Need advice on dismissal as no disciplinary procedure followed by employer

[robskicardiff]

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

[leonmassey]

I may be wrong but I think your claim may be wrongful dismissal not unfair dismissal. Check the acas code for that.

[Emmzzi]

unless you were let go because of a disability, race, religion etc - pretty much no case. It sucks, but your energy is best invested in lookimg for a new role.

[scousepie]

While the right not to be unfairly dismissed can be available from the moment an employment contract is agreed, employees often cannot pursue a complaint against an employer for an unfair dismissal unless they have been employed for at least 12 months if the employment started on or before 5 April 2012, or 24 months otherwise – for employments that commenced on or after 6 April 2012. There are exceptions, where dismissal is said to be ‘automatically’ unfair; in these cases, an employee can bring a claim to an Employment Tribunal regardless of length of service.

The phrase ‘automatically unfair dismissal‘ does not appear in employment acts, but is generally used to apply to dismissals for reasons that the law specifies will normally be unacceptable, and for which no minimum age or length of service shall be required before an employment tribunal can accept an appeal. Reasons that qualify for automatic unfair dismissal include dismissals associated with the transfer of a business (Transfer of Undertakings (Protection of Employment) Regulations (TUPE)), health & safety, discrimination, trade union membership or activities, as well as many others.

[Lookingforjustice]

I know the action of your employer seems unfair and unreasonable but as you didn't have a contract and hadn't completed a year I too would strongly suggest that your efforts would be better spent getting a new job than chasing a tribunal. The process is actually very soul destroying and not one to enter lightly, you could end up losing your health, self esteem and confidence, as in court the company can say anything they like about you. Being a success in your next job is a far better and positive way of demonstrating how wrong they were. Leave these unreasonable individuals where they deserve to be, behind you!

[becky2585]

You are unfortunately correct in that you can't claim unfair dismissal until you have been there for two years. However you are still entitled to notice pay and accrued holiday pay. Have they paid you your full entitlement?