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Thread: Treated unfairly - in my opinion

  1. #1
    Regular Member Neil's Avatar
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    Default Treated unfairly - in my opinion

    Well its happened again....... For the 2nd time in 15 months I've lost my job.....

    I feel that I've been given a rough ride of it though and don't really think I have been treated right.... Been with the company 6 months today.... When I was employed by them my now director was my manager, and my now manager was just another consultant - albeit a more senior one lol....

    When I started I was given a training plan to get me up to speed on their products. Would be quite a plan as they told me that I wouldn't be confident with the entire suite of software for probably around 2 years - Oh I'm an IT training consultant so by the nature of the job I need to know more than the client, and as the software is bespoke I wouldn't be expected to know it when joining.....

    When the 2 guys got promoted in the new year the now director decided to set me some targets.... They were a bit ambitious - given the 2 years I had been told before. My new manager told me that the new targets should be taken with a pinch of salt and that he would 'have a word' with the director..... I asked if everything was ok and was told yes.....

    Over the last few weeks the director has been poking his nose in and kept insisting on progress checks. I told my manager but got the reply of not to worry..

    I turned up for a training session today - after driving 5 1/2 hours to get there and was wheeled in front of HR and told it wasn't working out and that they were letting me go......

    I asked why and was told that I hadn't met my targets.... Now both the director and the manager have clammed up and won't say anything to me... They say that as its under 12 months they only need to give me a month notice, which is what they have done today.... I'm not to go back to work though

    I feel like I've been seen off by both concerned and feel very angry that one seems to be playing it all down and the upshot is that I've lost my job....

    Sure this can't be right... Anyone out there got experience of this sort of thing as I just can't see that they can just get rid of someone like that.... I did a probation period, surely they should have been doing this sort of thing then, not once they have made me permanent.....

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    Regular Member m8internet's Avatar
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    If the target is included in your Contract of Employment, then you would need to compare the targets against results, and refer to the variance permitted
    If there are no targets included in your Contract of Employment, then this is not a valid reason for dismissal (if this is confirmed to you in writing)

    Furthermore, refer to your contract for minimum notice period
    As you have been with then for 6 months it should be at least 1 week (and this should be paid if you are asked not to return to the premises)

    My company employs Sales agents, and they are on either basic plus commission or a commission only basis (depending on the service or product)
    As above, the targets are included in their Contract of Employment, and are variable (to allow for seasonal records)

  3. #3
    Regular Member Neil's Avatar
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    No targets as part of a contract, they were only discussed verbally.... the manager made a point of saying to not worry about the targets and he would have a word. I feel that I've been setup for a fall......

    They have given me a months notice and will be paid at the end of May

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    Forum Moderator soulman's Avatar
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    Default

    perhaps a phonecall to C.A.B tomorrow will help .But unfair dismissal will probibly be optomistic ..

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    Regular Member KyleSxi's Avatar
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    You need to contact ACAS mate. They will be able to help you understand where you stand and how to go about taking the company to tribunal if there is a case. A company has to give an employee 48hrs WRITTEN notice to any disciplinary/Grievance hearing. Also if a decision has been made before said hearings you have a very good case of unfair dismissal. I have seen this many times in the past and have seen employees return to the positions with a nice compensation payout leaving the company with their tales between legs. I would seriously get in-touch with ACAS!

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    Regular Member Neil's Avatar
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    Quote Originally Posted by soulman View Post
    perhaps a phonecall to C.A.B tomorrow will help .But unfair dismissal will probibly be optomistic ..

    so I've been told..... just feel seen off.......

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    Correct me if i'm wrong but Im sure you have no rights until you have been there 2 years, you can thank the last government for that.
    "We are not some sort of dictatorship!"


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    Regular Member KyleSxi's Avatar
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    Quote Originally Posted by DasArab View Post
    Correct me if i'm wrong but Im sure you have no rights until you have been there 2 years, you can thank the last government for that.
    He will still be protected under employment law and if the company has not followed the strict guidelines covering dismissal he would have a very good case. I have seen a case of an employee sleeping while on duty, banged to rights on CCTV, the disciplinary process wasn't followed to the letter and the said employee received allot of money and his job back!! you would be surprised how protected we are as employees!!

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    Regular Member Neil's Avatar
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    Quote Originally Posted by KyleSxi View Post
    He will still be protected under employment law and if the company has not followed the strict guidelines covering dismissal he would have a very good case. I have seen a case of an employee sleeping while on duty, banged to rights on CCTV, the disciplinary process wasn't followed to the letter and the said employee received allot of money and his job back!! you would be surprised how protected we are as employees!!

    I asked about the procedure only to be told that they are operating within the law

    I'll check it out tomorrow - quick visit the CAB is order.....

    Suppose I was a little naive maybe with the being told one thing but them meaning another and should have maybe got things in writing and not relying on trust of one mans word....

    I'm from a forces background and not really into the law of the land and maybe coast a bit when it comes to things like this..... I need to harden to the outside world...

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    Regular Member KyleSxi's Avatar
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    Quote Originally Posted by Neil

    I asked about the procedure only to be told that they are operating within the law

    I'll check it out tomorrow - quick visit the CAB is order.....

    Suppose I was a little naive maybe with the being told one thing but them meaning another and should have maybe got things in writing and not relying on trust of one mans word....

    I'm from a forces background and not really into the law of the land and maybe coast a bit when it comes to things like this..... I need to harden to the outside world...
    Same here m8 I'm ex army and only found all this out when I became a manager and was sent on a course. It's quite shocking what a company has to do to fire someone. I would ring ACAS as they specialise in hr issues and will help you if you go to tribunal.

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