Can I take legal action..??

Question

I recently got the sack from my job this month, but i wasn't given any notice or anything. the reason i got the sack was because of my poor performance. it was a sales role. being sacked for poor performance is understandable, when you receive adequate training before hand etc. yet i had no previous sales experience, and was advised that i would get training, as in the job description. can i sue for unfair dismissal?

Answer 1

You need to have been employed by the company for at least one year and you would go to the industrial tribunal  

Answer 2

all according how long you have worked there, and were you on a months trial or 3 months trial, if you were then they can get rid of you any time they want inside the trial period

Answer 3

How long had you been there?  If less than one year, you do not have full employment rights.  They should still pay you (for one week) in lieu of notice but if you did try to take them to a tribunal you wouldn't get very far.

Had you been there more than a year, then yes, you could have a case for unfair dismissal but regardless of what training you'd had, it would be pretty poor on your part if you were still incapable of doing the job after more than a year so again, you wouldn't get very far.

My advice to you is that you lodge a grievance with the employer to try to get one week's pay in lieu of notice, but you do it in a nice way so that they'll still give you a good reference.  I very much doubt that you'd get any more than this.

EDIT:  Okay having read your Additional Details, you would be entitled to one week's notice anyway.  It doesn't matter that you didn't have a contract - a contract exists by verbal agreement and by the fact that you showed up to work and received payment for it.  Tell them they owe you a week's wages.

Answer 4

As long as it was for poor performance then you have no rights under one year to go to Employment Tribunal for that type of dismissal.

If however he has discriminated against you on the basis of race, s*x, etc, then you can apply to ET without service requirement.

Answer 5

yes... i think u can. if i were u id march my butt right in there and demand that i get some kind of fair treatment.

Answer 6

you are obviously not in the US but i will give this a shot anyway.

even some of the crazy european labor laws shouldn't have any effect on this......................

he said he'd give you 3 or 4 weeks to learn.

at the end of 3 weeks you obviously didn't catch on so they let you go.

even if this is considered a verbal contract the employer fulfilled his obligation. so why would anyone who was given the opportunity as promised but could not do the job be entitled to pay for work that was not even performed?

it seems at times we have a screwed up employment system in the states but then i read questions and answers about laws in other countries and realize how good we have it as employers and as employees.