Working and leave..

odarallo

Heya all,

I recently handed my notice into my previous employer. I told them that I would be clearing my desk by the end of the week. Because I had been offered a new job.

Later that day i got an email back saying that a meeting was being held and that i must attend. I went and they told me that they were firing me. Due to performance issues.

Now the issue i have is that i wont get my months pay and that if i do that it is going to be really late when i get it

If you get fired from a comapny do they have to pay you what you are entitled to?

Thanks in advance.

Odarallo

Ph3n0m

Well you have to identify the following:

Was there any indication they were unhappy with your work, up until you were fired

If not, then you are in a potentially actionable situation to bring action against your employer.

My advice - talk to a solicitor who deal with this type of scenario

jd

odarallo wrote:

Now the issue i have is that i wont get my months pay and that if i do that it is going to be really late when i get it

If you get fired from a comapny do they have to pay you what you are entitled to?

Thanks in advance.

Odarallo

Did they say they won't pay you? I assume you are paid in arrears, so you shpuld be paid up to when you finish.

irishguy

Why would they fire you after you have handed in your notice with less than one week left? They are required to pay you for any work you have done for them, even if they fire you

Kinetic^

2 things.

Talk to your employer in the morning and ask them about pay.

When you get your response on this then if it's bad then go to a solicitor.

From what you've said it seems like your employer is just being petty.

seamus

odarallo wrote:

If you get fired from a comapny do they have to pay you what you are entitled to?

Yes. They are legally obliged to pay you for all days worked, regardless of whether or not they were unhappy with you. If they refuse, take them to the cleaners.

It's kind of suspicious. An employer can't just fire someone. Unless they have substantial proof that you were a) Continually in breach of company code and/or performing poorly, or b) After committing some serious breach which warranted dismissal, then you may have a case for unfair dismissal. In the former case, they would need to prove that your unsatisfactory performance had been brought to your attention.

If you don't get paid your final months salary on the usual payday (or your last day, whichever is later), ring them and tell them that you'll begin legal proceedings to get your money unless they give you the money, now. If you don't receive your P45 within a week of your final payday, ring the tax office and tell them your employer is refusing to issue a P45. The employer will **** themselves.

Legally, your employer is obliged to give you your P45 and your final pay cheque on the day you leave. However, even if the employer is a prick, there's no harm in leaving some "benefit of the doubt" room for getting these, as I say above.

Litcagral

odarallo wrote:

Heya all,

I recently handed my notice into my previous employer. I told them that I would be clearing my desk by the end of the week. Because I had been offered a new job.

Later that day i got an email back saying that a meeting was being held and that i must attend. I went and they told me that they were firing me. Due to performance issues.

Now the issue i have is that i wont get my months pay and that if i do that it is going to be really late when i get it

If you get fired from a comapny do they have to pay you what you are entitled to?

Thanks in advance.

Odarallo

How long have you been continuously employed by this company? The Unfair Dismissals Act only applies to those with more than 365 days service (there are several exceptions which do not apply in your case).


Re performance - An employee needs to be made aware of the standards expected and these must refer to the job they were hired to do. If an employee falls short of the required standard, this must be clearly explained and should be done through a formal set procedure with specified necessary improvements. these should be achievable and a reasonable timeframe allowed. Ultimately, a final warning setting out the liklihood of dismissal should be given to the employee.

odarallo

The exscuse that they gave me for being fired was for being late,

I recall only being late 6 minutes in 1 week because it is all documented on the systems. I missed 4 days but gave ample notice that i would be missing these days as it was very important that i took these days off.

I think it was rather annoying that after i handed the notice in that they decided to fire me which is rather pathetic on there part. I have since gotten a new job and am still awaiting my p45 and pay. The pay day is the 25th of this month. So i am entitled to 3 weeks full pay. Which i guarntee they will not give.

So if i do not receive the payment on the pay day ring em and tell em i am taking legal preceedings against em?

mountainyman

Don't wait until the 25th.
Why would you wait until the 25th.

This is an unfair dismissal.

If they pay you until the 25th sue them anyway.

I take it there is no 2 written warnings?
Oh yeah unless you have worked there under a year in which case the unfair dismissals act won't apply.

MM

gerrycollins

odarallo wrote:

The exscuse that they gave me for being fired was for being late,

I recall only being late 6 minutes in 1 week because it is all documented on the systems. I missed 4 days but gave ample notice that i would be missing these days as it was very important that i took these days off.

