Let go from job with no warning

I started mt job August 2005.

Head of HR came into me today and told me they were letting me go and she followed with "your work is excellent, you are an excellent employee and we will give you an excellent reference plus three months salary". She said it was a personality clash with the owner.

I had no idea I thought we were getting on fine. We had an issue last Friday but I thought it was resloved as I had emails showing I was right to take the action I took. They never spoke to me about anything, no warning nothing.

They told me there was nothing I could do because I am there less than 12 months and basically tough luck.

I know I can't claim unfair dismissal. The Dept of Fair Trade etc whatever they are called said there is nothing I can.

No proper procedure was followed not even in house policy ....

Is there ANYTHING I can do? I was asked to leave straight away it looks so bad on me!

Can I do anything at all? can I challenge the law as it stands?

I am really angry and feel that this situation is crazy. I have no protection at all.

Yup, my understanding is that if you've less than 12 mths service, you've no protection, except in very sepecial cases:


Yes, it's unfair, but to be honest I would try and put it behind you. Take the money and run (they're being relatively generous with the 3mths pay).

Life's a bitch & then you die.

EmilyB said:

I was asked to leave straight away it looks so bad on me!

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Not necessarily, and — as has been pointed out — the severance deal is probably not as bad as it might seem to you right now...

Carpe diem, and all that!

USe the three months slary to afford you time to get another job.

EmilyB said:

I no I can't claim unfair dismissal.

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This is incorrect. You cannot claim Unfair Dismissal under the unfair dismissals act. However you can claim unfair dismissal under the Industrial relations Act. You can take your case to a Rights Commissioner who is a member of Labour Relations Commission. If you are not happy with his decision, you can appeal this to the Labour Court. While you most likely will not get any compensation (given that they have given you a severance package of 3 months), the commissioner will find that you have been unfairly dismissed as procedures were clearly not adhered to.

Just one other point. When in August did you start? Your employment does not terminate on the date the company gives you notice but one month after this assuming that you were entitled to one months notice. So if you started prior to the 3rd of August you will be entitled to claim under the unfair dismissals act. Again it is highly unlikely that any compensation awarded will be in excess of 3 months given that they will take into account the severance package received.

The three months salary will do nothing to ease the anger and frustration that you feel! It's perfectly understandable. Maybe you are one of the special cases Tiger talks about but if you go down that road you'll probably end up even more frustrated and angry.

The thing I would be worried about is the 'good reference'...I'd get this in writing to show to prospective employers. Many employers now send email for references or make a phone call. Should that be the case, you have no way of knowing whether the reference given was good or bad. If you attach a copy of this to your CV then at least your new employer would know that something was amiss if they get a different story when they ring.

Hi there

Something very similar happened to me 2 years ago and it's awful. The shock alone is hard. All I can say is that you are better off just packing up and leaving, don't worry about a reference they have to give you a good one once your work was up to scratch. I actually didn't ask my previous employer for one but used one from a position I had held in another company for 7 years and I use that all the time. When going for interviews just say that your last position was a temp contract or soemthing. Best of luck anyway and you know the perfect job is out there for you!

Emily you have to take the money, would you really want to go to court maybe getting your job back and working for same idiot who fired you. Take the cash and never speak of it again you are better than him anyway.

Just as a brief aside. Is Emily entitled to this three months salary tax free as its redundancy. Or, is that only in the case of approved redundancy schemes? (Three months tax free would be even better and might ease the anger a bit).

Thank you all for your posts.

I did contact the Rights Comissioner and they said to contact the Dept. of Trade and Enterprise or whatever they are called and they said there was nothing I could do.

I started the position on August 29th 2005 and they are paying me one months notice as per contract and the other two months by cheque.

Its easier said than done to walk away. I as in town the other day and met two people seperately from the company and it seems HR is not holding back on telling people I was 'let go' or as one person put it 'sacked' ad thats how it feels.

I sm going to look at the Industrial Realtions Act now ... although even my solicitor said there was nothing I could do.

Thanks for the reply at least I am not the only one and you have made me feel better.

