Summarily Dismissed

[MMHKT]

Hi all. Thank you in advance for help and apologies if this post goes on longer than I intended, I will try and keep it to the point!

I'm after some advice, although I am still in the middle of things at the moment.

I have been working for my employer since June 2014. Since that time, I have had a lot of sickness absence (including hospital stays) due to a kidney problem which is ongoing.
Every time I have been off sick, I have emailed or called my boss each day I was off (even when I was in hospital. I let them know every day I couldn't come in).
I had time off in December, January and February.

My boss called me in to the meeting room and sat me down. He said we needed an on the record chat, offered me to ask someone to come and join me if I wanted. I refused, thinking it was probably a verbal or written warning about sickness absence (about which he has always been understanding and we enjoy what I thought was a good relationship). He sacked me on the spot, and when I asked why, he said it was performance issues. I was shocked and became very upset as I was taken entirely by surprise. He offered me the right to appeal, but then said he'd like me to work my notice, help recruit my replacement, and do a proper handover.
I took some advice from my dad (who is my rock, thanks dad!) who was very angry on my behalf (I'm still just upset) and I have followed his advice except for one thing (I have agreed to work my notice and he advised me not to.)

I met with my boss on the Friday and brought my dad along with me for support. I asked for a Settlement Agreement that would include me working my month's notice, handing over, as long as I received a loss of office payment to keep me going and a reference (which boss had already offered). I disputed that my dismissal was brought about by 'poor performance' and rather in response to my ongoing illness.

Some points:
- I have never been paid SSP. I have only ever had sickness days deducted from my pay, after I have paid full tax/NI etc. When I asked accounts about this, they said as they had never received a sick note I wasn't entitled to SSP. Some months I came out with very little (£400 in December for example) and although I have queried this, it has never been addressed. I have got into debt in order to survive the months I was short on pay. I was never asked for a sick note or to prove I had been ill, boss was always very understanding. I came in to work sick some times and was sent home! They know I wasn't "skiving". Since then, I asked my GP for a sick note (for most recent absence) and he said he is happy to do me a letter or 'backdate' notes to prove my illness is genuine.
- I have never signed or had sight of a contract/statement of terms and conditions, although I understand one was prepared to comply with ISO9001 about 6 months after I joined the company, I have never signed this.
- When I was dismissed, I was 21 months into employment. (3 months short of protected employment or 2 months including my notice)
- I have never had a performance review, appraisal, warning or even a stern talking to. Sickness absence has never been addressed as a problem (boss very understanding).
- a few days before my dismissal, boss asked if doctors had diagnosed me. I said they think it may be kidney disease but I'm still undergoing testing (blood/urine is being monitored and I'm going for a scan in April), they want to investigate the root cause of my recurring infections (which cause me to be off). He said, if it's kidney disease will I get better? I said no, you don't get better but you can just manage it. The following week I was sacked.
- I believe pressure from the board forced his hand because I've been off sick so much. I don't think he genuinely thinks I'm not good enough in my job (in fact, said how awesome I am but said one element is lacking and that's why I'm being booted out), if he were to undergo an improvement plan/warning system it's likely I'd reach 2 year mark so I think this has been done in haste.

Following the meeting that I have asked for the Settlement (how can I carry on working for my boss now I know he wants me out?!) boss has said the points I made in the meeting following dismissal should be heard as an appeal (basically I disagree that my performance is bad enough to warrant sacking). I didn't ask for an appeal but I have agreed to it in order to follow process and make my points to a different director.
My appeal 'hearing' is today. I am going to ask for the settlement again.

I have been in work every day since the dismissal, working my notice, although it is AWKWARD AS HELL being in the office alone with boss (I share a room with him in our building).

Come April, I am out of a job. I have been looking but I don't think I will 'walk into' a position and this is why I have asked for a 'loss of office' payment to give me a bit of breathing space until I can find something else.

