Ultimatum and dismissal without contract

Discussion in 'Employment & HR' started by Teamcooper, Mar 6, 2018.

  1. Teamcooper

    Teamcooper UKBF Newcomer Free Member

    5 0
    Hi All,

    Looking for some advice if possible as online resources give slightly conflicting information.
    Basically the scenario is this,

    I have been with a year, half of this in my current role as a manager.

    I have no written contract or any other statement of my terms of employment but can provide payslips as proof of employment and salary.

    My employer has come to me and suggested that following a failure to meet sales targets (my only monitored KPI) that I should accept a salary drop or face being asked to leave the company.

    Not at any point was it discussed that a failure to meet any objectives would this happen.

    Other topics discussed were

    Reduced year on year profit margin (not monitored, targeted or discussed. Obviously an external factors between distributors and our purchasing dept over which I have no involvement)

    Less than the expected health and safety measures/ admin in place (no workplaces training given upon starting job)

    Stock loss (prevelant due to understaffing, not targeted or monitored, no awareness of actuals or expectation, no training given when offered the job).

    I plan to refuse these option given no legal requirement to take any however I’m unaware of my rights when being asked to leave (there is no gross misconduct) and what would happen if my employer aggressively persues this in order to build a case to dismiss me.

    As ive said, none of the issues being discussed have ever been outlined or are monitored between my employer and me ongoing as part of monthly meetings or appraisals.
    I have evidence of my salary and also evidence of bonuses given at Christmas which suggests my employer was happy with my performance.

    Any and all help appreciated
     
    Posted: Mar 6, 2018 By: Teamcooper Member since: Mar 6, 2018
    #1
  2. DontAsk

    DontAsk UKBF Enthusiast Free Member

    967 128
    I assume "being asked to leave" will mean a payoff and possibly a gagging clause. Might be the best option to move on and find a better employer.

    Otherwise they can sack you, after going through certain procedures, at which point you assess whether you have a strong case to challenge them. If not then you end up with nothing but your notice pay.
     
    Posted: Mar 6, 2018 By: DontAsk Member since: Jan 7, 2015
    #2
  3. Teamcooper

    Teamcooper UKBF Newcomer Free Member

    5 0
    @DontAsk Thanks for your reply. Being asked to leave is probably a poor choice of words although (I think)this is what was used. At no point was a pay off mentioned and I have nothing to assume that this would be offered (the owner treats people pretty poorly).
    In the case that I am dismissed what does the business have to offer me? 2 weeks? If he does follow through with this, do I have a case for wrongful dismissal seeing as there are 4 other stores underperforming against targets and the same hasn’t not been asked of them.

    As much help as possible on this issue is appreciated!
     
    Posted: Mar 6, 2018 By: Teamcooper Member since: Mar 6, 2018
    #3
  4. Newchodge

    Newchodge UKBF Big Shot Free Member

    10,361 2,660
    Your original post is not clear. I assume you have been employed for 1 year? if you have been employed for less than 2 years, your employer can, pretty much, dismiss you for any, or no reason. You are entitled to contractual notice. If there is no contract with notice specified, you are entitled to 1 week's notice. Plus outstanding holiday pay.
     
    Posted: Mar 6, 2018 By: Newchodge Member since: Nov 8, 2012
    #4
  5. Teamcooper

    Teamcooper UKBF Newcomer Free Member

    5 0
    Sorry, just re-read and there’s a few typos. I’m doing this in my iPad.

    I’ve been with the company for 3years next month and been in my current role for half of that time
     
    Posted: Mar 6, 2018 By: Teamcooper Member since: Mar 6, 2018
    #5
  6. Newchodge

    Newchodge UKBF Big Shot Free Member

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    Then tell them that you have no intention of resigning.
     
    Posted: Mar 6, 2018 By: Newchodge Member since: Nov 8, 2012
    #6
  7. Teamcooper

    Teamcooper UKBF Newcomer Free Member

    5 0
    Can I do that? Can he not jus dismiss me anyway leaving me to ponder legal action afterwards?
     
    Posted: Mar 6, 2018 By: Teamcooper Member since: Mar 6, 2018
    #7
  8. Mr D

    Mr D UKBF Legend Free Member

    10,510 1,103
    Its more common to go through procedures to dismiss you. No job is guaranteed.
     
    Posted: Mar 6, 2018 By: Mr D Member since: Feb 12, 2017
    #8
  9. Newchodge

    Newchodge UKBF Big Shot Free Member

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    If you resign there is nothing you can do. if he just dismisses you anyway you have the potential of taking an unfar dismissal case.
     
    Posted: Mar 6, 2018 By: Newchodge Member since: Nov 8, 2012
    #9
  10. Teamcooper

    Teamcooper UKBF Newcomer Free Member

    5 0
    I just don’t know what I can and can’t do in this scenario. My plan is to refuse the options given as there has never been grounds for, or a discussion about the actions being taken.My feeling If I do this is that I’ll be fired anyway.

    I have no contract and no written evidence of the meeting regarding this or any discussion regarding the subjects raised.
     
    Posted: Mar 6, 2018 By: Teamcooper Member since: Mar 6, 2018
    #10
  11. Newchodge

    Newchodge UKBF Big Shot Free Member

    10,361 2,660
    You have a contract, it just isn't in writing.

    You do not need written evidence of the meeting. If the matter goes to a tribunal, the tribunal will decide whether they believe your oral evidence about the meeting or your employers.
     
    Posted: Mar 6, 2018 By: Newchodge Member since: Nov 8, 2012
    #11