Roujin wrote:Start a bbq pop up stand Nick.
fullspectrum wrote:Do the Stophs and Mostlies know if I should be looking to lawyer up here, if I feel it was unfair? Can’t acutally claim unfair dismissal it seems.
Stopharage wrote:fullspectrum wrote:Do the Stophs and Mostlies know if I should be looking to lawyer up here, if I feel it was unfair? Can’t acutally claim unfair dismissal it seems.
Mostly has given you some terrific advice there. In terms of legal measures I’m not sure how worthwhile that would be. Presumably you wouldn’t want the job back now that you (likely) feel stabbed in the back. In terms of payouts, they’re already giving you some money so can’t imagine you’d get much more.
I’d imagine that the whole targets monitoring period has been pretty stressful so perhaps look upon this as a way to rest and refresh.
Personally, I’d email them as professionally as my anger would let me and say that whilst you’ve been advised that their conduct may not have been strictly legal you are not interested in proceeding through a tribunal. But, you expect them to write you a positive reference and that you chose to leave rather than were dismissed. They have nothing to gain in disagreeing with this and it may make your job hunting easier.
Big hugs buddy.
M0stly harm13ss wrote:Pulling out some notes from work in relation to some audit work I did for a client in this area...
"Payments in lieu of notice are usually regarded as damages for wrongful dismissal unless otherwise specified in the employee’s contract. The employer, in these circumstances, would not be in breach of contract by making a payment in lieu and it is therefore unlikely that there could be any wrongful dismissal claim.
If there is no contractual right to terminate by making a payment in lieu of notice, then the making of such a payment may not extinguish the employee’s claim for damages unless, in all respects, the employee is put in the same position as he would have been in if notice had been given."
Basically, they have sort of already admitted not following due process, so have paid you some money in lieu of notice as compensation. It's therefore unlikely that any further compensation would be due, or a wrongful dismissal case considered viable.
Yossarian wrote:FWIW, I look back on the one time I was fired as a very positive thing in the end, it got me out of a job I wasn’t happy in and caused me to re-evaluate my life. Fingers crossed you’ll feel the same way too. .
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