They're trying to fire me without using contract's notice period. Please advice

[alem]

My employer (startup) is trying to fire me without using the notice period in the contract. Please advice
He can not make me redundant because there are more people working on the same thing and I'm dealing with the main product of the company.

[ULA]

Sorry to hear about your situation. In order to provide some guidance please can you provide further information by way of answering the following questions:

What is your contractual notice?
What reason have you been given for being dismissed?
How long have you been employed?

[alem]

Thank you for your reply.
Please see inline:

Sorry to hear about your situation. In order to provide some guidance please can you provide further information by way of answering the following questions:

What is your contractual notice? --two months
What reason have you been given for being dismissed? --not doing my job right without mentioning details, although there are emails/calendar events and many more proving the opposite for sure.
How long have you been employed? --less than a year

[ULA]

Unfortunately, with less than 2 years’ service, you can be (fairly) dismissed without your employer giving any reason at all. Although I would always advocate an employer follows a procedure to dismiss an employee with less than two years’ service that is in line with best practice but quite often this does not happen.

In terms of your notice your contractual notice is greater than statutory notice and legally this will prevail. So, either they should ask you to work your two months’ notice or if any there is any clause in your contract that allows for pay in lieu of notice they could opt to do that. Also, just for your information you should also receive any holiday pay for any accrued but untaken holiday pay up to the date of termination.

[alem]

Unfortunately, with less than 2 years’ service, you can be (fairly) dismissed without your employer giving any reason at all. Although I would always advocate an employer follows a procedure to dismiss an employee with less than two years’ service that is in line with best practice but quite often this does not happen.

In terms of your notice your contractual notice is greater than statutory notice and legally this will prevail. So, either they should ask you to work your two months’ notice or if any there is any clause in your contract that allows for pay in lieu of notice they could opt to do that. Also, just for your information you should also receive any holiday pay for any accrued but untaken holiday pay up to the date of termination.

..so my contractual notice cannot be avoided or bypassed in any way -either timewise or moneywise- although he insists on that?
Always based on the fact that there is no 'serious' provable argument for my dismissal...

[4737 Carlin]

As long as no gross misconduct is involved (which there doesn't appear to be) then the contractual notice period will apply. Communicate this to your employer and enclose a copy of the relevant part of the contract to avoid any doubt.

If you don't get anywhere then you can instigate an employment tribunal.

Sorry, but you'll have to give up on the reason for dismissal. You have been there for less than two years so it's pretty much a free rein for your employer.