On the spot sacking

[catann]

I wonder is anyone has some advice. The company I work at is in a lot of financial trouble and is trying to combat this by sacking the easiest targets it can find. Disciplinary procedures have not been followed in lead up to this and no notice or severance pay is being given. I have seen other threads that talk a lot about the 12 month requirement to employment rights. The company recently underwent a merger in which ALL employees were made to sign new contracts. Does this mean that no-one will have their SER's ?! Also, I personally have been there for 15 months but have changed roles 4 times (2 promotions and 1 change of department) - would I have to have been 12 months in my current position? Just want to be well armed with information in case my time comes !!

They have been skirting on the borders of employment laws on a few issues, but this one really takes it, and if it comes to it I would like to fight them on it.

Any help would be appreciated !

Thank You

[Sidewinder]

Your length of service would be from your first day in employment with that organisation - the only thing which could reset the clock would be a break in service. Providing that you have maintained an obligation to perform work, and have continued to be paid throughout by the same entity, or where a transfer has occurred, by the incoming owner, then you will have maintained continuity of employment.

 

Ultimately it could take an Employment Tribunal to decide, but if you can provide evidence by way of wageslips, letters - and the contract(s) themselves, then it should be a straightforward matter to determine that you started on X date and irrespective of any paperwork involved, have remained under contract to provide services (work) in return for payment.

[catann]

Thanks for your help !

The main reasons I am concerned for my own job is that my manager knows I plan to leave in 6 months to study and that I am currently looking to take on a second job - so I feel like I might be an easy option - I guess there's less guilt in cutting someone who's planning on leaving anyway. I have never received any disciplinary action whilst at the company nor received any complaints. All my appraisals have been positive and as mentioned before I have been recently promoted.

As far as I'm concerned there is no legitimate reason to fire me, so would this still count as unfair dismissal if they did? (its not a case of discrimination - just pot luck)

[Sidewinder]

In order to dismiss you fairly, there would have to be a legitimate reason to do so, and in your case you would have the necessary 12 months service to seek an Unfair Dismissal claim through an Employment Tribunal if that was not the case. For 'instant' dismissal, this would have to amount to an act of Gross Misconduct, otherwise you would have to have been subject to a warning for a first offence for lesser misdemeanours.

 

If they also failed to abide by the ACAS Disciplinary Code (in short, written notification of a hearing, the right to be accompanied, written reasons for dismissal and right of appeal) then a Tribunal can also increase any award by up to 25% for failing to follow adequate procedures.

 

Just for reference over length of service, Section 218 of the Employment Rights Act 1996 details what counts towards continuity of service and is reasonably specific:-

 

218 Change of employer

 

(1)Subject to the provisions of this section, this Chapter relates only to employment by the one employer.

 

(2)If a trade or business, or an undertaking (whether or not established by or under an Act), is transferred from one person to another—

(a)the period of employment of an employee in the trade or business or undertaking at the time of the transfer counts as a period of employment with the transferee, and

(b)the transfer does not break the continuity of the period of employment.

 

(3)If by or under an Act (whether public or local and whether passed before or after this Act) a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer—

(a)the employee’s period of employment at the time when the modification takes effect counts as a period of employment with the second body corporate, and

(b)the change of employer does not break the continuity of the period of employment.

 

(4)If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased—

(a)the employee’s period of employment at the time of the death counts as a period of employment with the employer’s personal representatives or trustees, and

(b)the death does not break the continuity of the period of employment.

 

(5)If there is a change in the partners, personal representatives or trustees who employ any person—

(a)the employee’s period of employment at the time of the change counts as a period of employment with the partners, personal representatives or trustees after the change, and

(b)the change does not break the continuity of the period of employment.

 

(6)If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters the second employer’s employment, is an associated employer of the first employer—

(a)the employee’s period of employment at that time counts as a period of employment with the second employer, and

(b)the change of employer does not break the continuity of the period of employment.

 

(7)If an employee of the governors of a school maintained by a local education authority is taken into the employment of the authority or an employee of a local education authority is taken into the employment of the governors of a school maintained by the authority—

(a)his period of employment at the time of the change of employer counts as a period of employment with the second employer, and

(b)the change does not break the continuity of the period of employment.

 

(8)If a person employed in relevant employment by a health service employer is taken into relevant employment by another such employer, his period of employment at the time of the change of employer counts as a period of employment with the second employer and the change does not break the continuity of the period of employment.

 

(9)For the purposes of subsection (8) employment is relevant employment if it is employment of a description—

(a)in which persons are engaged while undergoing professional training which involves their being employed successively by a number of different health service employers, and

(b)which is specified in an order made by the Secretary of State.

 

(10)The following are health service employers for the purposes of subsections (8) and (9)—

(a)Health Authorities established under section 8 of the [1977 c. 49.] National Health Service Act 1977,

(b)Special Health Authorities established under section 11 of that Act,

©National Health Service trusts established under Part I of the [1990 c. 19.] National Health Service and Community Care Act 1990,

(d)the Dental Practice Board, and

(e)the Public Health Laboratory Service Board.

[catann]

That's brilliant, thank you. hopefully it won't come to it but at least I know I have a case now if it does