Dismissed without warning after being bullied

[Origami]

Hi,

I was wondering if someone can help me with my case, any input is appreciated.

I was dismissed without notice nor knowing the reason for dismissal until mid way through the meeting. The company has not provided evidence of anything that they said.
- I had been employed for less that 2 years
- I felt I was being bullied and diminished by senior member of staff and brought this to the attention of my line manager in several occasions
- As a result of said bullying I took time off due to stress in several occasions
- I was never dismissed from a previous job nor anything alike what I was accused off was ever brought to my attention

I know there is a lot of wrongdoing in the way this company acted but I am lacking clarity to understand what type of claim I can bring into an employment tribunal knowing that the route of unfair dismissal is not possible.

Thank you.

[paulocalla]

Hello, I am very sorry to hear that you were dismissed without notice. It certainly sounds as though the employer has acted unreasonably however as you correctly acknowledge you have limited legal rights as you were not employed for two years or longer which means that unless one of the limited exceptions apply you will not be able to bring an unfair dismissal claim to an Employment Tribunal. An example of an exception to the usual two year rule is where the dismissal is connected to a disability and it is possible that your long term mental health condition could be classified as a disability under Section 6 of the Equality Act 2010 however from what you say it is unlikely that the employer knew or could reasonably be presumed to know about this condition which you would need to prove in order to bring a successful disability discrimination claim.

You are certainly entitled to be paid for unused but accrued holiday pay. Employees and employers often disagree about how much holiday is owed following a dismissal and so you will need to prepare a schedule showing the holiday that you have taken along with what you say is outstanding and owed to you. I would suggest you present this information to your former employer with a request that they settle the outstanding holiday pay in 14 days failing which you could potentially bring a claim to an Employment Tribunal relating to the money owed to you. You will need to register your claim with ACAS before doing this and ACAS may even be able to liaise with your employer and resolve this for you.

I hope this information has been helpful.

[Origami]

I was wondering if someone can help.
Upon bringing a claim to the ET and raising wrongful dismissal issues, will the pension an employer should be paying and didn't be considered even if they started doing it at some point?
Also, what much should I be able to get if this is matched by the employer, would they allege the employee also did not pay (this was in their hands to do).
What is the qualifying period?

Thank you.

[ULA]

Does this post relate to your thread with the title of Dismissed without warning after being bullied"? If so have you now made a claim for unfair dismissal based on discrimination?

[ULA]

I am going to merge the two threads as it will make it easier for those of us providing advice to have the full understanding of your situation.

[ULA]

You should have been automatically enrolled in the company pension either on start of employment or by at least month 3 as some schemes are on a deferred start until month 3 of employment.

When did you notice that the company was not paying into the pension scheme? Whose contributions were not being paid in yours, the employers or both? Did you at any point speak to your employer about the sitution and if so what was the response?

[Origami]

You should have been automatically enrolled in the company pension either on start of employment or by at least month 3 as some schemes are on a deferred start until month 3 of employment.

When did you notice that the company was not paying into the pension scheme? Whose contributions were not being paid in yours, the employers or both? Did you at any point speak to your employer about the situation and if so what was the response?

To opt for the company pension scheme they make employees sign a document opting out of the other type (mandatory) pension.
in the first month I should have received company pension I noticed this had not been discounted and immediately highlighted. I chased this for 9 months and the answer I received was that many other people were on the same situation.

[ULA]

Sorry I am really unclear as to what you mean "To opt for the company pension scheme they make employees sign a document opting out of the other type (mandatory) pension." Auto enrolment is a mandatory requirement for your company to put you into the chosen pension scheme unless you write to your employer requesting to opt out.

[Origami]

There is the automatic enrolment pension scheme that is mandatory which all employers have to discount for unless the employee opts out.
And there are group pensions some companies offer which they call "company pension" and can be matched by the employer, e.g. you say you want to pay 5% as salary sacrifice and your employer will pay 5% on top.

This company, and so the employee would gain access to their own pension scheme, made everyone sign an opt-out of the mandatory one.
And, in this case, after the employees opted out, they have not made any discounts towards pension for many months.
I hope it is clearer and thank you.

[ULA]

All employers have to enrol any qualifying employees into a pension scheme unless the employee at their own request (not ordered to by the employer) decides to opt out. The current minimum required contributions are 3% employer and 5% employee.

If the company,prior to the requirement for auto-enrolment was introduced, already had a pension scheme in place that satisfied the requirment of the auto enrolement scheme then this pension scheme could continue to operate but the requirements for staff to be enroled into the scheme unless they opted out had to be put in place.

If your ex-employer has not been paying either their and/or your contribitions into the pension scheme then you need to contact the pensions regulator to report them to The Pensions Regulator. You can do this via the missing workplace pension contribution form.

https://forms.thepensionsregulator.g...120.1572910082

There’s also a form to report your employer for overall non-compliance with their workplace pension duties.

https://forms.thepensionsregulator.g...120.1572910082

[Origami]

All employers have to enrol any qualifying employees into a pension scheme unless the employee at their own request (not ordered to by the employer) decides to opt out. The current minimum required contributions are 3% employer and 5% employee.

If the company,prior to the requirement for auto-enrolment was introduced, already had a pension scheme in place that satisfied the requirment of the auto enrolement scheme then this pension scheme could continue to operate but the requirements for staff to be enroled into the scheme unless they opted out had to be put in place.

If your ex-employer has not been paying either their and/or your contribitions into the pension scheme then you need to contact the pensions regulator to report them to The Pensions Regulator. You can do this via the missing workplace pension contribution form.

https://forms.thepensionsregulator.g...120.1572910082

There’s also a form to report your employer for overall non-compliance with their workplace pension duties.

https://forms.thepensionsregulator.g...120.1572910082

Thank you ULA