HAS CHANGE TO LAW GIVEN EMPLOYERS TOO MUCH POWER?
Recent graduates are among the first casualties of a change in law that has made it too easy for bosses to sack their workers without good reason, effectively making them “disposable” and “vulnerable to the whims of bad bosses” Graduate Fog has heard.
Dr Anne Wilson, an independent graduate careers advisor who has written several blog posts for Graduate Fog, told us she recently met a trio of graduates who had been dismissed from their jobs in a publishing company with no clear reason given. Investigating ways to appeal, the graduates discovered that recent changes to the law mean that effectively there is nothing they can do, as they had been employed for less than two years so could not take their case to tribunal. Wilson told us:
“The graduates’ account of working for this publishing company was already shocking enough — in my mind, their employer had bullied them during the time they worked there. But I was even more shocked when I looked into what they could do about it. The answer seemed to be nothing.
“Checking into employment law revealed to me that graduates like them have little or no rights. Their boss could do pretty much as she liked until the two years were up (unless she dismissed them for getting pregnant or something which contravened the Equality Act.)
“It seems grossly unfair that these graduates now have a dismissal on their record and no references from this employer, through no fault of their own — and there is nothing they can do about it. I wonder how many young workers have found themselves to be similarly disposable. When you’re at the start of your career, it’s especially important to have good references from a previous employer so to my mind young people are particularly vulnerable to the whims of bad bosses.”
Graduate Fog double checked the law with barrister Simon Cheetham, who confirmed that anyone who had been in their job for less than two years now has very little protection if they are sacked from their position and want to challenge their dismissal. He said:
“You have to be employed for two years to be able to bring a claim for unfair dismissal, unless the dismissal is discriminatory (e.g. maternity, race etc) or for something like whistle-blowing. It was one year up until 2012, when it was changed following complaints from employers that it was too difficult to dismiss of under-performing staff. There’s no right to receive a reference either — in fact, there’s never been a right to a reference. I agree that makes it particularly difficult for people at the start of their career.”
Graduate Fog is concerned about this legal problem — and we wonder how common it is for graduates to find themselves having been sacked for no reason, or from being bullied out of their job. Has that happened to you or anyone you know?
*KNOW A NEW GRADUATE WHO’s BEEN UNFAIRLY DISMISSED?
Tell us what happened (without naming names, obviously!). What impact did this have on their ability to find a new job? Is it right that you need to have worked somewhere for two years before you can challenge your boss’s decision to fire you? Are young people at the start of their careers particularly vulnerable when it comes to unfair sacking? Have your say below…
I see it in the CAB all the time. You need two years’ service to take your employer to tribunal for unfair dismissal with the exceptions being (a) if you are dismissed due to discrimination (b) if you are dismissed for trying to enforce a statutory right. In any case the Tories have also introduced tribunal fees which is a deterrent even if you have a half decent case.
Two years is also the threshold for redundancy pay. It encourages employers to get rid of people after a year and a half to get someone new in. That way nobody ever builds up enough service for any entitlements or rights.
If you are bullied out of a job you can claim constructive dismissal but proving that is another kettle of fish. I never like to advise it as (a) it is difficult to prove (b) you face the stigma of being unemployed when job searching and (c) there is the issue of do you qualify for benefits seeing as you have “quit” a job.
Part of my problems with depression at the moment was that for a brief period I had a job but was fired after a few months for taking a morning off to visit my doctor which they had previously said was ok. I had a near mental break down and have been suicidal ever since. No one wants to take a chance on me, I’ve tried everything.
If you’re an agency worker you certainly can have your assignment ended at any time for any or no reason, and similarly for zero hour work. So you can in practice be sacked for getting pregnant or being sick too long. The few rights you do have – e.g. under the Agency Workers Regulations – aren’t in practice enforceable whilst you still work there since your assignment can be ended if you complain.
In permanent and fixed term work, if I understand correctly, you only have protection from unfair dismissal after two years with only limited rights to go to employment tribunal before that.
