Unfair Dismissal?

LegacyUser

Right, just wondering what other people's perspective on this is.

At the beginning of September, I was called into a meeting with my boss, where they told me that they had received complaints about me from one of my clients, and that as a result they were giving me 3 months notice. They said they were very sorry and were sad to lose me, as I had always seemed like a good employee from their side, but that as this was one of my primary clients there was no other option. I was also told that my replacement was starting in three days, and that I would be training them.

Despite repeated attempts on my behalf to build a relationship with them, this client has never liked me personally (I took over from someone who they had a fantastic working and personal relationship with and I believe I was seen as a cuckoo at the time). One of my friends in work told me that it was noted by everyone that they hadn't liked me since I was brought in to replace the person who left my role before me (although this person left of their own accord, and my arrival at the company had no impact on their decision to leave).

I was shocked and very upset, but considered that I had little option but to accept it. I also thought I had plenty of time to search for a job as I had 3 months notice, and had been promised flexibility with regard to time off for interviews etc.

Three days later (the day my replacement was starting), I was once again called into a meeting just before they arrived to the office, and was told by my boss that my contract had been reviewed, that I was only entitled to one months notice, and that I would be given the additional two months wages as a bonus when I was leaving. I was also asked to decide whether I wanted to hand in my notice, or have my contract terminated.

I feel like I'm being paid off to cover their backs. I feel like this situation is completely unfair and that, if I had done something wrong, I could accept it more freely, but this is a personal issue that has been used to affect me professionally. Our contract with the client is due for review shortly, and I feel like my position has been used as a bargaining tool. I'm also worried as I'm applying for jobs nationwide, though I would prefer not to move from where I am, and I'm hearing very little back, all "thanks for your application but...".

Any advise? I'm trying to trying to remain positive for my own sake, but I'm upset, angry and I feel like this situation is very unfair. I can't rationalise the situation and I need to find some way to have it make sense.

Thanks for reading.

Esoteric_

How long have you been working there?

Usually (all depends on contracts and such), if you're working for longer than a year, you have to be given official warnings and such before dismissal.

okiss

From what you have told us it seems that this company are trying to get rid of you. The fact that they recruited someone for your job, expected you to train them up and then offered you a few months wages to go away does not look good for them.
Also they have told you this is because a particular client does not like you and you know this clients contract is due for renewal shortly.
I would ring a solicitor who deals with company law and make an appointment to see them as soon as possible. You need to bring your work contract with you.
From what I know you should be have been given a verbal warning, this should be on your hr records, given time to improve the situation and then given a written warning and a final written warning.
Why should you leave this job because of one client and to make your boss life easier. What do you say when you go for another job interview?
Now is the time to stand up for yourself. Once you get legal advice you will be in a better position to decide what to do. You may discover that you could bring a legal case against your boss. Let us know what you have been told once you do this and good luck.

Procrastastudy

An Employment Law solicitor would be your best best. A company law solicitor would probably be okay but get a specialist if at all possible. That said it's not that complicated.

If you are on a probationary period or there less than 12 months I'd forget taking it further. It's not strictly true to say you have no rights but realistically you won't gain my going legal in this situation.

The disciplinary process isn't appropriate here. It doesn't seem they have a problem with your work. They are simply making a business decision. It probably goes like this:

Client is bringing in €100,000 gross profit per year. You are paid €50,000 per year. Client has said they are going else where. Company does the maths and work out that even if it takes you a year to find a job, and EAT award you a years salary as damages, they are still up €50,000 on the deal.

Obviously that's over-simplified but companies will break contracts where it's financially sound to do so. It's very unlikely spending money on a solicitor will keep you in the job. I'd negotiate with them for a good reference and perhaps 3 more month salary offer to sign an agreement (get them to pay for a solicitor to offer you independent legal advice before signing) that you won't sue.

hdowney

I can't say anymore than what others have said, but I'd say that you would hardly want to stay in that job anymore. If you went to a solicitor and fought your corner and won, just think of the working relationship if you chose to stay. I'd be looking at recompense for the unfair dismissal, hassle, time etc and then keep looking for another job knowing that there is no way your being dismissed from the previous one will look bad on you

Mrs OBumble

okiss wrote: »

From what you have told us it seems that this company are trying to get rid of you. The fact that they recruited someone for your job, expected you to train them up and then offered you a few months wages to go away does not look good for them....
From what I know you should be have been given a verbal warning, this should be on your hr records, given time to improve the situation and then given a written warning and a final written warning.
Why should you leave this job because of one client and to make your boss life easier. What do you say when you go for another job interview?

Legally this is probably right - except it's an employment solicitor you need, not a company law one.

