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To bring an employment claim?

133 replies

CheeseonTwats · 22/08/2017 12:20

Apologies it's a long one.

I was fired on the spot from my job last week. It's all still very raw. It was a good job I planned to stay in for a long time. I had been there just over a year and really enjoyed it.

The only difficult part of the job was working with a colleague who openly despised me from day one. Although she never made it clear why, I put it down to the fact that I was more qualified than her and younger but had more responsibility. She made regular attempts to undermine me and sabotage my work.

It all got very heated on a Friday. She'd made an error which I had to fix and when she asked why I'd interfered and I explained, she became irate. She screamed in my face and told me she would get me fired because she was sick to death of seeing my face. Unfortunately no one was around to hear this as it was after everyone had gone home.

I planned to go in early on Monday and report her to the boss as I was very shaken by the encounter. When I arrived the boss was in meetings for two hours. I then found out that she'd been out with my colleague for coffee for an hour before the meetings, which is unheard of.

After her meetings, I was called into the office via phone. The boss's secretary was there to take notes. The boss said she was really disappointed in me because she had heard that I'd told my colleague no one liked her and not to bother coming back to work (untrue). Colleague now felt like she couldn't work with me and threatened to leave. Boss said as colleague had been there longer (3 months longer) I should be the one to go.

I was in utter disbelief and asked for clarification if I was being fired. Boss said 'yes there's no other option but we'll pay you your notice period if you leave the building immediately because Colleague has her things packed ready to leave if you don't'.

I wasn't given the opportunity to give my side of the story as I was escorted out. I then received a Facebook message from colleague that said 'told you I'd get you fired Smile'.

I called acas who told me to check my contract. It says 'all employees are subject to disciplinary procedures outlined in the staff guide.' I got hold of the guide and it confirms that all employees, regardless of length of service and including staff in their probationary period will be subject to the procedures outlined. It then has a very clear structure for both misconduct and gross misconduct that wasn't followed at any stage.

Acas have told me I have a claim for wrongful dismissal based on them not following their own guide and not offering me a representative.

I now have to write to them but I'm so exhausted by it all I'm questioning if it's worth putting myself through it.

What would you do?

OP posts:
TieGrr · 22/08/2017 12:57

People are confusing unfair dismissal (needs 2 year service) and this case which is breach of contract (don't need 2 years service). Be careful op it's not great getting legal advice here.

This. IANAL but it doesn't ring true to me that you have no rights in this situation. They didn't follow their own disciplinary procedures.

DP was in a similar situation. He was initially 'let go' but was able to appeal because they didn't follow the disciplinary procedures. They wouldn't keep him on but they did pay him for a few months to allow him time to find something else, and provided a reference.

Ledbury · 22/08/2017 12:57

do you have legal cover on your home insurance - why do people insist in asking this question. Legal cover with your home insurance is for your home! legal cover on your car insurance is for accidents relating to the vehicle!

Go and see a solicitor ASAP and gather together all the evidence you have of the colleagues contact with you. Write a statement now about what happened so it is fresh in your memory and email your employer to ask them for the minutes of the meeting in which you were fired.

SocksRock · 22/08/2017 12:58

Not true Ledbury, my home insurance include a legal helpline that advises on all sorts of stuff. I've had employment advice and advice about a neighbour dispute from them.

Goldenhandshake · 22/08/2017 12:59

Sorry, I meant case for discrimination based on age. Particularly as they have used her longer service as an excuse for sacking you, and if she is significantly older (hinted at in your OP but you need to specify), you can use this as grounds.

Ledbury · 22/08/2017 12:59

searocks neighbour dispute would be covered under home insurance, i have no clue why they would offer employment advice though

Caenea · 22/08/2017 13:02

Length of service makes no difference at all in an unfair dismissal case unless you are specifically told you are on a probationary period which is dependant on your work.

In this case it would make absolutely no difference at all.

OP, I completely understand you not wanting to go back there, but you absolutely should pursue the claim. They have GOT to learn they cannot get away with this.

lilyboleyn · 22/08/2017 13:03

ledbury not true. We've made an employment claim using our home insurance legal cover.

ChocoholicsAnonymous · 22/08/2017 13:04

Definitely send the screen shot to the manager!

SocksRock · 22/08/2017 13:05

ledbury most home insurance legal advice will be similar to this, which is the policy I have. It is very very common for employment to be covered.

To bring an employment claim?
NeedsAsockamnesty · 22/08/2017 13:05

My home insurance offers a legal helpline as well it advises on all sorts of things the last one was SEN education

HeteronormativeHaybales · 22/08/2017 13:05

I wouldn't necessarily want to go back there, but I would pursue this. They cannot be allowed to get away with these methods. As someone above said, your manager is highly culpable too.

Write an account of exactly what happened when, with dates and times. Include the screenshot. Include excerpts from the staff guide which demonstrate that procedures were not followed. Include details like the manager going out for coffee with the colleague first thing (who told you that? Include their name). Take it to an employment lawyer and get them to write a letter as above.

