18 June 2008

Ref: Employment Law

Dear HR Zone,

On my return to work after a weeks holiday abroad, I was immediately summonded to the boardroom to be greeted by the MD and the senior shareholder in the company.

I had served 9 months of a 12 month probationary period, prior to a permanent position being offered prior to satisfactory performance.

I was told that they were extremely sorry to advise me that they would not be continuing with my employment and asked me to offer my resignation by mutual consent. Basically ‘resign or be pushed out’ – express dismissal by all accounts. I was also told at this meeting that they had held a meeting the previous week with the other directors in the company regarding my position and long term future with the company.

The main reason I was given by the main shareholder was that the MD was very ill and that the company needed an immediate replacement to take over from him and they felt that I would not be able to cope with the additional responsibilities as well as the fact that there were some very strong characters in the company who they believed I would be unable to deal with, this was certainly not the case.

Regardless of whether they were right or not in their assumptions, I do not believe that they followed the correct procedures or protocols for asking for my resignation by mutual consent, for I had little choice in the matter. I am agrieved that I had no prior warning that this was going to happen or was offered any form of representation at the meeting.

I was asked to hand over all company belongings including my keys and the company car which formed part of my contract.

I know that I cannot claim unfair dismissal as I had not completed a years employment.

My question therefore is
a) Can I go to industrial tribunal and claim, wrongful dismissal or
b) Breach of contract and loss of earning.

I am also under the impression that I did not have to hand back my company car until my contract of employment actually ended. I was also advised that I would not be taxed on my pay in-lieu of notice as I had resigned, is this correct?

Finally can I also claim for loss of bonus and potential earnings as a result of their actions.

My whole family are devasted by what has happened and I would apprecaite any advice regarding what action I should persue if any is available to me.

Regards,

PJR

Paul Radford