Is this unfair dismissal? Help please!

[gsfrontera]

Hi all.

I have worked with my current employer for nearly 7 months. Today while in the car on my way to work I receive a phone call from the company owner telling me that there is no work for me and he is going to have to lay me off with immediate effect.

A bit of background. I worked with a number of sub contractors doing groundworks and reinstating paths on a housing estate. I was the driver for them to take stuff away bring stuff to them etc. These sub contractors were laid off last week (friday) due to them not doing the job correctly.

A new set of lads started yesterday doing their job, but these lads are fully employed by the company, same company as me. There are 4 of them, 2 brothers, and 2 sons of one of the said brothers.

As from today it turns out one of these lads is now doing my driving job and im out of work with no notice.

I have a small child and a house to run.

So can someone please tell me if this is unfair dismissal, I was not sent packing due to my standard of work or due to anything else.

Thanks in advance.

[KrazyIvan]

Did you get anything on paper when you joined or we laid off?

If they told you there was no work, and now someone new is doing your exact job, then yes it was unfair. However if you "role" is now being shared by two/three other guys who do other jobs as well then it may not be as clear cut.

Either way get yourself down to CAB, and see what help they can give you.

[Eric Mc]

Were you an employee?

Did you have an employment contract?

Has your post been made redundant?

With a period of only 7 months, you won't have the same rights as someone who has been there over a number of years.

[gsfrontera]

Eric Mc said:

Were you an employee?

Did you have an employment contract?

Has your post been made redundant?

With a period of only 7 months, you won't have the same rights as someone who has been there over a number of years.

I was an employee, but I was never given an employment comtract, nor have I ever signed one. I can prove that I was employed due to my payslips etc. My exact job still exists, just now its being done by someone else who has just started with the company.

[PugwasHDJ80]

how long have you been there?

[KrazyIvan]

gsfrontera said:

I was an employee, but I was never given an employment comtract, nor have I ever signed one. I can prove that I was employed due to my payslips etc. My exact job still exists, just now its being done by someone else who has just started with the company.

Yeah but is he doing your job, or your job plus other stuff?

[MrTom]

PugwasHDJ80 said:

how long have you been there?

Really?

First line of his post

'I have worked with my current employer for nearly 7 months'

[PugwasHDJ80]

MrTom said:

PugwasHDJ80 said:

how long have you been there?

Really?

First line of his post

'I have worked with my current employer for nearly 7 months'

in my defence...........

actually i'm a numpty

OP don't think you have a leg to stand on.

they should have given you notice and any outstanding holiday pay, but sub 9 months there is very very little you can do!

[gsfrontera]

KrazyIvan said:

gsfrontera said:

I was an employee, but I was never given an employment comtract, nor have I ever signed one. I can prove that I was employed due to my payslips etc. My exact job still exists, just now its being done by someone else who has just started with the company.

Yeah but is he doing your job, or your job plus other stuff?

Just my job as far as im aware. The only reason he is there and not me is because they are all family and want to work together

[gsfrontera]

PugwasHDJ80 said:

MrTom said:

PugwasHDJ80 said:

how long have you been there?

Really?

First line of his post

'I have worked with my current employer for nearly 7 months'

in my defence...........

actually i'm a numpty

OP don't think you have a leg to stand on.

they should have given you notice and any outstanding holiday pay, but sub 9 months there is very very little you can do!

Maybe so. I know I have only been there a short time but to call me when im on my way to work and tell me not to bother is still a bit st

[edc]

Morally it might be unfair but it is not an unfair dismissal as from the information you provide you would not be eligible. If you did not receive the correct notice pay then you may wish to pursue the company for that as well as any outstanding accrued holiday pay.