But you might like to think about things a bit harder: the company is offering you several months dosh to go quietly, and they will give you a good reference too, and hopefully put in a few good words on the quiet to help you get a new job. If you go to court, you might get more money, but you won't have them as a reference, and you could get known in the industry as a troublemaker. Even worse, they may be ordered to keep you - and if the major client walks because of this, possibly you could be seen as responsible for the company going under. (I'm assuming that if the company was large enough to just shift you to another account, they would have done it already.)

Yes, I know this is grossly unfair - but sometimes life if like this. I got a new manager once, who hated me just because last boss hired me. It didn't get as far as your situation has, but I made sure I got out before it did.

Good luck.

LegacyUser

Thanks for your feedback everybody. To be honest, nothing you've said has been a surprise to me. I'm there just under a year, which means that my choices are limited. I suppose I just don't want to leave feeling like I just lay down and tool it if there's another viable option open to me. I just don't think the legal route would be of any benefit to me either short or long term.

JustMary: Please don't think I haven't thought about this long and hard. I have agonised over it (and I continue to). And honestly, this is having a massive impact on my personal life, outside the fact that my income is vanishing and I have nothing to replace it - the stress of trying to maintain a professional demeanour while training in my replacement, not letting my colleagues know how upset I am, avoiding getting emotional in work, trying not to be an absolute nightmare outside of work to my family and friends... It all means I have a knot in my throat and a pain in my upper back from the tension in my shoulders.

Even typing that makes me feel like a pathetic whiner, but at the same time, the unfortunate situation from my point of view at the moment is that if I do anything about this, I will lose more than I gain. If I do nothing about it, I lose more than I gain, but potentially lose less than if I try to deal with the situation in any other way. I'm not litigious. All that route will do for me is burn bridges in my opinion. It won't fix the situation. If the company were required to give me my role back, or hire me in another position, I'd constantly be watching my back and the good working relationship I have with certain people in the company would sour, which would make things impossible, regardless of the impact it would have on the company elsewhere with the pending contract. I suppose the situation would be the same if I was working for a larger company too, so blaming things on the size of the company is a bit pointless to me, because regardless of the size of the company what's happening IS grossly unfair and wrong, unjustified and pathetic.

I suppose the worst part is that, though I'm applying for other roles, I don't know what to say to agencies or in interview if I'm asked why I left the role with nothing to go into, when I genuinely couldn't have said a bad thing about it before this. I loved my job. I loved the atmosphere in the office. I liked the people I work with. I'm tempted to say it was a temporary contract, even though it was permanent role, but I don't want to lie either.

I'm trying to look at this as a positive thing. I'm trying not to get down about it. But it's a bit scary - I didn't do anything wrong, and yet I'm largely defenceless legally and personally I just have to take this on the chin. I know worse things happen to people every day, but it's still hard to stomach.

geeky

Unfairdismissal?? wrote: »

Thanks for your feedback everybody. To be honest, nothing you've said has been a surprise to me. I'm there just under a year, which means that my choices are limited. I suppose I just don't want to leave feeling like I just lay down and tool it if there's another viable option open to me. I just don't think the legal route would be of any benefit to me either short or long term.

JustMary: Please don't think I haven't thought about this long and hard. I have agonised over it (and I continue to). And honestly, this is having a massive impact on my personal life, outside the fact that my income is vanishing and I have nothing to replace it - the stress of trying to maintain a professional demeanour while training in my replacement, not letting my colleagues know how upset I am, avoiding getting emotional in work, trying not to be an absolute nightmare outside of work to my family and friends... It all means I have a knot in my throat and a pain in my upper back from the tension in my shoulders.

Even typing that makes me feel like a pathetic whiner, but at the same time, the unfortunate situation from my point of view at the moment is that if I do anything about this, I will lose more than I gain. If I do nothing about it, I lose more than I gain, but potentially lose less than if I try to deal with the situation in any other way. I'm not litigious. All that route will do for me is burn bridges in my opinion. It won't fix the situation. If the company were required to give me my role back, or hire me in another position, I'd constantly be watching my back and the good working relationship I have with certain people in the company would sour, which would make things impossible, regardless of the impact it would have on the company elsewhere with the pending contract. I suppose the situation would be the same if I was working for a larger company too, so blaming things on the size of the company is a bit pointless to me, because regardless of the size of the company what's happening IS grossly unfair and wrong, unjustified and pathetic.

I suppose the worst part is that, though I'm applying for other roles, I don't know what to say to agencies or in interview if I'm asked why I left the role with nothing to go into, when I genuinely couldn't have said a bad thing about it before this. I loved my job. I loved the atmosphere in the office. I liked the people I work with. I'm tempted to say it was a temporary contract, even though it was permanent role, but I don't want to lie either.

I'm trying to look at this as a positive thing. I'm trying not to get down about it. But it's a bit scary - I didn't do anything wrong, and yet I'm largely defenceless legally and personally I just have to take this on the chin. I know worse things happen to people every day, but it's still hard to stomach.

