Unfair dismissal after 22 months

ehi

ehi

ehi

Associate
Joined
12 Sep 2024
Posts
6
Location
Hull, East Yorkshire
hello guys,
I was employed a software developer for a new startup project and hit the ground running with my new team. However the parent company was asked to "HANDS OFF" my company, by the equalities commission UK, as they purchased too many companies. 12 months later we were bought over by another global company. and the new startup project was totally abandoned and team reduced from about 20 to 6, amongst many other cuts

Hence my job spec changed, Now I was then asked to fix bugs (defects) vs building novel software

(i) Thats like job change from building a NEW sky scrapper from ground up ( with the lastest tech)
vs
(ii) to looking for reasons for cracks in the OLD EXISTING sky scrapper ( Old legacy tech ) or like looking for mouse in an old mighty creeky mansion

Obviously the latter, ie Item (ii) being a headache, resulting to a few spill overs of deadlines

Kindly note: When I had the spill overs, my team mates (Who had been there 10 years and 6 years respectively) got involved, as the spill overs were complex and there were a few notable spill overs that no one found a fix. Hence parked

UNFORTUNATELY: The top IT boss, called me, last week, and told me I was under performing and fired me asap, and escorted me out of the building, ensuring I spoke to no one, to the shock of my team mates, and he took my ID card, laptop etc and said HR would email me


PRIOR TO THAT

1. Its worthy of note, 2 months prior: I got a letter from finance saying my performance was quite impressive and rated as 80% and would get 1% company bonus, which came to £1,600 addition to my salary

2. I always got praise during my 1-2-1 sessions ( and no concerns) from my immediate boss whatsoever

According to law I cant apply for unfair dismissal, as I have only been there for 22 months to date, so what can I do ?

many thanks
E
 
ehi said:
What kind of trouble, if I may ask ?

is it court fees ? legal rep ? or are they allowed counter claims ?
Click to expand...

Cost, time, how realistic it is to win on any of the points you would raise. Of course, if you're interested in going down this route, you should seek legal advice first.

My wife went through one a few years ago and it was extremely stressful.
 
Last edited:
So, what can you do?

Start looking for your next job.

If you haven't been there 2 years, unless they were stupid enough to tell you a reason for dismissal that constitutes 'automatically unfair dismissal' rather than just unfair dismissal (and a couple of other unlikely fringe scenarios), you won't be able to take it to a tribunal. It doesn't sound like they've done this, so I don't think it's an avenue even worth thinking about.
 
There’s not much you can do. As Ayahuasca says, a tribunal is the only way. Personally, I would take it on the chin and move on, your line manager should still give you a reference if you were on good terms.
 
Legacy projects, maintaining old systems, it's often very hard to make much of an impact hard to shine. It's why no one in Dev wants to work on them. Lots of effort for very little gain. It might even be perceived as performing worse when it's compared with green field projects you've worked on.

Setting up to fail - Wikipedia

en.wikipedia.org en.wikipedia.org

The other issues with buyouts and takeovers. The new staff are often forced out by gate keepers protecting their turf in the older or larger company.
 
At 22 months, with the forced change in role to what you were hired for, the fact that they fired you without notice (assumed due to you not mentioning any prior disciplinary) then I'd speak with ACAS to see if there is a case.

If you've had no prior disciplinary action then that may be the point that helps your claim.
 
Resident said:
At 22 months, with the forced change in role to what you were hired for, the fact that they fired you without notice (assumed due to you not mentioning any prior disciplinary) then I'd speak with ACAS to see if there is a case.

If you've had no prior disciplinary action then that may be the point that helps your claim.
Click to expand...
A lot of points have been said and taken on board and I cant reply to each and everyone. So thank you for all advise given

Moving forward, I just called ACAS who just sent me a template to appeal, and I would appeal it. As I said earlier, I dont think the top level manager liked me in the least, as in the almost 2 years I worked there, he has been cold to me, never responded to my emails or requests, and we go into the office once or twice a month and when he walks past me, he always has a straight face, never says hello or good morning. and if I did, he woudl look away

Most importantly, since I have been at the company its all been praise and I have excellent banter with my team, got a 1% bonus paid to me, 2 months back and got praises from my line manager and rest of my team

I am told, the appeal, could be independent and if reinstated, I would get my job and salary back, only problem is the elephant in the room (An angry top manager)
 
FishThrower said:
going a bit off topic.. but start ups and small companies just sound like massive hassle for this reason unless there are share incentives.
Click to expand...

