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Everything posted by robskicardiff

  1. Hi there, I hope you can help as I have been researching employment law and seem to have hit a dead end regarding my circumstances. I was sacked/dismissed on Monday out of the blue without any formal disciplinary process being followed (NOT gross misconduct) The facts: Employed for approx 9 months full time- 2 sick days in the time period. Excellent attendendance etc Initial 1 month trial - verbally told I had passed so was made permanent full time No written contract/job description given to me but Vat registered company with payslips etc Full time in the travel industry, office based with occasional international travel In the 9 months I was not given any performance reviews or advised/warned that the work I was doing was substandard etc and no warnings/disciplinaries of any form. All was going smoothly - or so I thought I returned from a weeks holiday on Monday to be told at the end of the day that 'We are going to have to let you go because you are not doing your job well enough and coping badly with your workload' and asked to leave and that I would be paid until the end of the month etc etc There are no other mitigating circumstances/underlying issues, I was simply 'let go' on the spot without warning/oppotunity to improve etc. Now I know if I was continuously employed for 2 years I would have a cast iron case for unfair dismissal but all the literature I can find on this states that if under 2 years - I cant make a claim for 'unfair' and nothing I read clearly states what I can/cant do if under 2 years service. My employers have clearly not followed ACAS CODE OF PRACTICE ON DISCIPLINARY/GRIEVANCE and from the CAB website I have found the following text If your employer takes disciplinary action or dismisses you from 6 April 2009 onwards, they should follow the procedures which are laid out in the Acas Code of Practice on disciplinary and grievance procedures. They don't have to follow these procedures. However, if you decide to take your employer to an employment tribunal and you win your case, your employer could be ordered to pay you more compensation if they don't have a good reason for not following the Code. But everytime I find a positive bit of law/advice like this I cross reference and find that because I had been employed for less than 2 years its not possible for me to claim. Consequently, I would be grateful of some advice from someone 'in the know' hopefully someone on the legal profession specializing in employment law to tell me exact;y where I stand as currently it appears that as long as I have been employed less than 2 years, an employer can chew me and spit me out at their leisure which is really REALLY frustrating! Thanks Rob
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