Reply to: Sacked Today

[NotAllThere]

Wondering why the OP hasn't responded, I suspect he'd post elsewhere too.

A single google search tells me he wasn't happy with the answers he got and went elsewhere. I might post over there on their thoughts on IR35.

Sacked today | Mumsnet

Thanks. I do search to check for cross posting, but I guess we're first in alphabetical order. Poster banned.

[northernladuk]

Wondering why the OP hasn't responded, I suspect he'd post elsewhere too.

A single google search tells me he wasn't happy with the answers he got and went elsewhere. I might post over there on their thoughts on IR35.

Sacked today | Mumsnet

I would assume if they've posted on mumsnet then it's a she. Either that or they have bigger cojones than me as I wouldn't dare.

Shame they didn't come back. Looking at the term sales targets I am assuming this isn't a highly skilled role so if it's the energy sales type people they hire and fire regularly with little regard for the law which is why they think they can get away with it.
If I'm anywhere close the the fact the OP has disputed the targets will be why they've gone. Not pleasant environments to work in those sales roles.

Anyway, plenty of internet hugs will be given over there so guess this thread is done.

[Paralytic]

Wondering why the OP hasn't responded, I suspect he'd post elsewhere too.

A single google search tells me he wasn't happy with the answers he got and went elsewhere. I might post over there on their thoughts on IR35.

https://www.mumsnet.com/Talk/employm...1-Sacked-today

[Paralytic]

Why are people telling the OP to move on?

Cntxy81, you need to get legal advice as you have rights here.

It sounds like the employer are trying it on by saying that you resigned 3 months previous and are giving you 3 months pay as a redundancy in the hope that you'll accept that as tax free whereas the 3 months pay in lieu would be taxable.

From what you've said (though we're only hearing one side of things) its very likely they've broken all sorts of redundancy rules here (eg, verbal and written warnings, redundancy pay as well as notice period pay, following due process) but the actual rules will depend whether they're claiming a level of misconduct.

Did you get in writing their reason for dismissal?

[pr1]

My last perm client tried to do that and I got 30% more with no effort at all. Its blatantly wrong and a decent lawyer will rip them a new one.

I think you mean employer, or were you a disguised contractor?

[WordIsBond]

stop the press....

LOL

[Lance]

Happened to me

stop the press....

[psychocandy]

Happened to me years ago. Had a meeting got informed of an allegation from a customer and I was being suspended. Alarm bells started ringing when they said at the end "if you sign this compromise agreement, leave quietly, we'll pay you xyz".

Thing is the "complaint" was a bit crap too. I'd done far worse than this in the past! Anyway, turns out they'd decided to "investigate" 3 other people that day too - funny that.

I had a friend of a friend at the time who was a top HR/employment law person. They basically said, this sort of thing is VERY common - companies do this because its easier than doing the proper redundancy thing and quicker.

Alas, they also said, its not really worth fighting because you're not going to gain a lot, and companies know this. However, this person did help me screw them for a lot more of a payout.

My ex-employer were REALLY annoyed about it apparently - I remember visiting to hand back my laptop etc and the HR guy decided to come out and have a go at me that I'd got this "hot shot lawyer to threaten them". I just shrugged thinking "hang on you decided to go this route".

Was well pleased to hear the MD got investigated for fiddling government grants a year or so later and the company went bust.

[sal]

Sounds like a good offer of about 5m net pay, I would take it and move on. But I'm a contractor and in my early permie days have never been sacked so don't have a "life lesson"/experience to share.

There is zero chance you get the job back, even if it was would you go into what will be a toxic environment? If you are unhappy with the sum offered - seek legal advise. Check if you have legal cover with your home insurance for example or free legal advise with something else (RAC offer it for free with their breakdown cover for example). I would think very hard before going to a no-win-no-fee solicitors, their fees will easily eat up any extra cash you manage to claw on top of what's already on the table.

[mudskipper]

Payment in lieu of notice (PILON) is not considered a redundancy payment and is taxable.

If you are being made redundant, you should get at least min statutory redundancy (tax free) as well as the PILON.

ACAS offer free and informed advice, so give them a call.



Disclaimer : 10 years since I dealt with this stuff, so may have changed.

[saptastic]

They need to pay you redundancy and your notice. And if there is any equivalent job titles at your company everyone needs to be considered for redundancy. The alternative is that they need to arrange a compromise agreement with you which you both need to sign.

[Lance]

I'd suggest to seek legal advice. They'll hear you out for free (not for long mid) and give you an indication of likelehood.
Ring a few different firms for balance.

Forget the no-win no-fee cowboys. Proper firms will likely do you for a fixed fee.
This will involve them writing some letters until the employer coughs up a sensible amount of money (as NLUK says) at which point you settle.... Under no circumstances allow it to go to court. If it goes to court it's because the firm have a very good chance of winning. Letters are that are needed to get you more money.

[Invisiblehand]

Take the money. Find a new job.

This.

[BrilloPad]

An old oil company I worked staff for had a habit of doing this. They binned 4 or 5 guys over a period of a few weeks for "underperformance". They would give them 6 months pay plus a separate line item of £500 "to seek legal advice". Only one (to my knowledge) sought the legal advice - the rest just pocketed the £500. I was quite friendly with the one that did. He told me the lawyer said:

"Yes you were unfairly dismissed. Yes you will win at a tribunal. The award will be around six months pay. That will be £500 please"

JPM give a lawyer £500 to give you legal advice. Who then tell you that you have no claim.....

[sludgesurfer]

Please give me some advice.

An old oil company I worked staff for had a habit of doing this. They binned 4 or 5 guys over a period of a few weeks for "underperformance". They would give them 6 months pay plus a separate line item of £500 "to seek legal advice". Only one (to my knowledge) sought the legal advice - the rest just pocketed the £500. I was quite friendly with the one that did. He told me the lawyer said:

"Yes you were unfairly dismissed. Yes you will win at a tribunal. The award will be around six months pay. That will be £500 please"