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please can anyone help me,

 

At 6.50pm today (20/10/15) I was sacked on the spot - no warning, investigation or suspension.

I have been there for 13 months, I have done nothing wrong. I made a complaint that my line manager was bullying me 2 weeks ago - then out of the blue I am sacked for lacking the skills to do the job? no warning, capability or ever has this been brought to my attention before.

 

Do I have any rights? I have been offered 2 options and have until 7pm tomorrow (21/10/15) to decide. a) be sacked with 2 months pay, or b) resign with 4 months pay. there is no reports of paperwork, these will only be given if I accept being sacked?

 

I have done nothing! help x

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Hello and Welcome Cattygirl,

 

Sorry I can't really give you any advice on employment issues but I have moved this thread to the appropriate forum where you should get some help shortly.

 

Regards,

 

Scott,

 
 

Any advice I give is honest and in good faith.:)

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With less than 24 months service they can dismiss you at the drop of a hat as you have no employment rights under normal circumstances

 

Only if you are disabled, pregnant etc will the dismissal be unlawful

 

Best you resign and take the 4 months pay

 

At least you wil get a good future reference that way

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I am sorry but legislation now dictates that an employer can get rid of you in the first 24 months of employment at the drop of a hat.

 

The employee has no right to complain and just has to accept it as he/she can do nothng about it in law

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Can i ask, are you in a union? They can dismiss you for no reason, but they still should follow certain procedures. Not just come to you and say get your things, without any warning.

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Can i ask, are you in a union? They can dismiss you for no reason, but they still should follow certain procedures. Not just come to you and say get your things, without any warning.

 

Hence the 4 months pay redundancy pay carrot to go quietly

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I am sorry but legislation now dictates that an employer can get rid of you in the first 24 months of employment at the drop of a hat.

 

The employee has no right to complain and just has to accept it as he/she can do nothng about it in law

 

 

Not true, the 24 months is applicable only to UNLAWFUL dismissal

 

There is a further avenue that requires no length of service and that is WRONGFUL dismissal

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Yes as i have already stated if a protected characteristic is involved, protected disclosure, unlawful deduction of wages etc

 

See post 3

 

 

Wrongful dismissal has nothing to do with protected characteristics.......

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi cattygirl,

 

for me it seems obvious. Do you want more money and a good reference, now, or do you want to spend months persuing a court case with little chance of success?

 

It isnt fair; sadly the law is not always fair. But you need to decide what is best for you at this upsetting time.

 

Sleep on it?

 

And join the union in your next job; their influence can often help in situations like this.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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With less than 24 months service they can dismiss you at the drop of a hat as you have no employment rights under normal circumstances

 

Only if you are disabled, pregnant etc will the dismissal be unlawful

 

Best you resign and take the 4 months pay

 

At least you wil get a good future reference that way

 

Not seeing anytingn about protected disclosure there either.....

 

 

And if you do know then why did you make an incorrect statement?

 

 

To the OP

 

Wrongful Dismissal whilst it does not require 2 years service, does have drawbacks.

 

You would be restricted to making a claim either through an Industrial Tribunal which will have fees that need ot be paid, or through a small claims court. Claim would be limited to actual losses. The fact they are offering payment means that there would be no losses you could claim for easily.

 

As Emmzzi states, you may need ot be pragmatic here.

 

I am sorry it is not the answer you want to hear.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Failure by the Employer to follow a contractual disciplinary procedure can also amount to wrongful dismissal. - I was given 2 month spay is I accept the sacking, the weird part is the option to take 4 months and leave? why are they doing this, what are they scared of? as I said, there was no warning or investigation or discussion....

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IF you know you should of said then :) Instead of throwing titles around.

 

Maybe we can refer OP to some neutral sources to help her decide for herself? For example

 

https://www.gov.uk/dismissal

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Failure by the Employer to follow a contractual disciplinary procedure can also amount to wrongful dismissal. - I was given 2 month spay is I accept the sacking, the weird part is the option to take 4 months and leave? why are they doing this, what are they scared of? as I said, there was no warning or investigation or discussion....

 

 

They are doing it so you go quietly an to reduce the risk of you going to court. Its very common practice.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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4 factor may help....a)I have a disability with my vision - they have catered for this, 2)I was told last week I may have cancer, work know I get the results from the biopsy tomorrow 3)I made a complaint my manager is a bully, I am not the first to have done this 4)I passed my probation so cant be that rubbish?

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The question isnt really if it is all legal.

 

You are going, legally or illegally - they have made that clear.

 

It is do you want more cash now, or a slim chance of a little more cash (not loads) after months of stress going through courts and with no decent reference to help you get a new job.

 

I'm a pragmatist at heart, ethics may however be more important to you.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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PS People here WILL help if you want to take it further - don't let me put you off if it is what your heart says you must do!

 

But sleep on it. Me, I'd ask them to up their offer by a couple of months pay + holiday pay, given your circumstances....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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oh I agree, the stress will kill me especially given my health - but I have a very specialist job I have 15 years experience - very hard to get the same income doing other jobs

 

 

You got a new job not so long ago. There will be others.

 

What is best for you to do now?

 

I suspect it is to go back, tell them you have reflected on how hard it will be to get a new role with your protected characteristics (use that phrase) and ask them to up it to 6 months as that is how long you think it will take to find new work.

 

I think they will offer a settlement agreemnt so they should also pay for a lawyer to explain it to you. (Not negotiate for you, just explain stuff.)

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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thank you, I totally agree just not sure what I do or how...I have over night to decide and they know that tomorrow I have my histology results - this has all happened in the past few weeks regarding my health and I have taken no time off work despite lots of bleeding etc......I made the bully complaint the day before my diagnoses - I agreed the informal approach but then after confirmed in email I wanted the formal approach as I have email evidence she mocked my complaint - the next day I had an operation - not planned - so have not made the formal complaint - im scared about finances, if I have a legal case and win, im guessing it will be time consuming with little money awarded given I have only worked there for 13 months, the 4 months pay will soon be eaten into

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