Sacked for mistakes

[Lynnzer]

My son's partner has just been sacked, 20 minutes ago, from a job she started in July.
The job was with a Financial Services company, not an insurance company but a private firm doing financial service work for a client bank.
This job is one that needs a level of training and supervision to be able to do it as it's complex in relation to the requirements of the FSA.
She has just passed her first exam and was in training for the next one in January.
Around 7 weeks ago, she was hauled in front of the boss for a mistake that cost the company a couple of thousand pounds.

Basically the mistake was made as a result of a lack of supervision on that particular instance. It was an investment related issue that she wasn't competent to do on her own and should have been under strict supervision at the time.
This last week she has been on Jury Service and on her return to work today she was sacked for another similar mistake where there should have been supervision but was left on her own to do the job.

Problem is the employment time element first off.
Secondly, given that her employment could be terminated without any reason in the first 2 years has there still got to be a proper termination procedure, ie right to representation, right to be given prior notification of the disciplinary meeting and trhe fact that her continued employment was at risk.

At her first transgression she had none of the disciplinary procedures applied and she was just hauled in and given a warning without prior notification or personal representation at the meeting.

I'm digging out her Contract of Employment and will post this as soon as I can.

[labman]

Re: Sacked for mistakes

Problem is the employment time element first off.
Secondly, given that her employment could be terminated without any reason in the first 2 years has there still got to be a proper termination procedure, ie right to representation,Any employee has the right to fair notice, and also the right to take a 'friend' in with them (union rep etc...) right to be given prior notification of the disciplinary meeting and trhe fact that her continued employment was at risk.

At her first transgression she had none of the disciplinary procedures applied and she was just hauled in and given a warning without prior notification or personal representation at the meeting. If they are giving a warning and a telling off, then she does not need notification.

I'm digging out her Contract of Employment and will post this as soon as I can.

If, as you say, the work she was being given was work that should only have been done with direct supervisioin, I suspect the company has overstepped the mark here.

There are others far more knowledgeable in employment law than me on this site, and I'm sure they'll be along later.

[Lynnzer]

Re: Sacked for mistakes







This is straight from the lawontheweb article

What is unfair dismissal?

There are several instances where dismissal could be deemed unfair and they usually fall into the following categories:

• Your employer did not have a good reason for dismissing you.
• Your employer did not follow the correct procedure when dismissing you and/or acted unreasonably.
• You were dismissed for an automatically unfair reason, e.g. maternity leave.

The way I see it is that the company would have a good reason from sacking her given the mistakes but in mitigation she should have been supervised in her role so her employer was acting unreasonably by not provising her with that necessary supervision.


Next, and I think this is the one that will be the most use, is that fact that the disciplinary procedures were definitely not adhered to.


In both of these instances, the way I see it, the short length of service isn't relevant. Unless you know better........

[charitynjw]

Re: Sacked for mistakes

Hi Lynnzer

The qualifying period for unfair dismissal claims is currently one year's employment (soon to go up to two)

Long shot here - have any other male employees done the same or similar & received no or lesser santions?

[labman]

Re: Sacked for mistakes

I would extend that to has anyone done the same or similar and received lesser sanctions? It matters not what form of tackle they have!

[CleverClogs]

Re: Sacked for mistakes

To have failed to supervise an employee under training may be unfortunate.

To have failed twice in only a few weeks suggests either remarkable negligence on the part of the company or that the employee had been deliberately set up to fail.

[labman]

Re: Sacked for mistakes

A point well made CC. It makes one wonder how many others this has happened to at the company, and whether perhaps they are trying to get the labour they need on the cheap.

[CleverClogs]

Re: Sacked for mistakes

A point well made CC. It makes one wonder how many others this has happened to at the company, and whether perhaps they are trying to get the labour they need on the cheap.

Or to reduce the size of their workforce without giving any notice.

[Lynnzer]

Re: Sacked for mistakes

Or to reduce the size of their workforce without giving any notice.

Amy's been to see me now.


She says she asked if they were sacking her as they used the words, "we'll have to let you go".
They said that they weren't sacking her as she was on probation for 6 months, due to expire next month, and they were just not renewing her contract.

Amy says that as soon as she went in to work today she looked at the "new business" board to see what business has been written in her period of Jury Service and only a single investment had been taken.

She thinks, and it appears likely, that they're reducing the workforce using the last in, first out method but wouldn't confirm that.

Anyway, she won't go into anything legal even if she has a right to as they have promised a good reference to any future employer.

So, topic opened: Topic closed.
Thanks for the input in the meantime and if she has a change of mind and has any further reason to claim discrimination/unfair dismissal or other I'll add to the topic in due course.
Thanks again
For what it's worth I've told her to keep well away from Financial Services in these funny times.

[labman]

Re: Sacked for mistakes

Reducing the size of a workforce is extremely complicated - I've had to do it several times.

Often the easiest way is the criteria which appears to be being used here is last in first out, though they have an easier way out by simply not renewing the contract.

[CleverClogs]

Re: Sacked for mistakes

Anyway, she won't go into anything legal

I'm sure she can count on the people here to provide her with useful alibis when she turns to crime.

[Lynnzer]

Re: Sacked for mistakes

Well folks,
life's tough here in Billy Elliot country. Lots of unemployment, long term sickness and disability, not to even mention genuine skivers and benefit fraudsters HOWEVER:
Amy has another job. Had an interview today as a claims negotiator with a large company and starts on the 12th December.
Pay isn't quite as good but is enhanced after 6 months, and is topped up by monthly bonuses. She saves around £200 a month on travelling and parking expenses so is well chuffed. She'll be into pocket with the overall package and expenses savings.
Thanks for your brief assistance guy'n'gals

[labman]

Re: Sacked for mistakes

Really pleased it's led to a happy resolution. Lynnzer - why not dip in occasionally (or often) to see what's happening. You've learned from this and there may well be people you can help. It would be good to see you around still!

[Lynnzer]

Re: Sacked for mistakes

Really pleased it's led to a happy resolution. Lynnzer - why not dip in occasionally (or often) to see what's happening. You've learned from this and there may well be people you can help. It would be good to see you around still!

I've been around a while and learned quite a few useful things to thwart the dark forces so will keep on visiting.
I'm still in the process of a claim-back against Barclaycard so will get this up and running quite soon when I have a little more time.
I'm more active on Pepipoo where I campaign for justice for lots of people who have been stuffed by the system but Legal beagles is my second home from now, and the other one, CAG?, has become something of a non-starter now..
I can't say I've ever had anything useful from them at any time.
Thanks again to all

[labman]

Re: Sacked for mistakes

Excellent news! Thank you!