My plan is to settle, but if they will not agree to a settlement, I intend to contact ACAS to get involved and mediate/conciliate, and if I have to, I will pursue a claim in the ET but this is last resort and I would like to walk away as gently as possible.

Bearing in mind the stage I am already at, does anyone have any advice or input?

[Kati]

Re: Summarily Dismissed

:bump: for [MENTION=26290]mariefab[/MENTION] xx

[MMHKT]

Re: Summarily Dismissed

Sorry just seen this has gone into the welcome forum, can anyone move it to the employment one? Newbie fail.

[mariefab]

Re: Summarily Dismissed

Have they said exactly what the performance issue is?

[mariefab]

Re: Summarily Dismissed

By that ^ I mean has he described the one element that it's considered you're lacking?
If he has, do you agree that it's an element that needs to be worked on?

[Kati]

Re: Summarily Dismissed

Sorry just seen this has gone into the welcome forum, can anyone move it to the employment one? Newbie fail.

done xx

[Noah]

Re: Summarily Dismissed

Hi
Not entirely relevant to your dismissal but did you send in sick notes or complete self certificates?

If so then you will be due SSP however it is a long while since I had responsibility for that so the rules may have changed

[mariefab]

Re: Summarily Dismissed

Another question, was this performance issue raised with you before you were dismissed?

[mariefab]

Re: Summarily Dismissed

In case we don't have time to thrash this out before your hearing, I suggest that you hand in something like the following at the start of the meeting because having things in writing is important.
I'm making some assumptions, so check that it's true.


Last week (boss' name) asked me if doctors had diagnosed me.
I said they think it may be kidney disease but I'm still undergoing testing to investigate the root cause of my recurring infections.
He asked, if it's kidney disease will I get better?
I said no, you don't get better but you can just manage it.

I have never had a performance review, appraisal, warning or even a stern talking to while I've worked here.
I've only had positive comments on my performance.
The first time that a performance problem was raised was when it was given as a reason for my dismissal.

[MMHKT]

Re: Summarily Dismissed

My role is a bit 'all encompassing' and it is a small element of that (making direct sales calls). In the meeting following the dismissal, I argued that my performance as a whole was very good (which boss agreed with), and argued that this element had been successful in that I had secured meetings/got a foot in the door with several companies in our target market.
My performance in this respect is not the real issue, my boss was saying I haven't done 'enough' of it (mostly because of being off sporadically due to illness).

Last year I accompanied him to meetings to outsource this 'element' as he saw it as a full time pursuit. This was dropped on grounds of cost (I think.)

[MMHKT]

Re: Summarily Dismissed

Hi
Not entirely relevant to your dismissal but did you send in sick notes or complete self certificates?

If so then you will be due SSP however it is a long while since I had responsibility for that so the rules may have changed

Never sent in sick notes (never asked my GP for them), never completed a self cert as there aren't any forms or anything for this. I emailed boss every day I was off, was never asked to prove sickness or hospital stays. My GP said he can do me a letter for my employer if necessary, told this isn't necessary by boss.

[MMHKT]

Re: Summarily Dismissed

In case we don't have time to thrash this out before your hearing, I suggest that you hand in something like the following at the start of the meeting because having things in writing is important.
I'm making some assumptions, so check that it's true.


Last week (boss' name) asked me if doctors had diagnosed me.
I said they think it may be kidney disease but I'm still undergoing testing to investigate the root cause of my recurring infections.
He asked, if it's kidney disease will I get better?
I said no, you don't get better but you can just manage it.

I have never had a performance review, appraisal, warning or even a stern talking to while I've worked here.
I've only had positive comments on my performance.
The first time that a performance problem was raised was when it was given as a reason for my dismissal.

Thank you and yes I made all these points at my appeal today and they were written down as part of a record of what was said. The director hearing the appeal said he needs to consult chairman and I will have an answer on Tuesday by the end of the day.
I feel the worst is over now and was quite calm in the appeal.
Feeling a bit foolish for crying so much on the day of the dismissal but the rug was really pulled from under me!

