Sin Bin employment advice : Sat Dec 15, 2012 5:21 pm  

I started a new job in mid-October, but have already been dismissed. My employer felt I wasn't settling into the office as they would have liked and saw no potential in me to develop in the future, despite saying the quality of my work was "good" and that I was a "nice lad" when they told me I wasn't wanted. They claimed I wasn't as sociable as they would have liked, and "may be suited to working in a larger office, with younger colleagues." I'm 23, and worked in a very small company with only two females aged roughly between 45-55.

However they promised a good reference for future employers, and the work I did would be sent to me for my portfolio. I was 28 days away from a three month performance review and the end of my probation period.

Firstly do I have a case for age discrimination or unfair dismissal? Its a long shot, I know, but worth asking.

Secondly (and more importantly, because I don't intend to dwell on this for long) how do I explain to a potential new employer the reason I was dismissed? I'm 18 months out of university, and after spending over a year on a work placement, this was my first full-time job and in a career related to my degree.

Interviewers will ask me why I left, and I'm unsure what to tell them. I'm also concerned that only being employed with this company in the months of October 2012 - December 2012 will look bad on my CV.

Any advice?

Re: Sin Bin employment advice : Sat Dec 15, 2012 6:14 pm  

I don't personally know the site inside out, but there may be some sound information here on the law. The firm is certainly very good. Haven't a clue whether this would work, but have you asked them for a reference in advance? That way you'd know what they were going to say, including about the manner of their getting rid of you. It would be strange if they said that they'd sacked you – on a good reference. In which case, you could say it was a short-term contract.

I don't personally know the site inside out, but there may be some sound information here on the law. The firm is certainly very good. Haven't a clue whether this would work, but have you asked them for a reference in advance? That way you'd know what they were going to say, including about the manner of their getting rid of you. It would be strange if they said that they'd sacked you – on a good reference. In which case, you could say it was a short-term contract.

Re: Sin Bin employment advice : Sat Dec 15, 2012 8:14 pm  

All opinions are my own and I am not offering legal advice.

Unfair Dismissal: No, not the requiste qualifying period of 2 years.

Wrongful Dismissal: Were you on a fixed term contract? In other words did your contract of employment (assuming you had one) include a fixed length of your employment?

Discrimination: Possibly. If they have made specific references to your age being the reason you were dismissed. However as always it will come down to evidence. If they just mentioned your age in one on one meeting you are going to have difficulty proving anything etc.

Moving Forward: Might be worth not listing the employment on your cv at all. It was only a short period of time and you could say that you were looking for work after having recently graduated and state that you are 'looking for your first opportunity in this sector'.

In my humble opinion. Probably just best to move on and put your efforts into finding a new opportunity rather than pursuing your former employer. Also you have to think about the practicalities. Costs of a claim / stress / hassle. This time could be better spent finding a new job. Your decision however.

Re: Sin Bin employment advice : Sat Dec 15, 2012 9:41 pm  

Bad luck on picking a boss who defers to the two older women, sounds like they run his business for him.

If I were you I'd be honest and be pleasant about it too, explain your problem to your boss and ask if he'll give you the reference now and ask that it emphasises the fact that you were proficient in the job, were a "nice lad" (in so many words) and that their failure to take your employment further was not of your making but was their decision for operational reasons.

Then in future explain to potential employees what the situation was, no need to exaggerate or try and gloss over the fact that the two older women in the office didn't want to work with a young lad and probably wanted someone of their own age, and female, christ, I bet that office is a right barrel of laughs when they replace you with a third 50 year old female and they start the inevitable b1tching.

Any potential employee who reads what happened, reads your reference and sees your portfolio, and then thinks badly of you will not be worth working for anyway, don't worry about it, move on and fook 'em - and above all, don't feed the lawyers.

Re: Sin Bin employment advice : Sun Dec 16, 2012 5:47 pm  

Due to a probationary period being involved I'm sure they would use that as a get out clause at a tribunal; get a good reference and move on.

One thing that might have affected your position is how much work the business had on their books when you started and when they made you redundant. If business had slowed and they needed to reduce head count they may have looked at the situation and decided to get rid of you in favour of more experienced staff who they want to keep hold of. Even so, this should have been done properly using a skills matrix. Saying that, if you want to get rid of someone in particular it's easy to design a matrix that will show them in a bad light compared to other staff.

Re: Sin Bin employment advice : Mon Dec 17, 2012 6:11 pm  

Ajw71 wrote:

Wrongful Dismissal: Were you on a fixed term contract? In other words did your contract of employment (assuming you had one) include a fixed length of your employment?

No, there was no fixed length on my contract.
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I have asked for a reference in advance. It seems like a good idea, and immediately answers the question about my short time there.

Re: Sin Bin employment advice : Mon Dec 17, 2012 6:20 pm  

Peckerwood wrote:

No, there was no fixed length on my contract.
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I have asked for a reference in advance. It seems like a good idea, and immediately answers the question about my short time there.

You sure you weren't trying to tamper with them old bints in the office?

Re: Sin Bin employment advice : Mon Dec 17, 2012 7:40 pm  

WIZEB wrote:

You sure you weren't trying to tamper with them old bints in the office?

Haha, God no!

Re: Sin Bin employment advice : Mon Dec 17, 2012 7:54 pm  

Peckerwood wrote:

Haha, God no!

Haha, there's your mistake.