Postby fitzpm » Thu Jun 22, 2017 12:35 pm
Hello nvnetter,
I am really very sorry to hear about your situation. Unfortunately, you do not mention in your post anything about your tenure with your current employer or the agreed terms and conditions of your employment. You are also not specifying whether you are an 'employee' (I am making the assumption that you are, but can't be sure), a 'consultant' or a 'worker' with them. Therefore, it is very difficult to provide accurate advice without seeing your employment contract, or understanding any of the above.
Before I start, a health warning: given the above, the following does not replace the advice from a good employment lawyer who will, no doubt, request to see your employment contract and will enquire about your tenure with this employer.
The reason why the tenure with your current employer is so crucial is that, under the current employment legislation, employees with less than 2 years active service with their current employers have no employment protection rights. Therefore, the two crucial points that will determine your next possible steps are: a) your length of service AND b) the agreed terms & conditions of employment with your current employer.
In a nutshell, if you are an 'employee' within those first couple of years of service (where employees have no employment 'protection rights') then I am afraid employment can indeed be terminated by the employer by giving you notice and, of course, paying you the contractual notice period. Some employers will offer you a little extra, but they are under no obligation to do so. However, if you have been working as an 'employee' for your current employer for longer than 2 years, then you DO have employment 'protection rights'. As such, if your employer has not followed the ACAS code of practice, then they may have dismissed you unfairly, and then you may have a case.
Having said that, in practice, employers that do not follow the ACAS code of practice usually offer employees with more than 2 years' service a 'settlement agreement'. This is aimed at compensating them for their job loss in exchange for them waiving their employment 'protection rights'. This is legal and common practice, and if you have been working for longer than 2 years with your current employer you will need to weigh up whether the settlement offered is reasonable vs. legal fees, stress, delays, that taking the matter through the legal route will undoubtedly generate. It depends, and no two cases are the same I am afraid, only you can decide.
As I've highlighted earlier, it is very difficult to advise without seeing and knowing all the facts (i.e.: your current length of service, reading your employment contract, establishing that you are indeed an 'employee', talking to you live, etc.). I have aimed, however, to provide you with broad, general, advice. Some food for thought. I am a seasoned Chartered Member of the CIPD and - once again - the above is not meant to replace a good employment lawyer's advice.
On that note, I can see that a number of employment lawyer recommendations have been offered by others, so I will not add to the list. However, nobody else appeared to have touched on the fact that the length of service with your current employer together your agreed terms and conditions of employment, and your status (i.e.: employee, consultant, worker, etc.) will be pivotal to delineate your possible options. Therefore, I wanted to share that with you.
Do take care of yourself, and hope that all goes well.
Kindest regards,
Paula