Termination without warning

G

Guest1211

Registered User
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Hello all,

I was recently informed that I am being let go from work. I have been working in my role for for over 1 year. I work as a part of a team. My performance has been on par with the team throughout. I had no disciplinary actions, warnings or written notice yet was terminated. My question is,is it legal for an employer to fire somebody without warning , or following a disciplinary procedure?
 
If you are a member of a trades union, then contact your union. If you are not a member, then you are on your own. You can take advice here, seek legal help, ask your friends, bug the livin' daylights of your former employer but you probably will decide to let it go after some gung-ho thoughts. Your employer gets away, your old colleagues are now watching their backs and you are on your way to the Welfare office. When you get a new job, you will probably join a union on your first day.

Sorry for sounding so cynical, but I have seen it all before and I know I am not of much comfort.
 
Leper said:
you probably will decide to let it go after some gung-ho thoughts.
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Hi Leper

You might be right, but the Employment Appeals Tribunal is designed to be solicitor free and user friendly. It costs a person nothing to take a case and it's very likely that the employer would settle before it goes to court.

Brendan
 
Were you fired (terminated) or are you being made redundant? They are 2 very different scenarios. Firing without due cause is one thing but if you are being made redundant then last in first out can be a valid means of selection.
 
I was fired not made redundant.
There was no warning or disciplinary action leading up to it. The first I heard that they were disappointed or unhappy with my performance was then they said they were letting me go.
 
It sounds like they have made a really big mistake. Do you have a contract, and does it stipulate conditions for such events?
 
The Employment Appeals Tribunal, as recommended by Brendan is the way to go. With only around a year of service, any potential award won't be huge, but it's a user-friendly process with a potential moral victory at the end.
 
Guest1211 said:
I was fired not made redundant.
There was no warning or disciplinary action leading up to it. The first I heard that they were disappointed or unhappy with my performance was then they said they were letting me go.
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Again, the phrase "letting you go" is open to interpretation.

Firstly you should go back to your original contract of employment (assuming you have one) and any written policies the company have around such issues. Are they acting within both documents. For example, most contracts include a clause around a probation period, did you have any documented performance reviews or any other written feedback on your performance?

Secondly, get your dismissal in writing. I'm wondering if it is also worth asking for a reference before you leave, even if only to gauge their attitude towards you.

Thirdly, who sacked you? Was it a local junior manager (who may not know what they are doing), dealt with via HR or a senior manager or anything like that.?
 
Thanks for the advice.
I checked the contract there are no policies around disciplinary action or grievance procedure there. I wasn't given an employee handbook either.

They said they would give me an excellent reference. Any feedback I have gotten before this has been very positive. In fact Hr told me previously that if at any point I didn't like the job I am currently doing I could move around in the department.

I was fired by my line manager and HR.
 
Guest1211 said:
Thanks for the advice.
I checked the contract there are no policies around disciplinary action or grievance procedure there. I wasn't given an employee handbook either.

They said they would give me an excellent reference. Any feedback I have gotten before this has been very positive. In fact Hr told me previously that if at any point I didn't like the job I am currently doing I could move around in the department.

I was fired by my line manager and HR.
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Did you get a letter or anything in writing to say why your were being let go/ fired?
It makes no sense that HR would give you an excellent reference if you were fired. It only makes sense if you were let go (redundancy).
You don't need to be in a Union here, that's nonsense. If it's a private sector employer Unions are generally useless anyway. NERA will tell you whatever you need to know.
 
I still haven't gotten written notification or a breakdown for the dismissal. They said it was due to my "performance". I asked what it was about my performance they just said performance.
I asked why it hadn't been said to me earlier e.g. through verbal or written warnings they said I should have known. They said I am an excellent worker, I get on with everyone and they like having me around but it is due to performance. (It is a sales role).
 
Guest1211 said:
I still haven't gotten written notification or a breakdown for the dismissal. They said it was due to my "performance". I asked what it was about my performance they just said performance.
I asked why it hadn't been said to me earlier e.g. through verbal or written warnings they said I should have known. They said I am an excellent worker, I get on with everyone and they like having me around but it is due to performance. (It is a sales role).
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Are there targets that you haven't met?
 
A family member of mine used the EAT when unfairly dismissed (redundancy). I would highly recommend the process. Once the employer has failed to follow proper procedure justice will prevail.
 
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