unfair dismissal help

shooter1978

hi , just wondering could anyone shed some light on this for me .

i am with my company for 10 months , just got told i will be let go with 8 other people , the selection process to determine who was going was measured on a thing called the bradford score .

cut a long story short . people who joined the company after me are still employed . i just wanted to no would i have a case as i feel that even if the bradford score was used to determine who stays , i would have scored higher than some of the lads who are staying , plus i am there longer .

please enlighten me

leeroybrown

Sorry to be the bearer of bad news but the 'Unfair Dismissal' legislation only applies to employees that have been in a job for over 12 months. Employees who've been in their job less than 12 months can only claim 'Discriminatory Dismissal' which is far harder to prove. Hard luck, but I think you won't get far with this one.

shooter1978

well aint that a bummer , tnx for the reply , much appreciated

leeroybrown

Some other posters might have alternative suggestions but being there less than 12 months you're in a very weak position.

By the way, if they're using the same 'Bradford Score' I'm thinking of, it's a method of calculating absenteeism and sick days in a comparable fashion. They're probably keeping those who they foresee having the highest future attendance.

LillyVanilli

Sorry to hear that. Just a note about the Bradford Score thing, I think it takes into account education (degree, diploma, certs, etc) and salary, and other things too

shoegirl

Far as I understand Bradford punishes people who take off the odd day here and there, however it doesn't take into account company policy such as how long you can take off before they pay sick pay, if they pay it at all, certs etc.

For example a lot of companies demand a cert after two or three days, some for every absence. This would maybe force somebody who didn't want to go to a doctor to take shorter time out. If this isn't the case in your workplace it might not apply. I would suggest your employees verify it against the companies situation.

Most companies are bending over backwards to make their selection processes seem "fair" but I notice they are tending to drop people more rapidly if they have less than 12 months or two years to evade the legal due processes more readily than they can with people there more than 2 years.

orl

Even if you are there less than twelve months if you can prove that you were treated less favourably on any of thsee discrimminatory grounds: gender, marital status, family status, sexual orientation, religion, age, disabliity, race or membership of the Traveller community you have a case. Contact the Equality Authority for advice.

yeba

Hi There
I joint an insurance company in IT in June 2008 as permanent employee. Work was going very well and every month I keep asking my manager about my progress if he is happy. Yes was the reply.

In last week of Nov 2009 EoY appraisal. He said he happy and looking fwd to make permanent t end of six month ie dec. But when final day came he said, there is objection from a Team leader with whom I started recently working in last week of oct. extended my provision for other three month.

The reason he quoted was that it was reported by, Project Leader that there was a mistake in my work. This was a misunderstanding and it was cleared with everybody concerned including PL.

Beginning of January, I started directly reporting to PL with whom I’d started working mid-October. She informed me that she wanted to verify my analytical ability. I told her that whatever work assigned to me was successfully completed within the specified time-frame and that any further verification would require additional work .Without any prior notice, I was called in to a meeting room end of feb and I was informed that from that moment onwards I was terminated.

My work in the current project has been completed successfully and it’s going to be implemented shortly. That itself proves that my work is perfect. So I’m unsure as to why I’ve been terminated from service.

In this time of difficulties where everybody is finding it hard to meet both ends, I’m left with my wife, two children and mortgage repayments.
Came across the many other ex-employees who was treated similar in same reputed Insurance Company at different level of department.

Any other person faced similar problem. Pls share their view

LegacyUser

sounds like you have a case for unfair dismissal. alot of solicitors (because they have lost their jobs) are volunteering at citizen information centres. you should ask