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Sacked for performance with no warnings?

13 replies

foodiefil · 01/05/2017 13:44

Started working at company in June last year. Have exceeded targets in many months but had a bad month this month and was 'let go' last week because of performance issues having had no warnings or opportunities to develop.

A few weeks ago I raised concerns that a male colleague who hasn't hit targets and had been promoted was being given favourable treatment. Was told this was a business decision 🙄 wondering if I've ruffled feathers here...

They're giving me one month's pay.

Do I have any rights?

OP posts:
foodiefil · 01/05/2017 13:44

Nothing in contract to say termination can be because of capability

OP posts:
SuperPug · 01/05/2017 13:46

They will argue that you are still under probation.
If I was you, I would definitely fight this. If you can, keep a clear record of how you've hit and exceeded targets. Do you still have access to work account etc.?
I would think they are also obliged to give you warnings etc if they were not satisfied with your performance ?

AgentOprah · 01/05/2017 13:47

Unfortunately you have no rights. They can sack you for any reason that isn't race/sex etc discrimination.

StealthPolarBear · 01/05/2017 13:47

I don't think you have any come back sorry :(

SuperPug · 01/05/2017 13:47

Print out anything re: your comments on favourable treatment given to another colleague.

AgentOprah · 01/05/2017 13:51

SuperPug are you advising the OP fight it because you believe she has been illegally discriminated against?

AgentProvocateur · 01/05/2017 14:11

You've been there under two years so you have no rights st all unless you think you've been sacked due to a protected characteristic - gender, disability, age, religion etc.

foodiefil · 01/05/2017 14:59

Yes thought so. I did speak to HR about an arse hole manager who got drafted in and was bleating on about wanting to hire 'fit young graduates' etc but that's probably not enough

OP posts:
ImAllShookUp · 01/05/2017 15:01

You have absolutely no rights until you have been there for two years. They can let you go for any reason before then.

SuperPug · 01/05/2017 15:39

Agent, can't really say as I don't know the whole situation and definitely not an expert on employment rights.
Similar experience from a close friend who was able to show she had been dismissed unfairly. But it does seem you do not have many rights during a probation period.
Sorry OP, it sounds like a horrible situation.

daisychain01 · 01/05/2017 15:56

All I can suggest is to send HR/ payroll an email to see if they will be prepared to make your 1 month's salary an ex-gratia, as you will get it free of tax.

Also make sure they give you a reference on their letterhead, to vouch for your good character and good attendance record, if they are prepared to. You can always explain the short time by saying they were making redundancies and you had to be let go.

Notmyrealname85 · 01/05/2017 16:00

Remember, HR might hate that guy too but they represent the company - so once you've been told to leave, they're not your friend

daisychain01 · 01/05/2017 17:26

A probationary period is a misnomer. You have no greater rights after a successful completion of probationary period. Companies tend to differentiate with the notice period by saying it's 1 week either way during probation and then 1 month upon successful completion of probation. When all said and done, 2 years is the target to aim for as it gives you full employment rights.

In Corbyn's 20 point plan, you'll notice he mentions having immediate employment rights from day one, rather than having to work for 2 years. He maintains it would deter the ability to just sack someone at will (like in US), but then you'd get an increase in Performance Improvement plans Sad which are very unpleasant.

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