You'd typically expect a higher salary to offset the risks of working with a start-up, knowing that the start-up could fold really at any point. Working for an established company means those wheels typically move a bit slower and more stable.

Resident said:
At 22 months, with the forced change in role to what you were hired for, the fact that they fired you without notice (assumed due to you not mentioning any prior disciplinary) then I'd speak with ACAS to see if there is a case.

If you've had no prior disciplinary action then that may be the point that helps your claim.
Click to expand...

Still would be zero case. Until you've crossed the 2 year mark they could fire you simply because they don't like you. As long as they haven't fired you because you're disabled, of a different race etc then there's zero case.
 
Semple said:
You'd typically expect a higher salary to offset the risks of working with a start-up
Click to expand...
Apologies, its not a startup, but a well established company. I had to get UK government security clearance, as we deploy high level solutions for sensitive areas. It was to revamp a legacy software and modernise its usage, hence a new department was created, hence reason for my employment
 
Resident said:
At 22 months, with the forced change in role to what you were hired for, the fact that they fired you without notice (assumed due to you not mentioning any prior disciplinary) then I'd speak with ACAS to see if there is a case.

If you've had no prior disciplinary action then that may be the point that helps your claim.
Click to expand...

Worth talking to ACAS for sure but a software engineer being moved from new development projects to having to do maintenance work is pretty standard. He's still being employed as a software engineer, it's not like he's being told to go work on reception or something.

ehi said:
1. Its worthy of note, 2 months prior: I got a letter from finance saying my performance was quite impressive and rated as 80% and would get 1% company bonus, which came to £1,600 addition to my salary

2. I always got praise during my 1-2-1 sessions ( and no concerns) from my immediate boss whatsoever

According to law I cant apply for unfair dismissal, as I have only been there for 22 months to date, so what can I do ?
Click to expand...

That sucks, as @throwaway4372 mentions that is something that happens and he is perhaps right to be cynical about the timing.

You could try emailing a solicitor specializing in employment law, a brief outline of what's happened, 22 months etc.. and get an initial opinion re: whether it's worth you paying for them to do anything about it - consultation, writing a letter/email on your behalf.

You indicate you were earning £160k and so if you're going to be looking for jobs in that range still then it might be worthwhile getting a consultation and maybe negotiating some stuff - like guarantees re: what reference they'll send any future employers, maybe see if the notice can be extended slightly etc. If there is anywhere they've slipped up but not to the point where a tribunal is worthwhile then maybe there is a bit of leverage for you to get some concessions. Just the fact that their legal department might otherwise need to spend hours dealing with it might be sufficient to get some concessions.

That bonus is low, while you can't expect six-figure banker bonuses a typical bonus in tech firms is more like 10% or 15%, so you should have been looking at £16k or £24k for your bonus and paid annually not just after 20 months! If you join mid-way through a year then you'd expect a pro-rata amount for the months prior to the annual bonus. Also finance doesn't know what your performance is like, any pay rises or bonuses are going to be prefaced with congratulations etc. and put across as a great reward for your hard work even when they're stiffing you - it's odd that you weren't told about it in person with your manager though - the whole point of a bonus is retention (people who are due to be let go often either don't get a bonus or get a small one) and typically they want to know how the employees react to them.

Lastly, it sounds like it's just the big boss needing to make headcount reductions and you're an easy one to cull. While your immediate boss might like you does he also like the other team members. There could be multiple reasons.

Is there an obvious donkey the team has issues with or is everyone fairly decent at their jobs?

Have the other guys been there for more than 2 years?

