DH workday annual leave underwent termination balance

[terminated2024]

DH underwent a PIP and was told during a PIP review meeting that he had failed the PIP (no review, just told that it was based on feedback from 'stakeholders') and it was being moved to Performance management Panel who would decide the outcome. Yes he can be fired but that is one of the list of different outcomes i.e. no action, extend PIP, first warning, second warning, termination. He was not told he was going to be fired.

However he has logged into workday and it states that the balance has been adjusted- action is called termination adjusted balance. And its dated on the day of PIP review meeting

He has lost his job hasn't he. but why have they not told him formally.

DH thinks it is to frustrate his unfair dismissal claim as there is a 90 day period where you can file the claim.

Good,

then it is just a very odd IT thing. Maybe he never noticed because he wasn’t scared to be teeminated?

they most defo would have said something and notified it properly. It might just be a little bit of a bumpy road but not the end.

good luck 🌺

Has he asked someone who he works with what theirs looks like?

Unfair dismissal for what? He’s worked there for 9-months, unless he is sacked for a protected characteristic, he has no leg to stand on. Sorry.

I think I'd be asking for an HR Advisor to be putting all of that in writing in an email... Even if he does get another job!

What country is this? If it’s the UK there are various grounds for unfair dismissal, it isn’t just discrimination. By the sounds of it he would be able to appeal via the company’s own HR procedure on the grounds that they haven’t followed their own published HR processes. If he lodges an appeal with HR he might be able to get around the fact he hasn’t been there long enough to go to a tribunal. If they are sacking him he at least has the right to know why - vague mumblings about stakeholders is nonsense. I successfully appealed against dismissal on the grounds the company hadn’t followed their own published procedures, got my job back, which then gave me the chance to negotiate voluntary redundancy. I’m guessing hubby isn’t a union member so you need to talk to an employment law solicitor. But check out the legal situation as it stands in whatever country you live in - don’t take MNs word for it. You may well have more rights than you think.

Also check your DHs contract. I’m guessing there’s a notice period for dismissal on there. This ‘computer malfunction’ could be an attempt to disguise the required period of notice.

He needs to make sure he has screenshots of the workday system stating the balance has been adjusted - action is called termination adjusted balance. He could use it during any exit negotiations to increase his 'pot' and or support of any unfair dismissal claim. They are obligated to inform him either during the PIP process or in written communication.

Genuine question - what bearing do you think him appealing has on the two year statutory qualifying period to bring an unfair dismissal claim?

The only claim I can think of is a wrongful dismissal claim if contractual processes weren’t followed.

Technically he doesn’t have the legal right to know why he has been sacked either. That’s a two year right too (the right to a written statement of reasons).

It sounds to me like the managers have instructed HR to terminate (prematurely) and he should screen shot this and write an email copying in everyone asking why this has happened. They will need to explain why. He can argue that the meeting was to decide the outcome of his PIP however it clearly has already been decided.

I’m not an expert, but there are various legal regulations covering workers rights that all companies have to abide by. A published dismissal process would almost certainly count as contractual T&Cs, but I would expect these things depend on the size of the organisation and a million other caveats. At the moment it would appear he has no right to go to a tribunal, but there are circumstances when the 2 year qualifying period is waived, eg if he is being sacked for belonging to a political organisation. I doubt that applies either, but only the OP and DH know the full circumstances. If they feel it’s worth it then they should consult an employment law specialist, or at least go see Citizens Advice. Either way if he can negotiate a better leaving pot and not have a sacking on his employment record then that’s better than even the appearance of being sacked for incompetence. If HR and his manager haven’t done their jobs properly then that will in turn reflect poorly on their job performance, so they will want to deal with that one quickly and quietly. Some organisations are very protective of their reputations, so if he has grounds for a civil prosecution that could scare them. Ultimately they need to find out what their legal rights and options are otherwise the company will walk all over them.

OP should check out the situation re benefits as well. If DH is being sacked for allegedly making mistakes then the DWP will view his subsequent unemployment as his own fault and that will delay any financial support and benefits he might otherwise be entitled to. A no fault reason, such as redundancy following departmental restructuring, looks better on paper for a multitude of reasons. But fingers crossed 🤞 it’s all a computer error and gets sorted out when the relevant manager gets back from their hols!