Sacked on the spot without warning

[Bigredbus]

Payslips are done on site by the accounts department.

As for a mistake the letter they gave me saying they were terminating my employment says the cheque includes 4 weeks basic pay and is signed by the sales manager

If it was a mistake then why would they have gave me a cheque with another 4 weeks pay on it in the first place?

 

Absolutely... the cheque, along with the payslip form part of their intention to remunerate June in full...

 

Keep in mind that they can come back pleading error!

[RachelMD]

I got paid yesterday as normal in the bank for may and the cheque is to cover June.

 

Can i just ask as they have paid me for June with the cheque, wouldn't that take me over 12 months as they have paid me for June???

 

I have two pay slips, one for May and another for June

 

Exactly.

They seem to have given you a payment in lieu of notice.

Now, to legally do that, they need to make contractual provision to do so. However, they haven't even provided you with a Written Statement of Particulars of Employment, which is a statutory requirement to be complied with within 2 months of the commencement of your employment.

 

By making such a payment to you, they are implying that the contractual agreement was that you were entitled to a months notice upon termination of employment. And they should have allowed you to continue working through that period.

Therefore, you should be in a strong position to successfully argue that the 'Effective Date of Termination' of your employment isn't until the end of June.

 

Et Voila! One years continuous employment and Statutory Employment Rights.

[RachelMD]

Gather together every single document, note, email, letter, written comment, payslip, etc that you have in relation to your employment... I read somewhere, I believe, that they did not produce a statement of employment particular within the prescribed time (2 months from start of employment), therefore, sit down and write down all your obligations to your ex-employer, including, but not exhaustively, working hours, responsibilities, car, benefits, etc... everything you may recollect which could be of use to a solicitor in order to have your case assessed...

Yeh Baby

[gazhodge1981]

Thanks everyone,

 

I will now get as much information together as i can find.

 

I terms of obligations to them do you mean what work i did?

I have never had a contract or anything in writing other than 2 emails, one asking me to go for an interview and 2 congrats we would like you to start on the 28th June 2010.

[Bigredbus]

Contract doesn't matter whatsoever... What matters, and will be approached by the panel is the nature of your obligations towards your employer and your employer towards you... as no written 'contract' exists... Hence write down everything you were requested to do on a daily basis, and all inherant jobs and responsibilites.

 

Addendum:

 

If you need help in writing it all, just 'google' - statement of employment particulars - and follow the chapters...

Edited June 1, 2011 by Bigredbus

[gazhodge1981]

Gather together every single document, note, email, letter, written comment, payslip, etc that you have in relation to your employment... I read somewhere, I believe, that they did not produce a statement of employment particular within the prescribed time (2 months from start of employment), therefore, sit down and write down all your obligations to your ex-employer, including, but not exhaustively, working hours, responsibilities, car, benefits, etc... everything you may recollect which could be of use to a solicitor in order to have your case assessed...

 

Should this be set out in terms of a simple list, i.e. answer the telephone, speak to customers, look after web site? or would it need more detail?

[Bigredbus]

Try the detail version... Help yourself on 'google', under 'statement of employment particulars' and follow the chapters... and try to imagine that you are witing your job description...

[jackieandwayne]

There you go! Roll up your sleeves and get cracking! All the luck in the world to you. Blooming swines.

 

I'm going to suggest something else to you. I am sure this has made you feel quite out of sorts. You should pay a visit to your GP and have recorded all that has gone on. Or write a letter to have this on file. You never know how useful that may be later on! Of course, if this has genuinely made you worried about your health then to the GP you must go and blame it squarely on these toe rags who sacked you. I think BigRedBus might know why I always suggest this in these cases, which of course cause terrible shock, depression and despair! Why, I've even known someone develop PTSD because of this sort of thing - me!

[Sidewinder]

 

Did you get a cheque which is one months money plus commission?

 

If so, that helps a lot.

 

Well spotted

 

Bingo! This seems to be exactly the smoking gun that you need.

[gazhodge1981]

Well i managed to speak to one solicitor today on the phone and he asked how long i was employed, to which i said just over 11 months and then went on to tell him about the payment buy cheque and the letter which states 4 weeks basic pay (one month) which would take me over 12 months. All i got on the phone was err err i will have to check this as i only think you get 1 week notice, but he would double check and get back to me. So it is just wait and see what he says tomorrow.

It does feel to me that as they have paid me 4 extra weeks then that would take me over the 12 months.

[Sidewinder]

The point is that you cannot be dismissed without notice except for certain cases of Gross Misconduct. You have been dismissed with four weeks notice so your effective date of termination is on the last day that you are paid to be at work. With a payslip covering June that means that your employment is continuous until the next pay date by implication so you would have strong argument to claim 12 months service and lodge a claim for Unfair Dismissal.

