Employement rights does anyone know?

Question

I will cut a long story short!

My boss said i was made redundant. I sent a letter to him to appeal for unfair dismissal. We had a meeting and now they are saying they didnt make me redundant but they sacked me. I was at the company 11 months, but including my months notice they give me it works out at 1 year and 1 day!

Am i entitled to take them to a tribunal for "dismissal for not following disciplinary procedures?

Thanks everyone.

Answer 1

Hi,
I just want to make you aware that the answer depends very much on what they have actually dismissed from employment for and your allegations of the reason for dismissal. Certain rights are granted from day one of employment, and in certain circumstances even at initial interview - i.e the right not to be discriminated against on the grounds of sex, race, age, etc. Other rights are granted after qualifying time in employment. An employee generaly receives limited rights after three months and full rights after twelve months, this does however exclude redundancy rights which are granted after two years.

I don't know if you aware of it but as you had been employed by the company for over a year you have a legal right to a written statement detailing the reasons for your dismissal, if you have not already received this, ask for it. This will tell you if there is something fishy going on and is written evidence for a tribunal should you wish to go further. Please be aware that there is a three month time limit to apply for tribunal.

Obviously I don't know the facts of your particular case, and so can not properly comment, however an employer is not bound to follow the ACAS code of conduct - the tribunal would simply be looking to see if it had acted reasonably in the circumstances and had adhered to it's own disciplinary policy, which likely formed part of your contract. Please remember that if the employer does go back to stating they made you redundant you are not protected as you had not completed the qualifying employment.

To summise - Yes you could take them to tribunal, however, with all the uncertainties I would not reccomend it.

Answer 2

Hi Kate,

Seek Legal advice, this is the best way forward for you, as you can give them all the fact and will get a definitive answer rather than people opinions (however well intended). If you are advised that you do have a case, I would consider this route very carefully as it can be a very very stressful thing, not only the build up to the tribunal but a tribunal is conducted in a very court like manner. Either way and good luck.
P.S by the sounds of it you are better off away from this company, as even if they are lawful they are still completely morally wrong

Answer 3

Looks to me like you do have a case.

If they say you are sacked for no good reason you should appeal immediately ... if you accept it now it will be more difficult to claim unfair dismissal later.

Go to Citizens Advice and look for a Solicitor who specialises in Employment Law.

Write down now who was at the meeting and exactly what was said - by the time it gets to the Tribunal you will have forgotten what was said exactly and this could be vital to prove it was unfair.

Answer 4

Yes, definately. You worked for the company for over a year. If you had been made redundant, then your job is no longer available, so they can not take on another person to do your particular job.

Now they say, they sacked you without following procedures - do you have anything in writting. If you can't think of any reason why they would sack you, then i feel you would have a case.

Good Luck!

Answer 5

No you do not have a case for Unfair Dismissal.

As you are cleary aware, because of the comments you have made, to claim for unfair dismissal you have to have one year's service. Unfortunately, they dismissed you one month short of this, but as you correctly stated, you can include your service into this. However, the service you are allowed to include is satutory only, and that would only be one week. So unfortunately you are about 3 weeks short of the one year.

Its a fair point to make, service can be included to your service in order to claim unfair dismissal, but only that of statutory notice, not contractual notice.

There are, however, circumstances where you do not have to have the one years service and that can include discrimination, health and safety, working time regulationsand non issue of a contract - to name a few.

Answer 6

regrettably, an employer can hearth you without previous warning at any time without recourse. and that they are able to fireplace you for any reason, except you are able to teach you have been discriminated against on the inspiration of intercourse, creed, faith, or race. you are able to call an lawyer on your section and she or he or he will have the skill to make sparkling to you in case you deserve reimbursement, and what the regulation describes approximately that specifically in the state of ND. On a private be conscious, i've got been "enable go" from a good number of jobs, and a few cases, it become thoroughly unfair and bordering on assanine, the way i become taken care of at a number of those places. i've got referred to as an lawyer to boot to be certain if I had a case the only time i become fired/end. The lawyer agreed with me that it become a terrible and advise thank you to enable somebody go, yet he could no longer do plenty for me in terms of criminal circumstances. i be attentive to you're indignant, i think for ya, pal. i wish it works out for you in the top...i'm plenty happier now then whilst i become working for those dunderheads. you purely did no longer in good shape into their "prestige quo" there. call unemployment on Monday.

Answer 7

i was in the same boat i found out that you have to be in the company for a year before you can take the company to court or tribuneral you can try but you want win as i didnt but you are entitile to all the holiday pay which is due to you sorry to be the bearer of bad news but i have been there myself and know .

Answer 8

Employment rights now begin from day one and so you can take them to an ET for not following the disciplinary procedures. See www.acas.gov.uk - their helpline is also excellent