Tina was fired by text without a payoff – so she used a little known insurance
When Tina Chummun received a text message from her boss sacking her on the spot with no paid notice period, she feared for her career and how she would pay her bills.
Tina had been working in marketing for a start-up company that specialised in providing menopause support and took pride in her work.
But for weeks leading up to her dismissal in April last year, relations at work had become strained.
Tina says she was bombarded with WhatsApp messages about her job to her personal phone, sometimes until 11 o’clock at night.
On top of that, she herself had been grappling with severe perimenopausal symptoms and painful side-effects from being on the wrong hormone replacement therapy medicine.
The shock message landed on her phone while Tina, 49, was resting at home on sick leave.
Victory: Tina Chummun took her employer to a tribunal after she was sacked from a marketing company by text message with no paid notice period
Tina, who lives in Kettering, Northamptonshire, had returned to work one Monday after taking several days off due to her symptoms.
She says she was still unwell but did not want to take further time off. But, she says her boss, a medical doctor, said that unless Tina could work at full capacity she did not want her there at all. She was promptly sent home.
Later that day, a message popped up on her phone. It read: ‘The working dynamic isn’t going the way I’d hoped… we must now part ways.’
Later the same day, Tina received an email from her employer stating that she was being sacked for gross misconduct and no notice period or payment in lieu would be made.
Among the reasons, they accused her of poor performance and falsely claiming to have permission to speak to one of the company’s doctors about her menopause concerns for free. Tina says her boss had advised her to do so.
‘When I got the text I was really upset,’ says Tina. ‘I’d put a lot of energy into the work I was producing. I wanted the job. I also started to panic about what would happen to my mortgage and my career.’
Once the shock had subsided, Tina knew she had to fight back.
She dug out her legal expenses policy that had cost just £27 for two years’ protection, rang the number and prepared to battle the company in court.
Tina had taken the cover, a family legal protection policy provided by BDElite, several years earlier after a recommendation from a work friend.
Having suffered from discrimination in the workplace on three prior occasions and paying for her own solicitor, she did not hesitate to take out a policy that would cover those costs.
She was given a legal team, who helped her to gather evidence to make her case and to write a witness statement detailing what had happened.
At the employment tribunal, she was given a barrister to fight her corner. When Tina’s employer found they were being taken to a
tribunal they lodged a counterclaim stating she had breached her contract by deceiving a doctor into giving her a medical consultation for free, making the case even more complex, lengthy and expensive.
A year after Tina was sacked, the judge in the tribunal ruled in her favour, and the claim of gross misconduct was thrown out.
The ruling meant her employer had to pay her £12,500 to cover her notice period. The legal fees of more than £15,000 that she had incurred were paid for thanks to her insurance policy.
Without her policy, she could not have afforded to challenge her dismissal. She says: ‘I’m an honest and genuine person and I was being falsely accused of something I’d never have done.
‘Throughout the tribunal I was sitting there with a ton of anxiety because they were deciding my fate. When I heard the decision I burst into tears. I’m so grateful to the legal team, they really saved me. I’ve recommended this policy to all my friends.’
In fact, it is not always necessary to take out one of these standalone policies.
Millions of households have similar legal policies that would cover bills if they faced an employment tribunal or other legal battle, but don’t even know they have it.
Around 15 million households are estimated to have legal expenses cover as a standard feature of their home insurance, according to watchdog the Financial Conduct Authority.
Covered: Around 15 million households are estimated to have legal expenses cover as a standard feature of their home insurance, according to the Financial Conduct Authority
A quarter of policies include legal cover as standard, which households may be unaware of if they have held the policy for some time or did not read the terms and conditions thoroughly.
You can also buy legal expenses insurance as a standalone policy, the option Tina took, if it is not built into your home insurance policy or offered as an add-on.
There are two types of…
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