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  • Employment Law types to the forum please; assistance required.
  • freddyg
    Free Member

    Hello folks, I could do with some advice – and yes I've already considered shoes/piddle, bombers and M'ingTFU. 🙂 It's quite a long post, I apologise.

    At the begining of July, I started a new job in a small(ish) local firm as the head of a small department.

    A little history: It transpires that the former head of this department (Mr A) got p!ssed up at the 2009 Christmas Party and walked up to the MD demanding a pay rise. This didn't go down too well. Early in 2010 he gave the company an ultimatum – pay rise or he resigns. They accepted his resignation and started a recruitment campaign. I applied for the post in mid January.

    In the intervening six months, the other chap stayed on to keep things going; I was told he would leave after a short hand-over period. In week one of my employment, I took each of the team to one side to have a private chat to get to know them, find out what they wanted etc. When I took Mr A for a natter, I asked what he was going to do – he said he'd changed his mind and now didn't want to leave. The guy is a good worker, so I was pleased to have him as part of the team.

    During this early period, my line manager (the Financial Director) took me to one side and asked me to analyse the department and the companies infrastructure and make some recommendations – one aspect in particular being the head-count and how to reduce it. I did this and found thirty one 'projects' (some big, some small) that needed to be completed before any reduction in head-count should be considered. This didn't go down too well, but then I'm not a 'yes' man.

    In my six weeks at the company, the Financial Director was only on-site for three; on business during my week one, and on holiday for the last two weeks. I was given no induction or even introduced to the rest of the management team.

    Yesterday, I was fired and walked off the site. The reasons I was given for this are:

  • I had not made the 'splash' they'd wanted and 'it wasn't working'. (I was only six weeks in!)
  • Dishevelled appearance of one of my team on one specific day (he cycles to work and had forgotten his spare shirt – what am I supposed to do about that?!)
  • There had been an overheard conversation about buying a motorbike over the internet (which, incidentally, took place over lunch)
  • There had been an overheard conversation about a new television (a continuation of a 'what did you do at the weekend'? Again, took place over lunch)
  • My department was too 'cosy'. Regarded as too relaxed.
  • I had installed a radio to improve the atmosphere as it was unnervingly silent. This was apparently demotivating (there were other radios on site and it was only audible when there were no conversations taking place)
  • Complained that I had put in a request for funding of a small (£2k) IT purchase the day after the FD left for his holiday (does the business stop when he is on holiday? I was not aware that I had to run everything past him)
  • Maybe it was sour grapes because I like to treat my staff like adults rather than shout at them? Strange, though that they responded rather well (much to the chagrin of Mr A. He'd apparently tried to get them to respond for a couple of years, without success).

    I questioned as to why there had been no verbal communication or written warning and was told "It is not up for discussion. There's no going back. The decision has been made."

    Do I just forget about it and walk away (I have already had an interesting call about another opportunity) or do I fight?

    Do I have any grounds for wrongful dismissal, even though I'd been there for such a short period of time? There's no way I would go back and work for them after this, but surely they can't treat people like this? I left a pretty good corporate job to join them as I felt like I could really make a difference.

    Yours,
    bitch-slapped of Leicestershire.
    😐

cynic-al
Free Member

I don't think you have any rights to unfair dismissal claim until you have been there for a year. CAB website will confirm.

TandemJeremy
Free Member

Al is right – there are exemptions if its discrimination but basically there is nowt you can do. Have you got all your holiday pay and notice pay and stuff – that you can enforce fairly easily

franksinatra
Full Member

Wrongful dismissal is hard to prove with little to gain. With only being there 6 weeks I really don't think you will get anywhere. Walk away and consider yourself lucky.

Only concern may be references, could you come to an agreement with them regarding quality of any reference they may supply?

freddyg
Free Member

I thought the same and have looked on the CAB website, but couldn't find anything. I've also checked the direct.gov.uk site too.

EDIT: TJ. I think so. I have requested this in writing (e-mail) but so far have heard nothing.

FS. They've said they will provide a reference, but I'm not sure I'd want it. A six week gap in my employment record (of 22 years) could possibly be explained away.

Junkyard
Free Member

doomed as less than one year in but check cotract over notice periood
As long as not discrimination on sexuality,race ener they can sack you becasue they dont like your shoes or any other reason they choose
SUCKS but legal

WTF would a reference look like from them?

cynic-al
Free Member

from http://www.thompsons.law.co.uk/ltext/l1020001.htm

What is unfair dismissal?
Unfair dismissal is a statutory right giving employees with one year’s service the right to complain to a Tribunal that they have not been treated fairly or reasonably by their employer.

freddyg
Free Member

Better off out then? Thanks folks.

Anyone need a 42 year old IT manager/ex-Infrastructure Architect? All jobs considered. Will work for food.

project
Free Member

Sadly yopur face didnt fit, they brought you in a hatchet man to sack staff, not to do a good job, go to a tribunal, but you may fail, but it may be fun to see what happens at the old company,when they recieve the letter.

IanMunro
Free Member

Sorry, that sucks.
I haven't any particular advice, but you sound like a good manager, and deserve a better company.

highclimber
Free Member

ring ACAS

br
Free Member

Ultimately its down to how big the payoff was – if its your notice period, fine.

If not, write and ask for what you are owed.

freddyg
Free Member

Thank you for the kind words folks. I'm feeling better about it after a bit of reflection.

It's odd, but it never felt 'right'. I suppose I should have known when the FD turned up 35 minutes late for my first interview and didn't have the decency to apologise to the fat bloke sat sweating in his bestest interview suit.

I was tempted to ring ACAS, but I don't think I'll bother. What would I gain other than a load of stress?

Br. They've promised payment of my months notice period. I have also requested payment for accrued holidays (5 days) but am not holding my breath.

TandemJeremy
Free Member

They must pay you your holiday entitlement and notice. 1/13 of what you have earned gross IIRC ( minus any holidays you have taken)

However forget any other fighting. You will not get anywhere and its not worth the stress. You have no recourse to a tribunal.

freddyg
Free Member

Thanks TJ. I'll limit myself to righteous indignation only 8)

clubber
Free Member

Don't forget to wee in their shoes when they're not looking. Sounds like you're better off out…

Viewing 16 posts - 1 through 16 (of 16 total)

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