Thank you all so far for replies :tinysmile_grin_t:

[MMHKT]

Re: Summarily Dismissed

Update on how things have gone.
I did not get an answer to my settlement proposal on the following Tuesday. It took until 17th March and then they offered me a settlement for half of what I'd asked for. Anyway as part of that it said I had to take legal advice to make the agreement. So I called an employment lawyer who gave me a consultation. He basically told me that although I couldn't be guaranteed a win at tribunal, he felt I had a good case and that I shouldn't settle for half of what I originally asked for.
I spoke to the director who heard my appeal and said I was sticking to my original proposal which I felt was reasonable. He said he needed to consult the board. So on 22nd March, they responded and said, take what they have offered or it will be withdrawn, and that they thought their offer was 'generous'.
On this same day (they demanded that I work my notice so I was still in every day, despite unbearable awkwardness, because I couldn't afford for them not to pay me) before the board meeting, one of the directors very audibly called me a "f**king c***" in the corridor of the office. I emailed director who heard my 'appeal' to say I'd heard what had been said, and that I needed them to make a decision on the settlement because it was getting beyond a joke (20 days after I was dismissed and no outcome).
Director who heard my appeal said other director said the comment wasn't about me (or any other employee) and he was 'upset and offended' that I thought he was referring to me (!!). Colleagues have told me that whilst I was off with kidney problems, he had shouted "why are we f**king paying for her if she is never here" and other nasty things. This is a man who once told me "no f**king pakis or girls" when I was recuiting for an engineer for him. (HR also not in my job description!)
Anyway, they have said, take the offer or it's withdrawn. I stood my ground. By this point I've had 3 interviews and 2 rejections, so 'walking into' another job is not happening.
I haven't been able to sleep. Arguments going round and round in my head. The words of the lawyer about how they will attack me and what they will say to prove my performance was bad. I went to see my GP who told me not to go back into work and gave me tablets to help me sleep.
I emailed my boss to say GP said I shouldn't go back in but I needed to pick some personal items up and wanted to say goodbye to colleagues and hand over passwords etc. I went in on 31st March (my last day) and it was so awful. I was feeling so emotional and haven't slept properly. I looked and felt just terrible, it took me hours to get the courage up to drive over there. I was there for hours, handing over passwords and explaining things.
My boss said he needed to go through final payment with me. They deducted previous sickness that they hadn't accounted for, and sickness from March. They gave me expenses and holiday pay. They also said they would give me £680 SSP as a 'goodwill gesture'.
Towards the end of the day, I was asked to go into the board room. Colleagues had made me a massive cake with my name on, got me loads of bunches of flowers and presents and a card. It was so upsetting. Everyone gave me a hug and said how shocked and upset they were that I had to go. It was actually traumatic. I went home and I just cried and cried and cried, and felt so defeated.
I spent the next 72 hours in bed, awake, crying. My rent and car payments etc bounced on the 1st April as they hadn't paid me as normal, and said it was paid by BACS on the 31st which meant I didn't get anything until 5th April.

I'm still not sleeping and have just got more rejections from job applications. It's so hard to stay positive. I get terrible headaches and just lay and think things over and over. I've had to sign on (that was a demoralising process too!). I feel at an all time low. I got in touch with ACAS last week who have tried to conciliate but they say the company has said it has made its final payment to me and that the previous settlement offer was withdrawn, and that they didn't think I have a claim so they aren't offering anything.

So, now I will think about bringing a claim in the tribunal. Right now that looks like a mountain looming in front of me. I think the company is hoping I have lost the will to fight and I'll just go away.
If they think that, they don't know me at all.

But, where to start? I still don't have a kidney disease diagnosis (I had a scan today but the specialist would not make any comment to me and said my GP would discuss with me after they provide a report).
I've been doing a bit of research and think I should do the questionnaire before I complete the ET1.

Any help, guidance, suggestions is massively appreciated and welcomed.