Just to answer something that wasn't actually asked, you're better off being dismissed rather than handing in your notice from a social welfare point of view - just in case you can't find work, you don't want to be in the situation of waiting for the dole because you left voluntarily.

You're right not to run down your current employer in interviews, but you can say stuff like 'I want a challenge' or an opportunity to move up the management chain, or talk up your keenness for a particular role. Find what's closes to the truth of the situation, and run with it.

Also, you're not a pathetic whiner at all: in fact, you're handling it really well and maturely. There are a lot of d**kheads out there in the business world, and stuff like this happens to good, competent people.

Mrs OBumble

Unfairdismissal?? wrote: »

I'm tempted to say it was a temporary contract, even though it was permanent role, but I don't want to lie either.

Talk to your boss - see if it's possible for them and you to jointly say that it was a temporary contract. Maybe they might even issue a letter saying that your contract is over and not being renewed due to business conditions, which you could use for Welfare.

Then it wouldn't be a lie!

Chin up ... you're doing really well at handling this really horrible situation. Just keep believing that there is karma (or whatever you want to call it) in the world, and that things will work otu.

Procrastastudy

Thomas Street must be a very nice dole office. When I left my last job before I got the boot I told the girl behind the bar, plastic and tiger of a woman that wanders round yelling at junkies (she's my hero!), as much and they said fair enough. I assume I was just lucky?

boiledsweets

To me it sounds unfair,youre only being fired as the collegues took exception to you taking the post and started to dislike you i think the whole thing is very shallow,and it is them who are the problem not you.

as for the client taking a personal dislike to you,i think it is just an awful situation to be in,but you shouldnt be fired for that.

the reasons given for you being fired is basically because the client doesnt like you,and that seems a bit shallow if not unfair.

it looks like you havent been given a fair chance to prove yourself,and if you are a hardworker,and your working performance is up to scratch they shouldnt be firing you in the first place.

at the end of the day,they are the problem,and these people are only wasting their time and money hiring and refiring people willy nilly,because thats what will happen,think of it,the next unfortunate person they hire could come across the exact same problems and they would probably get fired like you.

they dont seem very professional,its very unfortunate you came across a shower like this.

as the other poster said chin up and try and see the best situation out of it like the temporary thing between you and your employer.and at least try to get a reference out of them.bite your tounge if you can too,dont give neg feedback about this 'company' to other prospective employers.

Sally26

I strongly advise getting a lawyer. It sounds like a classic case of unfair dismissal tbh. You don't have to take for six months from the date of your dismissal so you have time on your side. You need advice though.

LegacyUser

I would seek legal advice before you sign anything in work or before you leave this job.
The client you have been dealing with are due to renew the contact they have at the moment with your company and your have heard they don't like you.
One of my friends did not have her contact renewed a few years ago in a job and given an excuse of x,y,z as the reason why.
Within a few weeks of letting my friend go 2 people handed in there notice.
One of them told the boss I am leaving due to the work I have been left doing. She also told the boss you let /// go despite her knowing more than me and being a good worker.
She told the boss then that she could not stay in a place were the staff were treated so badly. Another person went on a career brake for a few months but never went back to the company. As a result my friends ex boss was left short staffed and the people working part time were not willing to change there hours as the ex boss expected them to.
Your boss may get rid of you to keep your client but they could be told yet to get lost by this client. As a friend of mine says what goes around comes around.

Bandana boy

The reality of the situation is that if the client fired your company then you would be out of a job anyway.

The client asked for you to be removed from their account (as is their right) , did you expect your company to refuse ?

once you got to that position your client had only two choices ,let you go or move you to another account.
Moving you to another account has several negatives
You have failed with one client and put that business at risk ,they may not want to risk another client
The other employees have built up relationships with their customers and they do not want to rock the boat.
This could be a difficult client and their top guys want nothing to do with them.

With your low service it is cheap and easy to remove you and avoids any risks if you are the root of the problem.

I think your company is doing their best by you by offering a golden handshake and a good reference.

I know this is hard to take when you feel that the deck was stacked against you from the start, but the customer relationship is as valid a performace indicator as sick days and tardiness.

Its time to move on and try to take what you can from the experience.
Maybe avoid roles with so much customer exposure in the future

Best of Luck

Gmol

Good advice from Banana boy. Take the handshake and reference and move on. It is pretty shabby but it is the best of a bad set of options.

the_syco

Unfairdismissal?? wrote: »

I'm there just under a year, which means that my choices are limited.

Limited choices, as in they could sack you for no reason as you've been there less than a year? Take the money and run, imo!

Unfairdismissal?? wrote: »

I'm'm tempted to say it was a temporary contract, even though it was permanent role, but I don't want to lie either.

This would sound better than the truth. Also, as a general rule; never bad mouth the company you are leaving to the company that you are trying to join as it looks very unprofessional.