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Terminated Inside Two Years, any recourse?

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  • Terminated Inside Two Years, any recourse?

    Hello, a friend was invited to a routine 1to1 with her line manger, instead she was told HR would be joining the meeting, she was then terminated on the spot and the line manager read from a script, she was asked if she has any questions, poor thing was absolutely shocked, mumbled no and the call was over, she was sent a letter of termination and asked to sign which would pay her her notice period within the hour.

    She had been working there for around 1.5yrs, after recovering her thoughts, she asked by email for the reasons they let her go. HR replied on the day that she'd been under informal review for a number of months, it was documented in her online review (which she doesn't have access to), she'd also received a few emails and had calls where her line manager had told her where to improve and she has not improved.

    She has disputed all this, advising she was never advised of being on review, formal or informal and in fact had been commended for her work, also helped her colleagues out, even trained her peers.

    Does she have any recourse? Should the company had followed a process, given her notice and the opportunity to bring in a representative? She did notice that the male line manager had made some very inappropriate comments that can be seen as clearly discriminatory over her tenure, but also told her that anyone can get fired inside two years with no rights including her.
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  • #2
    The 2 year time limit does not apply to claims based on unlawful discrimination. Whether your friend can make out a case is not clear.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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    • #3
      Thanks for your prompt response, she has some records of inappropriate comments made but doesn't think she has an transcripts or recordings though she is leaning towards making that claim. For clarity, she does not want her job back, she just wants to make sure she get's a decent reference and agreement they left mutually as some jobs she's applying for are asking if she was dismissed from anywhere thus putting her at a disadvantage.

      The termination letter stated the will give a reference stating her role and dates, but they also added the following:

      ‘Nothing shall fetter our obligation to give full disclosure as required by law or any regulator, or as required under any statutory or regulatory authority and we reserve the right to withhold, amend or add to any reference in order to meet such obligations and/or as a result of information which comes to light after the date of this letter. For the avoidance of doubt, nothing in this letter shall in any way prevent or inhibit the Company’s ability to comply in full with its obligations to provide a regulatory reference on you if such reference is requested at any time, including updating such regulatory reference as may be required.’

      Also, she is trying to find out what their handbook states, she doesn't have access to this anymore, she is thinking of requesting a SAR, as she was never advised her role was under threat or she was under review, it seem very unfair.

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