Dismissed by job - unfair dismissal claim

413x

413x

413x

Caporegime
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13 Jan 2010
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Llaneirwg
So this has happened.

Summary.
I'm going to be dismissed from my job.
Pip process wasn't followed correctly
Settlement seems small
I just reached 2 years employment

End of last year I was put on a pip for what I was told was 1 key KPI.
I worked on that KPI.
In November I was told I had completed that and the pip and) due to improvement of and it be signed off as complete.
We had no formal meetings etc.
I never saw the document.

In December I keep hassling my boss about if the pip is being signed off. He says he is trying to get it signed off but it isn't happening so alarm bells start ringing.

By this point I've asked several times to see the pip, I ask about sign off etc etc.
But nothing.

Just before Christmas I get pulled into a HR meeting where I learn there is more on the pip than I expected. But again. I still haven't seen it. Big boss says "we will sort this in the new year"

New year rolls on and a meeting appears telling me I'm terminated.

I've also learnt that my boss has been terminated. And obviously just didn't follow process at all. With other failings.


I've been offered a settlement sum which I think is low. Less than 2 months salary.

Any advice on if it's worth taking to tribunal? I was hoping they'd settle for more.
 
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When I spoke with ACAS about my situation they said only 5% of unfair dismissal claims are successful.

See if you have legal protection on your house insurance and speak to an employment solicitor for free advice or citizens advice.
 
cyber69 said:
When I spoke with ACAS about my situation they said only 5% of unfair dismissal claims are successful.
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Yea I get the sense that the employer would need to mess up spectacularly to get rinsed by tribunal. The fact they had a PIP in place and have followed something that looks like a process (although poorly) means they are likely covered from anything serious.
 
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First thing, ask for PIP process in writing.
There should be a process which should spell out what they should do and when.

Employers lose at tribunal normally for not following their own processes (/employee handbook) which is where you get them on in effect bullying, singling out one person with different rules.

I wouldn't hope for much though, TBH 2 months wages or near isn't at all bad for 2 years service.
 
In my case I had to refuse a tupe to another company as they said they did not do company cars and only offered a pitiful amount for car allowance and also where the **** could I magic up money for a car capable of doing 25k miles a year.

Even ACAS couldn’t offer me any advice, I spoke with a solicitor through my house insurance and to proceed it was going to be a lengthy process with minimal success rates.

I got another job and moved on, it’s the best way forward and I wish you luck.
 
413x said:
I've been offered a settlement sum which I think is low.
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Just be super careful discussing this online. Settlement arrangements typically come with NDAs.


By nature, if they’re offering a settlement it means they’re not actually firing you. Nor making you redundant. They’re trying to pay you enough that you don’t raise it, hence the settlement.



And then lastly, for a settlement to be legally binding, you will have to have it reviewed by an independent legal representative.
 
Yeah this is what I was trying to figure out.

Is 2 months wages and the avoidance of hassle worth it.

If average payout is 20k in my circumstances then yeah worth chasing. But if it's closer to 10. It isn't worth it


And yes. Not a good time to have it happen in current economy.
 
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I can't see a big payout in this situation, but that's just my opinion. If it was something more serious like discrimination maybe.
 
Is that two months on top of your notice period?

Do you have any pending bonus payments due in the next couple of months from last years work?

1 month for each years service is a reasonable payout, If it was me I'd ask for 2 months plus notice and payout of any bonus for previous years work and see what happens.
 
mattx4 said:
Is that two months on top of your notice period?

Do you have any pending bonus payments due in the next couple of months from last years work?

1 month for each years service is a reasonable payout, If it was me I'd ask for 2 months plus notice and payout of any bonus for previous years work and see what happens.
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Yeah it is.
Basically 3 months notice.
Tax free lump sum.
Holiday pay.

No contractual bonus.
 
Unfair dismissal is possible if they didn’t follow their own guidelines. But you need all the information. I would start by requesting in writing via a recorded delivery letter. Give them a couple of weeks to comply or something.
That will then give you a clear idea of whether they have a leg to stand on.
Gather all evidence of previous communication, print it all out and stick it in a folder. Work out a timeline from the very beginning of the whole pip process.

Once you have all the evidence, you can decide logically if it’s worth pursuing.

If you went to a tribunal, the most you’d get is lost wages up to the point of the ruling, unless there is some sort of discrimination going on.

Personally I suspect you won’t be able to squeeze much more out of them anyway.

Good luck with it
 
413x said:
Yeah this is what I was trying to figure out.

Is 2 months wages and the avoidance of hassle worth it.

If average payout is 20k in my circumstances then yeah worth chasing. But if it's closer to 10. It isn't worth it


And yes. Not a good time to have it happen in current economy.
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I think maximum payout awarded is something like 9 months salary, typically.


That could take many months to sort though.



At the very least you should get an employment lawyer to act on your behalf, and understand what amount the company are willing to contribute towards the fees (my understanding is that they have to).


I would say £500 + VAT would be borderline, ideally 600 + VAT.



An employment lawyer should be able to pick apart their process and support your negotiation.



Do not do any data subject requests at this stage - they could pull the settlement offer entirely and you’ll be forced to pay everything yourself on 0 pay (if they say that you’re being dismissed for failing to pass PIP)
 
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My situation was similar, totally fictitious pip that was therefore impossible to satisfy or challenge. When I looked into pursuing a claim I decided it wasn't worth the hassle due to costs, stress, chance of success, and likely outcome if successful. Plus the backdrop that companies can, and regularly do, mess their employees about at their 2 years of service, and they routinely get away with it. Labour said they'd change the 2 year period but I don't think that happened yet. I think your deal isn't too bad, so if I was you I'd accept the deal and move on. However, I'm curious to see how it goes if you try a claim, so if you attempt it for science I can get behind that. I still look back on my job and wonder how I got so royally screwed over when I was the best employee, I'm not sure whether a claim would have provided more closure or extended the misery.
 
throwaway4372 said:
My situation was similar, totally fictitious pip that was therefore impossible to satisfy or challenge. When I looked into pursuing a claim I decided it wasn't worth the hassle due to costs, stress, chance of success, and likely outcome if successful. Plus the backdrop that companies can, and regularly do, mess their employees about at their 2 years of service, and they routinely get away with it. Labour said they'd change the 2 year period but I don't think that happened yet. I think your deal isn't too bad, so if I was you I'd accept the deal and move on. However, I'm curious to see how it goes if you try a claim, so if you attempt it for science I can get behind that. I still look back on my job and wonder how I got so royally screwed over when I was the best employee, I'm not sure whether a claim would have provided more closure or extended the misery.
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Same boat.
I wonder how much "life cost" trying to pursue it would be.

Even now I'm thinking about this rather than applying for jobs.
How much mental load is this going to take?

I'm 50:50 on what to do which makes it so difficult. Genuinely 50:50.

Settlement is easier. But with the job market and way it is, pushing is more tempting.
 
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