Have I a case for Industrial Tribunal
Discussion
Hi, hope you can help me, i will try and keep this short. Went back to a company (i was working for for 12 years earlier) on 18th August 2014 on a six month contract. This was to end 13th February 2015. My manager told me on the 13th that i was to be kept on for another 6 months. So thought great. Now come this Friday 20th Feb at 4.00pm, my manager and his manager sent for me to tell me that my employment has ended. No real explanation as to the circumstances, just the usual bull of my work is excellent but we dont need you anymore. By 4.15pm is was on my way out the door. Me and my manager are totally shocked.
As my contract is set out for those dates and on page 2 under Notice of Termination it says "during this temporary assignment either party may terminate employment for any reason with one weeks notice. I have not been given a weeks notice.
So by the dates and times that I have given I did not receive one weeks notice ,only just 1/2 hr !!!!!!
Do I have any just cause to seek further advice on a case of unfair dismissal ?
many thanks for your help in this.
As my contract is set out for those dates and on page 2 under Notice of Termination it says "during this temporary assignment either party may terminate employment for any reason with one weeks notice. I have not been given a weeks notice.
So by the dates and times that I have given I did not receive one weeks notice ,only just 1/2 hr !!!!!!
Do I have any just cause to seek further advice on a case of unfair dismissal ?
many thanks for your help in this.
LoonR1 said:
Unless the previous employment counts as continuous with this one you've not got any employment rights at all.
You may have a contractual claim for the weeks notice which I'm sure they'll pay you and that will be that for the contract.
That's spot on, basically. Unfair dismissal is a statutory claim, which you only get the right to bring after 2 years continuously employed. If there was a 12 year gap between the previous employment and this one, it's not going to bring you any rights, unfortunately. You may have a contractual claim for the weeks notice which I'm sure they'll pay you and that will be that for the contract.
However, if there is no contractual provision for providing payment in lieu of notice (or there is but they're not going to make that payment), then by dismissing you without giving the required 1 week's notice, it does sound like they've breached the contract of employment. That does give the option to pursue a claim for wrongful dismissal. The damages you'd be claiming would be the difference between where you are now and where you would have been had the contract been properly performed, which would be with one week's extra payment in your pocket.
So on the face of it, you do have a cause of action, but you'd only be pursuing them for one week's cash. If there's a provision in the contract to give payment in lieu and they do that, there's no breach. If there's no provision for payment in lieu but they make it anyway then you're into a slightly complicated area of law to decide whether there's been a breach in the first place.
Any which way though, you can tell them that you're entitled to that week's pay. I'd start by 'just checking' with them that you'll be receiving a sum for the week's notice you should have received. If they say no, tell them that they should be and you'll have to consider a claim for wrongful dismissal in the EMPLOYMENT tribunal if they do not reconsider their position. If they're a decent organisation, chances are they'll already be planning to pay it to you anyway.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff