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Unfair Dismissal

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  • Unfair Dismissal

    Hi, I wonder if anyone could help.

    In December I was made aware my contract would be terminated by my employer.
    I had no formal warning, no written warning and no meeting scheduled from my employer to discuss what could be termination of my contract. My 3 month probation period had passed.

    On December the 6th whilst taking my second sick day in four months to which I had offered a doctors note I was called by the MD and informed that it wasn't working out, I had not managed to hit targets set (which I had, this was a sales role and I had completed call targets and was 90% on sales target with the rest of the month to go) and that my contract had been terminated immediately and I was to be paid until the end of December as I had completed my probation.

    I have since asked for call time and sales target data to which I've received no response.

    To this day I am also yet to receive my dismissal in writing or my P45.

    Can anyone help?
    Tags: None

  • #2
    Re: Unfair Dismissal

    Originally posted by Joe0812 View Post
    Hi, I wonder if anyone could help.

    In December I was made aware my contract would be terminated by my employer.
    I had no formal warning, no written warning and no meeting scheduled from my employer to discuss what could be termination of my contract. My 3 month probation period had passed.

    On December the 6th whilst taking my second sick day in four months to which I had offered a doctors note I was called by the MD and informed that it wasn't working out, I had not managed to hit targets set (which I had, this was a sales role and I had completed call targets and was 90% on sales target with the rest of the month to go) and that my contract had been terminated immediately and I was to be paid until the end of December as I had completed my probation.

    I have since asked for call time and sales target data to which I've received no response.

    To this day I am also yet to receive my dismissal in writing or my P45.

    Can anyone help?
    You have less than two years service, don't you? In which case, you cannot claim unfair dismissal except for a few limited exceptions which there is no evidence apply here. The employer is therefore not obliged to provide you with any reason for dismissal, and does not need to go through any fair process ( although it would be good practice to do so). Basically, if they want you gone, they need do nothing more than they have - tell you that you are dismissed, and, where appropriate, pay notice pay and accrued holidays.

    Your P45 should have been sent, but sorry of asking for it, there is little you can do to obtain it - if they say it had been sent to you then you cannot prove it hasn't, and these days it is easy to arrange your afraid without one.

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