Fixed term contract unfairly ended?

[Marik]

Last Monday my employer (senior Manager) ended my fixed term contract 5 months early (I had been there nearly 9 for a mat cover) because she believed I had gone to a job interview and not to a medical appointment during works time.

The previous week another staff member had given her the last page of a job application form that I had accidently left on the photocopier, this stated the date and time of submission and the company I had applied to, it did not state anything about an interview. The staff member told me that he had given it to my employer when I arrived in work the following day so I admitted to her that I was going for an interview but that it was for the following week. I explained my reason for applying which was that I didn't want to be left without a job at the last minute but mainly that I felt I could no longer work with my direct line Manager as she was making my life hell (bullying, intimidating etc).

When I arrived at work on the following Monday she claimed that the interviews for the job had taken place on the day that I had the medical appointment and that I was deliberately trying to avoid taking any annual leave (which I was not) and that I only admitted to it because she had been provided with the evidence and the staff member had told me. The company is well known for dismissing staff that they don't feel fit in or do anything that questions their morals which is why I did not want to tell her about the job interview. I do not think she could have directly asked the company if I had attended the interview. They have paid me 1 month in lieu of notice.

Can they they end my contract without any real evidence?

[ULA]

Have you just been there on a fixed term contract to cover the mat leave i.e. have you been there less than 2 years?

Does you contract allow for early termination and if so what notice is required to be given?

[Marik]

Yes I have been employed there for nearly 9 months to cover a maternity leave which wasn't due to end until January 2020.

I didn't have a contract (instead a conditional offer letter outlining salary and hours) until a few weeks ago starting 1st July and the only statement I can see is 'it may end earlier if the business needs change'. I have the signed copy of the contract, they do not. I also have not been given any right to appeal.

There is a section in the contract regarding Termination of Employment stating gross misconduct etc and then another statement of it may in 'it its absolute discretion, terminate your employment without notice and make a payment in lieu of notice...' This is in all staff the employee contracts and not just mine.

I hope this makes sense, thanks.

[ULA]

As you have less than 2 years service although a process should be followed to dismiss you, even on a fixed term contract, unless it meets certain criteria, even if no process is followed, it will not be an unfair dismissal.

However, if they terminate your fixed term contract early that needs to be done in accordance with the terms of the contract and if there is no provision for an early termination then they would have to pay you for the remainder of the contract. From what you have said though have they decided to terminate on the basis of gross misconduct? In which case the clause "in

its absolute discretion, terminate your employment without notice and make a payment in lieu of notice...' would be what they are relying on.