sign.them all across
.. its what they secretly wamt to see from sales people..so give them.it!

Er they are being very stupid

No they are not. If an employee is dismissed without notice just before the 2 year period is up the tribunal can add on the minimum notice period to give the employee the necessary 2 years service. But the tribunal cannot override the law. If, as in this case, the employee is dismissed with the correct notice period and it is within the 2 year time limit the tribunal cannot look at an unfair dismissal claim.

Going to an interview and slagging off your previous employer is utterly unprofessional and stupid.

"Er they are being very stupid. A qiick glance at tribunal guidelines suggests very clearly that avtuons taken by the employer to clearly try and divest themselves of responsibiliy by dusmissal close to the 2 year cut off will be regarded as indicators of unfair motives..."

What does that even mean? A tribunal won't look at a dismissal just before the 2 year deadline and say that because it was close to the deadline that counts and it was unfair. Two years' service to claim unfair dismissal means two years' service, not 1 year and 50 weeks.

And as for this "insist on reinstatement at a higher grade, or two years' compensation to rebuild your career and reputation."

On what basis is the OP in a position to insist on those things?

Scaryclown, please can you point us towards the Tribunal Guidelines? What are they (is it something produced by ACAS?) thx

It was in an EAT outcome ie an apoeal meant that case could be heard.

The trick here though might to write to raise a grievance and insist the grievance is heard before you will accept notice.

oh Flowery, whilst its still a negotiation any position can be taken. A tribunal will cost time energy and reputation. i dont know how sensitive the conpany are to this. I do know that because they said they wanted her gone even though she hadnt committed a samctionable action, without investigation and that the punishment. .dismissal..has been effected without investigation. There was a will to dismiss unfairly even before any investigation/hearing meeting which seems 'natural justice' unfair..perhaps it might be tactical to see if ypu can get witnessed declarations of the fact the notice/dismissal is linked to 'sending cvs out' as the misconduct.