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Hellothere.
Iam writing this on behalf of my husband who is feeling too shockedand upset to do anything.
Acouple of weeks ago he was summoned to a meeting at work and withoutany warning he was informed that due to the fact the company werenot happy with his work on a project he was working on he was beingdismissed. An HR manager read a statement to him and he was told toclear his desk. He was given no opportunity to put his case at all.
Thisseemed unbelievable to me, as I thought he would be protected againstthis somehow. However, a solicitor has told him that basically, as hehas not yet been working for the company for two years, he has norights to take his employer to a Tribunal unless it is clear that hehas suffered obvious discrimination.
Itis clear to me that the employer has exploited this situation becausethere have been several meetings about strategy changes, outsourcingvarious roles etc. This has in my opinion just been an easy way toget rid of someone who does not fit into their plans The employer hasnot followed the Acas code at all, but apparently this code is notstatutory. I had assumed that you had to have a verbal warning,written warning, have the opportunity to defend yourself, right tohave someone accompany you to a disciplinary hearing, right toappeal. Apparently not. Basically that says to me that an employercan do more or less what they choose before you have 2 years service.
Hehas had nothing in writing from the company, but apparently myhusband has no right to have anything in writing until he has 2 yearsservice?
WhileI accept the fact that he does not meet the qualifying two years totake this to a tribunal, could we not claim that he has beendiscriminated against because the company did not follow its owndisciplinary policy in dismissing him?
Theother thing that worries me is his reference. He has written to HRand asked about references and they sent a very curt reply saying 'Your reference would have dates of employment and reason for leavingwhich in your case would be dismissal.' In my opinion that would makeit very unlikely for another employer to consider him for employment.
Iunderstand that what the employer would be writing on the referencewould be factual, but I also understand from my extensive internetresearch is that 'anyoneproviding a reference has a duty to take reasonable care not to givemisleading information about the employee and should avoid includingfacts or opinions in such a manner that would create a false ormistaken inference in the mind of the prospective employer.' Mybelief that anyone who read 'dismissal' on a reference would probablymake all sorts of assumptions. They probably wouldn't realise that hewould have cause to go to a Tribunal if he met the 2 year qualifyingperiod!!
Anyadvice as to what to do next would be greatly appreciated...
Thank you
Iam writing this on behalf of my husband who is feeling too shockedand upset to do anything.
Acouple of weeks ago he was summoned to a meeting at work and withoutany warning he was informed that due to the fact the company werenot happy with his work on a project he was working on he was beingdismissed. An HR manager read a statement to him and he was told toclear his desk. He was given no opportunity to put his case at all.
Thisseemed unbelievable to me, as I thought he would be protected againstthis somehow. However, a solicitor has told him that basically, as hehas not yet been working for the company for two years, he has norights to take his employer to a Tribunal unless it is clear that hehas suffered obvious discrimination.
Itis clear to me that the employer has exploited this situation becausethere have been several meetings about strategy changes, outsourcingvarious roles etc. This has in my opinion just been an easy way toget rid of someone who does not fit into their plans The employer hasnot followed the Acas code at all, but apparently this code is notstatutory. I had assumed that you had to have a verbal warning,written warning, have the opportunity to defend yourself, right tohave someone accompany you to a disciplinary hearing, right toappeal. Apparently not. Basically that says to me that an employercan do more or less what they choose before you have 2 years service.
Hehas had nothing in writing from the company, but apparently myhusband has no right to have anything in writing until he has 2 yearsservice?
WhileI accept the fact that he does not meet the qualifying two years totake this to a tribunal, could we not claim that he has beendiscriminated against because the company did not follow its owndisciplinary policy in dismissing him?
Theother thing that worries me is his reference. He has written to HRand asked about references and they sent a very curt reply saying 'Your reference would have dates of employment and reason for leavingwhich in your case would be dismissal.' In my opinion that would makeit very unlikely for another employer to consider him for employment.
Iunderstand that what the employer would be writing on the referencewould be factual, but I also understand from my extensive internetresearch is that 'anyoneproviding a reference has a duty to take reasonable care not to givemisleading information about the employee and should avoid includingfacts or opinions in such a manner that would create a false ormistaken inference in the mind of the prospective employer.' Mybelief that anyone who read 'dismissal' on a reference would probablymake all sorts of assumptions. They probably wouldn't realise that hewould have cause to go to a Tribunal if he met the 2 year qualifyingperiod!!
Anyadvice as to what to do next would be greatly appreciated...
Thank you
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