Terminated for Poor Performance Without Notice: Can I Challenge This Legally?

Termination Experience and Seeking Advice

In regards to termination, I have been working as a Branch Relationship Manager with XXX Life Insurance Company in their CAT vertical. I recently got terminated on grounds of poor performance. A showcase notice was issued to me, and I was asked in writing why my performance was below HR expectations. I replied with the issues I was facing at the workplace. Subsequently, I was called for a face-to-face meeting with HR and the Zonal Vice President. The issues I raised were discussed and addressed, but no future expectations or conclusions were provided.

The day after the face-to-face meeting, I received an email from HR with the minutes of the meeting with HR and the Zonal Vice President, yet again without any definitive conclusions or expectations. Despite this, I continued working in my usual manner, and my line managers did not provide any further feedback even after repeated inquiries, simply stating, "Carry on with your work."

After working for 45 days, on the afternoon of December 24th, I received a termination email stating that due to a loss of faith, I was terminated with immediate effect without any prior notice following the face-to-face meeting with HR on October 25th. None of my line managers were included in the termination email loop.

I seek your advice on what steps I should take in this scenario. Is this termination illegal, and can I pursue legal action?

Termination and Dismissal Issues

There are two issues: one is termination as per the contract of employment, and the other is dismissal following a performance issue. Being a Branch Head, the company can take any step—either ask you to go, paying whatever notice pay is required, or issue a charge sheet, prove that your performance was bad, and then terminate based on that. The only deviation from this found in your case is that you were asked to explain and then served a notice of termination, saying that the company has lost confidence in you. That is stigmatic termination. They could have easily terminated you without showing any reason, saying that as per the contract of employment, your service is not required, and so on. But in this case, it is stigmatic. It is okay if they have given you all the evidence to show that your performance was bad.

Advice for Managerial Personnel

Now, being a managerial person, whatever the company thinks should be adhered to is the common law. This is because you cannot get any protection of Labor Law. At the same time, if you waste your time fighting with the management, it may spoil your career. It's better to try to make the dismissal a termination followed by resignation from your side and get relieved on good terms.

Thank you for your reply.

There is still one issue that needs to be addressed.

Why are my immediate line managers, i.e., the area manager and cluster manager, kept in the loop when sending this termination email to me? They were not even consulted before taking this action. Is this not illegal?

Please advise.

Thank you for your response.

There is still one issue that needs to be addressed. Why were my immediate line managers, i.e., the area manager and cluster manager, not kept in the loop when sending this termination email to me? They were not even consulted before taking this action. Is this not illegal?

Please advise.

Termination Process and Line Manager Involvement

It is not necessary that all line managers should be given a copy of the termination email. It is acceptable if there is an SOP stating that no one should be terminated without the knowledge of their reporting officer. Since the performance review is based on reports by the Area/Cluster Managers to whom you normally report, it should be assumed that the termination is known to them. At the same time, they might say, "I am okay with your performance, but I am helpless; the management or HR is not okay with you." This is a poor explanation, I understand. If they have disowned the responsibility of terminating you for a performance issue, you can ask them on whose reports you have been terminated.

Anyway, HR alone cannot decide the performance of an employee. I should say HR has no say in it, but only the Reporting Officer or the figures submitted by them can determine whether an employee is performing or not.

Thank you for your response. Please advise me on the necessary course of action. Should I pursue legal action, or should I escalate the issue to a higher authority within our Human Resources department.

Is there any time period after the showcase notice followed by a personal hearing for the showcase notice, that termination for an employee can be issued? Can this termination be issued directly to an employee without keeping line managers in the loop? Also, is it not necessary to inform an employee before termination?

What actions can I take?

Looking forward to your valuable suggestions.

Thanks