Unfair dismissal?

R

Reggie2008

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I currently work in a small-medium sized company (since early 2006) and was informed last week that I will be “finished” before Christmas. I moved to a new department within the company in June 2008 under the same terms, conditions and wage as my previous department (i.e. no new contract – internal transfer at my request).

Following a review with my director two weeks ago, he informed me that he was not happy with my progress and said that a client of the company might have a position for me. I called a meeting with HR and they informed me that my director in effect doesn’t like me and that a position has arisen with a client of the company and would I be interested. They said my director “either likes people or he doesn’t” and in this case “he doesn’t see eye to eye with you” and “we have seen it happen with him in the past”. Previous people have just vacated the role or moved to another department within the company. In my case, HR have told me that they would like to move me to another department but that there are no other positions in the company.

I stated that I like and enjoy my present role and am not interested in moving companies and that I have no issue with my director. Up to this, I have only had positive feedback from employees and clients of the company.

HR did not mention a redundancy but I asked them and they tried to side step the word.

The issues are:
  • They are willing to recommend me to a client, so there is obviously no problem with my capabilities (otherwise they would just let me go)
  • There is no shortage of work in my present role (in my review my director stated that “there is enough work, but just get through it”), so my position does not appear to be a redundancy
  • My director has taken a personal dislike to me
The current position is that I had a meeting with HR and they told me that they will arrange a chat with my director and myself next week and HR would sit in. HR said there are two possible outcomes and it is up to my director to decide:
  • That I go through a performance appraisal process for approximately 6 months and that we meet every month to discuss progress, or
  • That my director will just end my employment.
HR said that it would inevitably lead to a ceasing of my employment.

Can someone please advise me on where I stand in relation to this?

Thanking you

Reggie
 
Are you a member of a union Reggie? if so, get onto them, if not join ASAP. They have their uses.
 
Get everything in writing, take notes and get some legal advice asap. Take somebody with you to the meeting with director and HR.

There is a process they need to go through to get rid of you and 'not liking you' is not adequate reason.
 
Thank you for the replies.

I am not in a union and there is no union affiliated to the company.

I have kept notes of all the meetings so far.

I know they are in the wrong here. they should have just let me go before even giving me my review because now they have shot themselves in the foot.

it may become unbearable in work, but at the least i would like a settlement/redundancy payment, because I am unlikely to find a similar job with similar terms/salary in the current environment.

Stenner, do you have experience with the LRC? Is there a cost? Can i just pick up the phone to them as the meeting is scheduled for early next week?
 
A director not liking you does not justify a dismissal.

See a solicitor.
 
It is not a legitimate redundancy situation and it certainly doesn't justify dismissal.

Stand your ground.
 
In the current climate, you would be better staying put unless you were 100% sure of a comparable job elsewhere.

If I were you, I'd stand my ground on the pay and conditions issue. The area of flexibility I might consider is working to a different director - maybe this option could be put to them, emphasising the point that there is no possibility of them terminating your employment due to your tenure (unless every employee who joined the company after 2006 is made redundant first and not replaced).

I would also say that you are not willing to undergo any additional appraisals above what every other long term full time employee undergoes.

If it comes to it, you'd have no difficulty winning in employment tribunal.
 
Oh my God one of the things that stands out for me here is how unprofessional the HR manager/contact was!! Imagine telling an employee that that's the way the director operates, he either likes your or doesn't and if he doesn't you're out. Also imagine saying that your two options are to go through a performance management system or get kicked out?! Outrageous! Your performance does not seem to be even in question here if they are willing to farm you out to another company, and on top of that the fact that they have even spoken to another company about you would seem to me to be a breach of some law or another in the same way that a recruitment agent is not allowed discuss you with a potential employer without your permission.
Incredible behaviour on so many levels. OP you know that you can also bring a witness with you to this meeting with your director? Keep notes and records of all contact with the slimey buggers!
 
thanks for your replies.

i am currently on a performance appraisal for 8-10 weeks.

the matter will be re-assessed after christmas

i will keep you posted then
 
Reggie2008 said:
i am currently on a performance appraisal for 8-10 weeks.
Click to expand...

That sounds suspiciously like they are trying to manage you out. To be placed on a PIP or performance appraisal can be used to remove from the business. Make sure any targets you are given are achievable and not impossible
 
Yeah Reggie stand your ground. Keep track of everything that you do in work ie your targets, workload, etc. Also write down everything that is said to you out of line, include times and dates. Sounds like they just want rid of you. I would definitely take them head on. No way should anyone in any job be treated like that. Its ridiculous. The HR dept just sound like his little lapdogs. Let us know how you are getting on over the coming weeks.
 
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