Can anyone enlighten me as to what the law states (if at all) is the correct procedure regarding the dismissal of an employee?

Won't give specifics just yet apart from the fact i was employed by the company for 10 months, never signed a contract and never recieved a written warning. After chatting to a friend it may be that they unfairly dismissed me.

Any help/advice much appreciated!

Nick.

What does your disciplinary procedure say?

Was it for gross misconduct?

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026692

less than a year? unless is racial or equality issues then you don't have much support, they can pretty much just fire you.More than a year of employment is when all the unfair dismissal stuff kicks in. Although most employment lawyers will do 1/2 hr free so its worth a quick chat. I know a great one in Devon.

Pretty sure that 6 months is the point where things become harder for them to get rid. At least that's what our hr director told us when explaining why we needed to keep temps less than 6 months…

I was never given a copy of the disciplinary procedure!

and not gross misconduct either.

Sorry to hear that but unfortunately because it's less than a year there's not a lot you can do……… unless…….. it was because you complained about not receiving a contract of employment (which should be issued within 2 months of starting if memory serves me right)?

I'm in HR ish and i would suggest that you ring ACAS pdq. Freephone and free impartial advice…. i speak to them regularly to give me a different (non employer} view of things!

The direct gov website is also very good for info.

without the specifics there are too many variables with these things.

Next week youll be sacked for just being surplus to the company, and there will be nothing you can do about it unless you vote labour.

Oh and really sorry youve lost your job.

With less than a years service nothing much you can do as toys says. Go and get advice if you want from someone who can offer professional advice but I doubt its worth it.

I only know this as in my old job we regularly used to get rid of crap shop floor staff – it takes 6-8 months of training and on the job experience to find out if they are any good. Expensive candidate selection process IMO..

From the research i've done so far, it's not looking good 😐

They claim it's for poor performance although there is far more to it than that. I worked as a technical designer for a furniture manufacturer who had just made the switch to 3D software. My two colleagues(who have been with the company years) had recieved their training. I was next in line but they postponed it until my skill level was abit higher. They then decided to advertise for another technical designer. So a new chap started, already experienced in 3D, and a couple of weeks later i'm sacked for poor performance despite being under the impression that i was doing fine and would recieve my training in the near future.

Whilst all this is going on the company has taken some big hits to their profit margins on 4 big projects including losing just under the equivalent of my salary on 2 of the 4 projects!

The whole thing just doesn't seem right to me at all but it would seem they screwed me!

Why train you, when they can get somebody already trained, its like the saying "why cook when you can go to the takeaway"

Sadly they wanted you out and they found a way, who can decide if you where poor at your job, only your employer,as they know what they want.

With a tribunal they look for stress, sexual discrimination, bullying etc, they have no idea how to design furiture,sadly, and thats what the firm are useing to get rid of you.

Best wishes on a new job though.

sorry to hear that seems like bad treatment but unfortunately , due to service length you will need to take it on the chin. Sh1tty but legal Chin up fella

Thanks Project….

Well it's left me feeling pretty stupid to be honest. This year was supposed to get better after 3 funerals in 3 months! Obviously not!

Don't feel stupid.

You've just found out the hard way that not all people are as respectful, caring, decent and as good as you are. That's all.

I had an incident which truly opened my eyes as to just how bad some employers can be, but back on track….

Keep your chin up – most people are decent folks.
Do you have a notice period?
Tomorrow, dust yourself off – stay positive and get out there to find something better. This time you'll know where you stand regarding contracts, so that's 1 more positive thing already….

I'd say go and learn the 3d software pronto. There will be other jobs and if there isn't a requirement for 3d there soon will be..

I've already decided to leave the furniture industry behind but try and use my skills in something else entirely. I've been involved in the industry for 13 years and i think it's reached it's logical conclusion. The furniture industry is fragile and the pay v's skill level ratio is totally at odds with other industries.

yep but 3d cad is a transferable skill. In demand. go for solidworks/pro e/ nx6/catia/solidedge

Just to afirm some of what has been said and fill in some gaps. If you have been with them less than a year, the only protection you have against dismissal is on the grounds of race, gender, sexual orientation, age or religious belief.
If it's simply unfair dismissal then with less than a year, there is zero protection.

If you've been there more than a year then they need to go through a formal process before dismissing you for poor performance. That usually takes around 6 months and involves them meeting with you formally (you have the right to have representation) and explaining what it is specifically they are unhappy about with regard to your performance. They need to then outline in detail what they expect you to be able to do and give you some measurable objectives/targets.

If they said that you have to be able to work with this new piece of software that they have introduced retrospectively and they don't give you training, then that sounds very much like constructive dismissal.

The call to ACAS or the Citizens Advice bods will be well placed and similarly any call to a partner in employment law will usually result in them listening to your situation and then saying whether there is a case or not. Aftter that they will charge you.

Good luck mate – it's a tough place to be in. Either way I would suggest you think hard about pursuing a claim as it is a long drawn out and expensive process unless you've got union representation (first time I've advocated that!) It may be better to just move on, it really depends on how long you've been there.

Bear in mind that the compensation for unfair dismissal not on the grounds cited above, is capped at £50,000 so no matter how bad they've been, that's the limit for what they can be sued for.

Yeah, the company went with Autodesk Inventor which is rather too complicated for designing fitted furniture!

When the software companies came and did their sales pitch, i actually preferred Solidworks.

Edit: I'll leave 'em to it i think….move on i say!

If I was going to recommend good cad software I wouldn't recommend solidworks or autodesk inventor, but if I was going to recommend software that is widely used and would get you a job then maybe solidworks is the one to go for. If you want a sh*t hot job then go NX 6 or pro e or catia.

I've never heard of NX 6 or Pro e but i do see alot of aerospace jobs in Bristol advertising for Catia experienced people.

do it, catia is the one. I prefer NX but thats just what I'm used to.

Yeah, the company went with Autodesk Inventor which is rather too complicated for designing fitted furniture!

Ha Ha well you are better off out of there! Thats got to be the worst choice they could have made. Solidworks is much more intuitive and easier to access the advanced features. Pro/E too fragmented and bolt on based in my opinion and Catia only for the big boys although its PLM ability is second to none.

Thanks toys…you've really given something to think about there.

It's not the company that takes its name from the hills near Gloucester is it?

Clubber….there are hills near Gloucester???

The company in question are about 7 miles south of Yeovil! At least i can say goodbye to the 106 mile round trip every day!!

Ah, not the place I was thinking of then…

Good luck though. Losing that commute sounds good though.

Losing that commute means i regain 2.5-3 hrs a day and about £200 a month spent on diesel! Not including running costs of the car i had to buy just to get there everday!

This really is a blessing in disguise!