 

The point that Rachel and I have been batting back and forth over PILON is that they could have paid you a tax free lump sum as damages for not affording you the months notice. This would have strengthened any assertion on their part that you had been dismissed without notice and therefore with only 11 months service.

[Ell-enn]

Gaz, check your house insurance - you may have legal advice cover - lots of home policies have that service included.

[gazhodge1981]

is the PILON??? http://www.legalday.co.uk/lexnex/keeble03/keeble040303.htm

 

http://www.hmrc.gov.uk/bulletins/tb24.htm#payment_in_lieu

 

Thanks ell-enn, i have the wife on it

Edited June 1, 2011 by gazhodge1981

[honeybee13]

Gaz, I wonder if the lawyer was thinking of the standard notice of one week which I think applies if there's no contract. Clearly, I shall be corrected pretty smartish if I've remembered wrongly. Was s/he an employment specialist? This sounds relatively basic to a simple soul like me and I'm surprised the lawyer couldn't imagine other scenarios.

 

My best, HB

[gazhodge1981]

Gaz, I wonder if the lawyer was thinking of the standard notice of one week which I think applies if there's no contract. Clearly, I shall be corrected pretty smartish if I've remembered wrongly. Was s/he an employment specialist? This sounds relatively basic to a simple soul like me and I'm surprised the lawyer couldn't imagine other scenarios.

 

My best, HB

 

I was told they were employment law experts and deal a lot in it I think he might just have wanted to double check himself. (will soon find out)

[Bigredbus]

Gaz,

 

Without giving out any detail related to any amount of money, could you detail the content of that payslip, both earnings and deductions... please?

 

So, we can lift doubt on the nature of that payment...

 

Thank you...

[gazhodge1981]

Gaz,

 

Without giving out any detail related to any amount of money, could you detail the content of that payslip, both earnings and deductions... please?

 

So, we can lift doubt on the nature of that payment...

 

Thank you...

 

May:- Payslip dated 31/05/2011 - Money went straight into the bank as normal.

Basic Pay £950

Commission £470

Tax -£231

NI -£98

Total Pay £1420

Total Deductions £329

Total Pay £1090

 

Year to Date:-

Gross £2480

Taxable £2480

Tax £387

Ee NI £153.12

ER NI £179.66

 

Cheque and Payslip:- Both dated 31/05/2011 along with letter - day i got potted

Basic Pay £950

Commission £220

Holiday pay £237.50

Car Benefit £185

Tax -£318.60

NI -£191.10

Total Payment £1592.50

Total Deductions £509.70

Total Pay £1082.80

 

Year to Date:-

Gross £4072.50

Taxable £4072.50

Tax £705.80

Ee NI £344.22

ET NI £399.43

 

Letter:-

 

With Immediate effect we are terminating your employment with **** due to capability (poor performance) and conduct (poor time keeping) we had you a cheque which includes basic wage for four weeks, commission due, holiday pay (1 week) p11d rebate for the loss of fuel and car allowance for one month.

[Bigredbus]

Thanks ever so much...

 

In the absence of Terms and Conditions of employment, a tribunal would hold the view that you would be entitled to a week's notice... However, the content of your payslip for June shows a payment for the whole month (if compared to the payslip you hold for May - and includes accrued holidays), therefore implying that your notice runs to the end of June, thus if we calculate your effective date of termination (EDT), it would be on 30 June 2011, two days passed the necessary one year mark to claim statutory rights.

Edited June 2, 2011 by Bigredbus
Addendum

[gazhodge1981]

Would this payment be classed as a PILON payment??? or a payment for the breach of contract (damages)??? sorry for being thick this morning

 

Thanks Bigredbus

[RachelMD]

Thanks ever so much...

 

In the absence of Terms and Conditions of employment, a tribunal would hold the view that you would be entitled to a week's notice... However, the content of your payslip for June shows a payment for the whole month (if compared to the payslip you hold for May - and includes accrued holidays), therefore implying that your notice runs to the end of June, thus if we calculate your effective date of termination (EDT), it would be on 30 June 2011, two days passed the necessary one year mark to claim statutory rights.

Aye

[RachelMD]

Would this payment be classed as a PILON payment??? or a payment for the breach of contract (damages)??? sorry for being thick this morning

 

Thanks Bigredbus

Did they say either way?

Given the absence of a WSoPoE, they're knackered basically.

There was no contractual provision for this situation, so whatever their argument, they should lose.

[Bigredbus]

Pilon...

[gazhodge1981]

Would it be possible to get a list of all the steps i now need to take please just so i know what to expect.

 

Thank you all so much so far.

[Bigredbus]

What do you want to achieve?

[gazhodge1981]

What do you want to achieve?

 

TBH i don't think i could go back now as i am a bit embarrassed plus i am sure they would make it difficult for me.

Maybe some compensation or something till i find another job. I just need to make sure i can pay my bills TBH