Fired in Performance Review - is this fair?

[Rebecca75]

Brief summary. Single mother with 2 primary school aged children. Business development manager. Newish 1st time role - 19 months, got the job when I was getting divorced. Long working hours, often leaving at 4/5am to go to a meeting. Not meeting targets, however no training. Anyway I got a roasting on Friday over something that wasn't my fault, then got invited for a performance review on Monday afternoon - was in and out in 5 mins and fired on the spot. Being paid till Friday....

Unless they have shown discrimination, then yes, they can.

Although check your contract for notice periods.

Unfair possibly
Legally can they do it? Yes and without recourse due to your lack of service unless you can demonstrate discrimination

If you have been blamed for something that wasn't your fault and subsequently been fired because of it, then that might be considered unfair dismissal.

Did they tell you exactly why they were dismissing you?

It depends on the reason they have given for terminating your employment. You are also under 2 years service so that impacts your rights.

You say you weren't meeting targets, that's a pretty common reason to be let go in a sales role.

"00gostiwooz

If you have been blamed for something that wasn't your fault and subsequently been fired because of it, then that might be considered unfair dismissal."

Not without 2 years of service.

As you have under 2 years employment they can sack you for any reason so long as it's not discriminatory.

Check employees handbook for dismissal proceedure and notice requires2

Depends what you mean by “is this fair?”. Morally? Possibly not. Is it a fair dismissal lawfully? Probably, as long as you were given the correct notice period.

Fair? Probably not.
Legal?probably

They also advertised my job before firing me, when I challenged them they said the company was expanding and that it was for an extra person rather than to replace me.. Ah well...

That's underhand, but not illegal.

Your marital status and child status have nothing to do with whether or not they can fire you. It doesn’t change anything.

You didn’t meet targets and have less than 2 years service so it’s legal. Unless it was discrimination. But you should check what the notice period is as advised above.

Its interesting you mention so much of your personal life when it’s not relevant to your role or your dismissal. Instinct say that perhaps you relied on your personal situation as an excuse to not meet targets or complete the work to the expected level? Or maybe you were distracted by it to the detriment of the role?

With less than 2 years service they can sack you for any reason as long as not unlawful discrimination. I’m afraid you need to dust yourself off and get another job

Thanks. Yes a dusting down going on and on hunt for something new

Check your contract OP if it states they have to give you 1 months notice after firing you and have not - they have to pay you that months salary so check your contract .

I’m just wondering why a single mother with two primary aged children would take on a job that required a 4/5am start and what support you had to enable that? It sounds like the job wasn’t a good fit.