how easy is it to sack someone?

[rockyroad]

I have been in my role for 3 years and 11 months. There is a longer thread about my issues, but just got a simple question;

 

Given the length of service above, if a company decides they want you out how easy is it for them to sack you, and what reasons do they look for?

 

I've never had a bad perfomance review and always (well) above sales targets - but we have a new parent company and they stand to gain through non-payment of a substantial profit related bonus to me as part of the buyout agreement (I was a shareholder) if I am dismissed

[godpikachu]

Basically, if a company wants rid of you, you're gone, regardless of length of service.

All it takes is for a manager or something to simply say "you're sacked" and thats it, you are unemployed.

 

How you deal with it is up to you, if you qualify to take them to tribunal etc, they will have to prove that they had a good reason for getting rid of you, if they dont, then its unfair dismissal, and thus you are entitled to compensation/redundancy pay/your job back (if you want it).

If you don't qualify for tribunal, then its time to hit the jobcentre and cut back on the luxuries.

[rockyroad]

oh dear - not quite what i was hoping to hear

 

I was under the impression that you were slightly more protected by law after 2 years service and that set procedures have to be followed - i.e. if it is for performance related issues then warnings first, improvement plans etc.

[godpikachu]

Well, you are protected by law, hence why employment tribunals exist.

It doesnt stop them getting rid of you if they really want to though, its just that if/when it comes to a tribunal the employer will have to have a damn good defence ready to explain why they got rid of you.

 

for example..

 

3 people (A, B & C) all work for company X.

A has worked there for 5 years.

B has also worked there for 5 years.

C has only worked there for 9 months.

 

on a certain day, the boss finds A has been stealing money from the tills, and sacks them on the spot.

later that day, after giving it some thought, the boss also sacks B and C, as he has been looking to save a few quid and because he doesnt get on that well with B anyways. Knowing that B has over 2 years service, he states that he is sacking them because he isnt happy with the quality of their work.

 

All 3 of them lodge for unfair dismissal.

 

A's case is dismissed when the boss produces video evidence of A stealing money.

 

B's case is upheld, because they were not given any written warnings about poor service prior to sacking, plus the day after A and B were sacked, the boss hired someone else to do their job for less wages. B is awarded compensation for loss of earnings.

 

C's case isnt even considered, because they dont have 12 months service.

 

 

its a crude example, but it pretty much illustrates what im talking about.

[rockyroad]

Well, you are protected by law, hence why employment tribunals exist.

It doesnt stop them getting rid of you if they really want to though, its just that if/when it comes to a tribunal the employer will have to have a damn good defence ready to explain why they got rid of you.

 

for example..

 

3 people (A, B & C) all work for company X.

A has worked there for 5 years.

B has also worked there for 5 years.

C has only worked there for 9 months.

 

on a certain day, the boss finds A has been stealing money from the tills, and sacks them on the spot.

later that day, after giving it some thought, the boss also sacks B and C, as he has been looking to save a few quid and because he doesnt get on that well with B anyways. Knowing that B has over 2 years service, he states that he is sacking them because he isnt happy with the quality of their work.

 

All 3 of them lodge for unfair dismissal.

 

A's case is dismissed when the boss produces video evidence of A stealing money.

 

B's case is upheld, because they were not given any written warnings about poor service prior to sacking, plus the day after A and B were sacked, the boss hired someone else to do their job for less wages. B is awarded compensation for loss of earnings.

 

C's case isnt even considered, because they dont have 12 months service.

 

 

its a crude example, but it pretty much illustrates what im talking about.

 

thanks for the example - its pretty much what i thought.

 

Well, I haven't been doing anything like stealing from tills etc, my performance has been way above target, and I have had no reproaches about my performance.

 

I know I am just waiting for the day to arrive when they call me into the boardroom, so I just want to make sure I am armed with all the facts I need to give myself a chance against any wrong doing.

 

It's really making me feel quite ill - I cant function properly I cant speak to clients in the way I normally would or have the confidence I usually have when i go into meetings plus I have been having panic attacks. I would go to the doctors and get signed off, but I am scared of not being here to know whats happening.

[p_cas]

My advice would be not to go off sick if you can help it. If you really think that youre in the firing line youre only going to be giving them ammunition by going absent.

 

It's easy to say, but try and just keep focused on your job and doing it well. If they really want to get rid of you then they will and worrying about it wont help. From what you say here and in your other post it might be quite difficult for them to get rid of you legally but if it comes to that then there are steps you can take afterwards. As for now, just try and do your job, keep your nose clean and perhaps look round and see if there are any other jobs out there.

[godpikachu]

dont worry about it, it sounds like you are making yourself paranoid, and its affecting your work.

just carry on doing what you would normally do, without trying to second guess what is being discussed behind closed doors.

If your employers do sack you for no reason, then you take them to employment tribunal, and once you win, they pay you lots of money and/or are forced to give you your job back.

[rockyroad]

thanks for the supportive advice.

 

i wont go off on the sick, but i need to somehow find a way of putting the fears to the back of my mind so that I can do what you say.

 

The problem is, feeling as sick as I do it is affecting my performance, so unless I go to the doctors about it I cant claim that retrospectively if the worst does happen.

[zazen.warrior]

In my experience having once made you sick all an employer wants to do is get rid of you by whatever means necessary.

 

In my case I was signed of sick with stress for nearly 10 months and they paid me more for doing nothing at home than I would ever have got in a redundancy settlement - which I would have been quite amenable to had it been offered.

 

They had initially overlooked how long I had worked there…

 

My advice is don't struggle on, get yourself signed off and if you are able to start looking for another job straight away.

 

In my own case I couldn’t even cope with an interview at this stage (I tried) which really brought home how badly I had been affected.