Emily

It is terrible to hear that the company are being unprofessional and talking about you being sacked, makes it sound like you were in the wrong in some way....I would be worried about this aspect more than being let go really.

Something similar nearly happened to me before. Huge personality clash with the supervisor. I was trying my best to fix it but he was actually plotting against me. I knew a dismissal was on the cards so I started doing interviews, got a new job and told them that the company I was working for are relocating, hence my reason for leaving. I used previous employers as references and said I can get one from my current employer if I need to (em, no i couldnt) but thought I'd cross that bridge when I came to it. It was a nervous time but I got through it and glad to be rid of that shower (who in fact relocated recently hehe)

Emily,

The form you will need to fill in and send to the rights commissioner is on this web link. You will be taking your case under the Industrial Relations Act 1969.

[broken link removed]

Make sure to inform your employer that you are doing this. Most solicitors know very little about employment law and cases of unfair dismissal are rarely referred under this legislation. Feel free to call me if you want to discuss this further as I can gather that you feel strongly about it. PM me if you need my contact details.

Similar thing happened to me a few years ago. I was just as frustrated and angry as you are so I know how it feels. I went to CAB but they basically told me there was nothing I could do about it. I think it's pretty bad form that employees with less than a year's service can be so badly treated and empoloyers can basically get away with it.

Another possible angle would be what they are saying about you. If it lowers your standing in the eyes of reasonable people, you could have a go at defamation.

But my gut feeling would be to forget about it and move on.

Brendan

Hi EmilyB,

I have no answers to your questions but just wanted to post that something similar happened (although different circumstance) to me in February. I strained the tendons in my hand using a laboratory machine in my job and was out of work for 3 months. When I returned to work they said the injury could return so they let me go. I was only there 8 months at the time and like you phoned Labor relations, contacted CAB etc. but really I had no rights as I have been there less than 12 months.

I had though about going to a solicitor re. my injury but I'd have to prove them negligent and I don't think they were really in my case. I don't think the stress would really be worth it. However every now and then I get really angry and contemplate it....

I think the shock is the most difficult thing to deal with.....

Try put it behind you and move on. I have got another job but in a different area of work. I think the fact that they sacked me due to an occupational injury is coming to come against when if I try to work in that field again...I have a Ph. D. and after all these years in college its a shame to have to change career.

Try move on, I have went for a few interviews and in only one did they ask me about being sacked from my previous job.

Janeom

Janeom said:

I was only there 8 months at the time and like you phoned Labor relations, contacted CAB etc. but really I had no rights as I have been there less than 12 months.

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This is simply not true. You do have rights under the Industrial Relations Act 1969. As I mentioned employees rarely use this as they are unaware of it. Nonetheless, it is used. In my current capcity I have defended companies who have terminated employees with less than 12 months service and have lost cases at the Labour Court as fair procedures were not adhered.

Indeed I refer you to the labour court website (case ref: CD/06/135 APPEAL DECISION NO. 0644 (R-036653-MA-05/TB) where you will see that an employee with only 1 weeks service was found to be unfairly dismissed and won an award of just over €1,300

Hi Art

I am so angry. I received a letter today from my employer and they have paid me July's salary and given me the extra two months as a bonus! Thats what it says on my wage slip, which means I have paid 42% tax on it! surely this is not right? the letter states:

As Agreed, your payment is as follows:

Your salary to 31st July 2006.
Annual Leave Payments - holiday accrued to 31st July is 5 days.
Two months ex gratia payment of base salary.

You know if all the people on here who have had the same thing happen stood together and highlighted this maybe something would be done?!

I'm livid still and off to have a look at that form.

Thanks for the link.

Emily B.

The 42% tax can be offset against the coming few months if/where you are not working. What the employer did was allocate the monthly credits and 20% band to date. It will all balances out with your next employer or at the end of the year as you will build up tax credit and band for months not worked.

Just heard of a case where a Rights Commissioner earlier this morning awarded a worker with less than 1 years service 2 YEARS pay.....