Madwoman5 · 22/08/2017 13:07

Disciplinary procedures were not followed. "I heard" is hearsay and not admissible, your service exceeds your probationary period. The fact they were not willing to listen to your version, coupled with no witnesses to corroborate either story leaves them on the back foot if your performance record is clean too. Yes, it will be stressful. No, you should not allow them to do this without recourse. If you won, the ET could decide that returning into that environment is not possible and strongly suggest they settle. Check your house insurance for legal cover and follow the steps detailed in your employee handbook/contract to the letter. Firstly, contact your bosses boss (if there is one) and lodge a grievance. This has a process of it's own and they cannot ignore it. Your grievance is that correct disciplinary procedures were not followed. Ask for a response by x date (should be in your contract). If they do not respond with a hearing date or next moves, this is ammunition for the ET. Record date and time every time. Try and keep emotions out of it (hard when you are raw) and get some advice and support. That should be provided by the legal helpline your insurance provides.. get on the internet and research unfair dismissal. Quote policy from employment law when communicating with them. You must stand tall and refuse to be intimidated by them (ohhh they will try!). Good luck.

Snausage · 22/08/2017 13:08

I would definitely take it further, OP. It sounds very much like unfair dismissal. All claims of misconduct must be investigated and that was not the case here. You even have evidence for your own claim.

All things like this are stressful but, for your own peace of mind and for the sake of your career, I would go that route. Word gets around, so if you look for a job in the same field, I'd be concerned that it may become known in your industry that you were dismissed because of misconduct. If the matter is investigated properly, you might even find your boss gets rid of the real bully and asks for you to return.

For the sake of your own professionalism, I sincerely hope you choose to take it further.

Misstomrs · 22/08/2017 13:15

Qualifying period for unfair dismissal is 2 years in afraid, but if you have any protected characteristics covered by the equality act that you think had a bearing you could make a claim.

I would write a brief letter outlining what occurred, the short comings in terms of their behaviour relative to their policies, and suggest that you will pursue this externally as they have given you no internal recourse unless they will agree an appropriate reference and settlement. I would give them 14 days to reply. The HR department will bash some heads and possibly offer you a settlement.

PoppyPopcorn · 22/08/2017 13:15

You'very very few rights unless employed for 2 years, unless you've been sacked for being a woman/gay/pregnant etc.

You have to look at the cost and benefits of taking them to tribunal. What do you hope to achieve? Is it about "getting your own back"? Do you want to be offered your job back? Or is it financial - do you want them to pay you what you're "owed", which is probably a month's salary? Is any of that REALLY worth the long drawn out stress of an employment tribunal?

Or would it be better to dust yourself off, draw a firm line under that period of employment and spend your time looking for something else?

Snausage · 22/08/2017 13:23

I disagree about the two years... That's the case unless a protected characteristic is mooted. I think that OP's age (being a causal factor in the bullying she has experienced) would qualify her.

MyheartbelongstoG · 22/08/2017 13:24

I'm sorry that happened to you op.

yes, yes go through with it and don't get legal advice here!

All the best to you and good luck.

Ginlovinglady · 22/08/2017 13:25

I think it's worth getting proper legal advice. The likelyhood is, you do have a case. You cannot fire somone with due process if they are past their probationary period.
If nothing else a letter from a solicitor to them (sent to someone higher up than either of the two involved) will illicit some kind of internal enquiry. Which is exactly what should happen.
They might offer you a small amount of money to go away. They will have to factor in what it will cost them to fight you and most companies don't want to go through the hassle.
They don't know how much you're willing to fight, so therein you have a small advantage.
I went through this. And I got paid a reasonable sum, didn't end up taking them to court. Same kind of situation
Too many people roll over with bullies and this is what she is.
That message she sent is beyond stupid, she's fucked herself right there

Ginlovinglady · 22/08/2017 13:26

Without due process!

BellaNoche · 22/08/2017 13:27

Some of the advice here is so wrong.
Stick with the ACAS advice and they have online info on their website to help also. People are mixing up unfair and wrongful dismissal. Madwoman5 knows what she is talking about.... spot on.
I am so sorry this happened to you.

There are some decent employment law firms who may act for you on a no win no fee basis...

flowery · 22/08/2017 13:29

I never understand why people seek legal advice on AIBU. You get all sorts of people who clearly have no clue at all screaming all sorts of nonsense inflammatory and irresponsible advice.

There is an Employment topic where people with employment law knowledge hang out, and also a Legal topic where employment specialists don't generally hang out but where you're more likely to get sensible advice than you are on AIBU.

BellaNoche · 22/08/2017 13:29

Sorry ginlovinglady x posted... spot on from you too.. sorry you had to go through this x

flowery · 22/08/2017 13:29

"You cannot fire somone with due process if they are past their probationary period."

Just one example of what I'm talking about. Absolute nonsense.

RedHelenB · 22/08/2017 13:31

Well they have fired the wrong person haven't they? Bet it won't take them long to realise That!

InvisibleLlama · 22/08/2017 13:31

Definitely, pursue this. I've had a similar situation with a very competitive colleague - it all boils down to jealousy. Some women are awful to other women. It sucks. Hate office politics crap.

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