And the previous coalition government brought in fees going into hundreds of pounds – weeks wages on minimum wage, and months’ worth of income on the dole, esp for under 25 – so enforcing the few rights we do have (except for the first stage of arbitration) is clearly a matter for the privildged.
I did have a bit of luck getting some money I was owed myself – when I worked for Bournville College through an agency, they violated the Agency Workers Regulations by not giving my comparable pay after 3 months (I have an e-mail trail proving this) – but it took two months of e-mailing and phoning, and could only be enforced after the assignment ended.
For instance, ridiculously it costs £160 to make a claim for unpaid wages plus £230 if you get a hearing – so if a company witholds two weeks’ wages on minimum wage it probably isn’t financially worth suing.
https://www.gov.uk/employment-tribunals/make-a-claim
It’s also worth bearing in mind that in some cases people can be sanctioned for losing their job.
I have been a victim of this cruel and capricious practice. I graduated from an MSc in Town Planning at the University of Manchester this time last year and got a job which pretty much started the week after. Following a successful first month, my boss offered me an extension to my initial one month contract and said that they would be in a position to extend my contract even longer. So far so good.
However, two weeks later, my phone went and it was my boss saying could I go and see him in a side office. I obliged and he said that he felt things weren’t working out for me at the company and that I was being released from my contract. They also said they felt I was struggling with one of the software packages the firm used, when they failed to offer me any proper training on the software in question.
They said it would be fairly easy for me to get a new job but it was in February and a time when 10s if not 100s of other planning graduates were job hunting and I was out of work for nearly 3 months and my next job was a menial admin job. Luckily, I was able to get a 3-month paid work experience placement but still, I have really struggled in getting a full-time paid post. Maybe GF should name and shame firms who indulge in this practice.
Many people forget that they can also make a claim thought the County Court for breach of contract – the time limit is more generous being six years, and it is a lot more straight forward legally. As they look at cases from a truly legal perspective rather than what would a reasonable employer do – which is a much more fuzzy concept.
If you are in a job and your pick up on bullying or concerns about your performance it is a good idea to jump before you are pushed. “Banking” one years experience or even six months – can be a good strategy if you are in a bad situation at the start of your career. As the new job will give you a fresh start and you will be back in control.
If more and more young people left school, had kids and lived on handouts then employers wouldn’t have the power they have today.
I graduated in spring 2014. Within couple months I found a job. I was subjected to lousy working equipment I.e. Laptop old, slow and unfit for purpose. My rogue boss sacked me due to underperformance. Since then I have worked in a non graduate job, only prerequisite is knowing to read and write. I actually earned leas (£1250) monthly with unpaid overtime in my graduate job. In my experience, the cost and time and effort from uni has, regrettably, seemed to amount to no result. It has taken great disappointment to me to accept this, but I have been driven to believe this. All my degree brought me was a poorly paid job in a rogue company, I was dismissed which of course hurt my confidence. Shaking it off is hard.
I found a graduate job. I was subjected to lousy working equipment I.e. Laptop old, slow and unfit for purpose. My rogue boss sacked me due to underperformance. Since then I have worked in a non graduate job, only prerequisite is knowing to read and write. I actually earned leas (£1250) monthly with unpaid overtime in my graduate job. In my experience, the cost and time and effort from uni has, regrettably, seemed to amount to no result. It has taken great disappointment to me to accept this, but I have been driven to believe this. All my degree brought me was a poorly paid job in a rogue company, I was dismissed which of course hurt my confidence. Shaking it off is hard.
This forum is dead but I’ll give my opinion anyway.
University is a lottery ticket, but nepotism rules all.
I’ve seen people get amazing jobs, home and abroad. Almost all of them had internships and a previous graduate role and that’s down to money and connections.
There’s a small numbers of places on a graduate scheme, so the odds of success are small.
Some employers are now asking for a masters. I got rejected by the nuclear industry because I didn’t have an MSc. I thought it was a joke at first as I already have a degree in physics.