What are the stats like for the other guys compared to yours?

Do you have a higher basic salary then the other guys?

It could be that there isn't any obvious bad performer to cull but big boss still needs to cull someone so some combo of you being easy to fire + maybe your stats look average etc.. (your teammates know you're not slacking, your direct manager might be ambivalent and says all his guys are good but big boss just has the stats, your base salary, the fact you're easy to get rid of or just whatever personal bias/perceptions he has of you).
 
Semple said:
You'd typically expect a higher salary to offset the risks of working with a start-up, knowing that the start-up could fold really at any point.
Click to expand...

No, you typically wouldn't, especially if you're good - hardly any startups can't afford to pay big tech levels of comp, instead, you're relying on your equity and hope that owning a significant chunk of a small but rapidly growing business is going to be better than owning a minuscule chunk of an established firm.
 
apologies if this is covered already and I missed it but what is your notice period and are you being paid that? That could open up a wrongful dismissal option as there isn't much you can do other than make sure contractual matters are followed.
 
dowie said:
You indicate you were earning £160k and so if you're going to be looking for jobs in that range still then it might be worthwhile getting a consultation and maybe negotiating some stuff - like guarantees re: what reference they'll send any future employers, maybe see if the notice can be extended slightly etc. If there is anywhere they've slipped up but not to the point where a tribunal is worthwhile then maybe there is a bit of leverage for you to get some concessions. Just the fact that their legal department might otherwise need to spend hours dealing with it might be sufficient to get some concessions.

That bonus is low, while you can't expect six-figure banker bonuses a typical bonus in tech firms is more like 10% or 15%, so you should have been looking at £16k or £24k for your bonus and paid annually not just after 20 months! If you join mid-way through a year then you'd expect a pro-rata amount for the months prior to the annual bonus. Also finance doesn't know what your performance is like, any pay rises or bonuses are going to be prefaced with congratulations etc. and put across as a great reward for your hard work even when they're stiffing you - it's odd that you weren't told about it in person with your manager though - the whole point of a bonus is retention (people who are due to be let go often either don't get a bonus or get a small one) and typically they want to know how the employees react to them.

Lastly, it sounds like it's just the big boss needing to make headcount reductions and you're an easy one to cull. While your immediate boss might like you does he also like the other team members. There could be multiple reasons.

Is there an obvious donkey the team has issues with or is everyone fairly decent at their jobs?

Have the other guys been there for more than 2 years?

What are the stats like for the other guys compared to yours?

Do you have a higher basic salary then the other guys?

It could be that there isn't any obvious bad performer to cull but big boss still needs to cull someone so some combo of you being easy to fire + maybe your stats look average etc.. (your teammates know you're not slacking, your direct manager might be ambivalent and says all his guys are good but big boss just has the stats, your base salary, the fact you're easy to get rid of or just whatever personal bias/perceptions he has of you).
Click to expand...
I never said I earn £160,000. I dont earn half that. I said they paid 1% bonus, I dont know how its calculated. But I think its 1% of total profit, shared with the entire company. Again I dont know and dont care, as I know the fat cats would only do so to keep their conscience happy from the bonuses they pay themselves
dowie said:
No, you typically wouldn't, especially if you're good - hardly any startups can't afford to pay big tech levels of comp, instead, you're relying on your equity and hope that owning a significant chunk of a small but rapidly growing business is going to be better than owning a minuscule chunk of an established firm.
Click to expand...
It is not a start up, its been running for almsot 20 years, and extremely successful, so it was bought over. Hence the new company employed me

OldKitMan said:
apologies if this is covered already and I missed it but what is your notice period and are you being paid that? That could open up a wrongful dismissal option as there isn't much you can do other than make sure contractual matters are followed.
Click to expand...
30 days and I never took any of my 25 holidays

I am yet to get my final communication letter/email

And Yes, I think I have a much higher salary that most, as I was hired when the company was bought over. Prior to that it was just a local northern company. I know cause a lot of my colleagues resigned and complained.
 
You must log in or register to reply here.
Back
Top Bottom