help

[ark7754]

Hi,

 

Today my colleague and I were dismissed. The reasoning. Company loyalty

There main reason being our pay was due to be raised a fair while ago. As a matter if course we had to keep asking for it to be resolved. We were never given a yes or no or when answer.

 

We go in today. Called in a meeting room and dismissed due to loyalty problems and performance related issues.

 

Due to shock I did not really go into it with a lot of questionjng

 

Can someone tell me the lay of the law. Isn't there a procedure.. Not just management say so? They follow the ACAS rules so how is that within a mandate. They have this loyalty area in there contracts but can that legally be grounds for dismissal?

[honeybee13]

Hello there, I'm sorry to hear your news.

 

Have you had anything in writing from the company please?

 

HB

[ark7754]

Hi

 

 

Yep stating the company loyalty issue and performance issues they feel they should dismiss etc

 

To be honest if the pay issue was an issue and they were going to make a point they would of just dismissed one of us. Two though comes across as an easy way to shed staff if you see what I mean.

 

I'm pretty angry to be honest. There are no performance issues and as for pay increases and what not they themselves discussed this at the interview and since then nothing has actually been arranged confirmed denied etc

Edited February 24, 2015 by ark7754

[Emmzzi]

what kind of a contract do you have, and how long have you worked there?

[ark7754]

Roughly 7 months. Perm contract

[Emmzzi]

Without discrimination on grounds of race, gender etc, you have virtually no protection from unfair dismissal before 2 years of employment.

 

I take it you are not members of a union?

[ark7754]

Not even an appeal?

[becky2585]

Not even an appeal?

 

Sadly not.

 

It's a pretty poor state of affairs that unfair dismissal claims can't be brought until two years service, but that's how the government wants it to be.

[Sidewinder]

It sounds very much as though you have been let go under the pretence of performance issues and disloyalty purely for the sake of giving some sort of reason.

 

In reality as stated above, without two years service an employer can dismiss you for any reason whatsoever, or indeed for no reason at all and you have no legal redress whatsoever UNLESS you can prove that the dismissal was really due to your sex, age, sexual orientation, disability etc.

 

Raising complaints about an outstanding pay rise is almost certainly the real reason for letting you go.

 

What you do have a legal right to is any outstanding holiday pay for time accrued but not taken within the holiday year, and for notice pay - a week at least unless your contract says this should me more.

[Pusillanimous]

If it is a well established organisation, it might be worth complaining to whoever is in charge of your bosses in HR head office. There might even be set payscales. It is always possible your bosses were abusing their position and some ethical organisations would not find that acceptable, even if you have only been there seven months.

 

Unfortunately, with high unemployment disgruntled staff are easily replaceable.