I think it was rather annoying that after i handed the notice in that they decided to fire me which is rather pathetic on there part. I have since gotten a new job and am still awaiting my p45 and pay. The pay day is the 25th of this month. So i am entitled to 3 weeks full pay. Which i guarntee they will not give.

So if i do not receive the payment on the pay day ring em and tell em i am taking legal preceedings against em?

full stop if they refuse to pay you monies owed to you then they are in breech of their own contract that they probably made you sign.
correct on last point if the money is not there ring who ever was your line manager and explain the legal aspect of what you are going to do
the new rules(not laws) provide to protect workers is that the company have to prove why and how you were dismissed not you to defend your dissmissal
If you have not been issued with cautions both verbal and written and been give appropiate time in which to correct your errors(ie time keeping,performance) and unless you broke company rules(ie under the influence of drink or drugs,investigated abuse{bullying},or similar gross acts of misconduct) you are fully entitled under the law of the land to bring thses people to court
please if possible keep us posted its an intresting situation they have put themselves in

gerrycollins

mountainyman wrote:

Don't wait until the 25th.

Oh yeah unless you have worked there under a year in which case the unfair dismissals act won't apply.

MM

not necessairly
depends on the wording on the contract of probation period and if a meeting was not held to extend the probation period for the full year the unfair dismissal act will(yes)not apply but there are other avenues with the labour courts

odarallo

if they fail to provide me with a p45 and fail to pay me i will take full civil action against them. I am sure they will not be thick enough not to pay me but I could be wrong.

We will see what they say and I will keep you all informed, thanks so much for ur advice this will help me build a strong case against them which i will gladly use if they fail to provide me with the satisfactory pay within the time scale given.

gerrycollins

my brother recently had an issue with a previous employer with his p45 and my solicitor who we contacted after a few weeks of not getting it said that other than a treathening letter there was nothing he could do cause it was a matter for the tax man to put pressure on them an fine them if necessary it went on for over 6 months until i cracked up on them and treathened to sue

Kinetic^

odarallo wrote:

The exscuse that they gave me for being fired was for being late,

I recall only being late 6 minutes in 1 week because it is all documented on the systems. I missed 4 days but gave ample notice that i would be missing these days as it was very important that i took these days off.

I think it was rather annoying that after i handed the notice in that they decided to fire me which is rather pathetic on there part. I have since gotten a new job and am still awaiting my p45 and pay. The pay day is the 25th of this month. So i am entitled to 3 weeks full pay. Which i guarntee they will not give.

So if i do not receive the payment on the pay day ring em and tell em i am taking legal preceedings against em?

This is a complete fabrication. There is a process which they must follow. TBH, they've just created a **** storm for themselves. Sue the pantaloons of them.

odarallo

I still have the letter at home it said that i was in breach of there conduct etc etc. Which they had told me that if i need some time off that all i need to do is ask which i did, I was only late on 2 occasions which totaled up to a sum of 6 minutes.

They can play the whole card trick that i was in my probationary period and was not working to my optimum, But if i was not working to my optimum why was i hitting my targets.

Makes no sence to me whatsoever.

fatboypee

odarallo wrote:

I still have the letter at home it said that i was in breach of there conduct etc etc. Which they had told me that if i need some time off that all i need to do is ask which i did, I was only late on 2 occasions which totaled up to a sum of 6 minutes.

They can play the whole card trick that i was in my probationary period and was not working to my optimum, But if i was not working to my optimum why was i hitting my targets.

Makes no sence to me whatsoever.

That screams vindictiveness to me. I for one would pursue this, at the very least consulting a solicitor who practices in such matters. The minute he sees that you handed in your notice and THEN get fired he will smell a rather large rat... take them to town on it...arrrgh the affront !! I would not let them smear my career with such actions....

FBP.

Kinetic^

I generally don't scream compensation but in this case I feel you should go for the jugular. You don't need this on your work record.

John R

Talk to a solicitor, payment or not.
They fired you for cause, if they cannot back this up then they are in trouble and you WILL get compensation. The fact that you had handed in your notice is irrelevant, they still had no right to fire you without proper cause.

Being late twice is not reasonable cause, you would have had to have done it repeatedly and recieved at least two previous written warnings.

A member of my family has fired people in the past, even though the correct procedure was strictly followed and the grounds for dismissal were very strong (not turning up for work several times and claiming on timesheets otherwise, not carrying out proper work and doing things strictly forbidden on safety grounds) the ex-employee still walked away from a tribunal with a four figure sum.

Take these tossers to the cleaners, they thoroughly deserve it and it'll make them think twice before doing it again.