is this unfair dismisall ?

jamespir

got my pay slip and inside was a memo from work adressed to all the people who work in the west area(to which i fall under) stating that due to a fall in sales the company was pulling out if the west area as of friday 19th december it also stated that the company could find some work with another company ( which are owned by the people my company were doing things for)for the select few but it would mean traveling 160 miles to work everday it then went on to say thanks for all your hard work and wish you luck in the future we were given no prior warning to this and it has come as a bit of a shock i have phoned in but funniuly enough no one is ansewering the phone can i take them to a tribunal or what else can i do

Mini_Bear

Were you a temporary or permanent employee? Were you self employed?
If you were a temp then you get very little rights regarding dismissal. If however you are a permanaent employee with an employment contract get some free legal advise. CAB is a good place to start.

HelzBelz

Are you employed by the company, or is it freelancing, and if it's employed how long have you been with the company.

Conor_3

Basically, they've made you redundant. They've satisfied the minimum legal notice period. The only thing you are entitled to is redundancy pay if you've been there 2 years or more.

LittleVoice

Conor wrote: »

Basically, they've made you redundant. They've satisfied the minimum legal notice period. The only thing you are entitled to is redundancy pay if you've been there 2 years or more.

Whether it is the minimum notice period depends on whether the people reading the memo are employees or not. If they are employees then, in the absence of longer notice in their contract, they are entitled to one week's notice if employed for a month or one week for each completed year of employment (up to 12 week maximum).

So, if the minimum of one week's notice is required, the notice would have had to have been received no later than 12 December.

jamespir

im employed by them not self employed have been since the first of october i recieved the pay slip this morning in the post as i always do

LittleVoice

So you were due to receive at least one week's notice. Check your written particulars as you may be entitled to more. And you only received 3 days notice (Wednesday, Thursday and Friday itself).

As well as pay for the extra days of notice to which you were entitled, you are also entitled to any accrued holiday pay. Have you taken any holiday since you started?

And it probably isn't unfair dismissal (redundancy is a fair reason to dismiss) but it may be wrongful dismissal if they haven't followed their procedures properly.

bandraoi

Was there any more in the payslip than normal?

jamespir

LittleVoice wrote: »

So you were due to receive at least one week's notice. Check your written particulars as you may be entitled to more. And you only received 3 days notice (Wednesday, Thursday and Friday itself).

As well as pay for the extra days of notice to which you were entitled, you are also entitled to any accrued holiday pay. Have you taken any holiday since you started?

And it probably isn't unfair dismissal (redundancy is a fair reason to dismiss) but it may be wrongful dismissal if they haven't followed their procedures properly.

well im working till friday my next pay is friday ive not taken any holiday they actually owe me about two weeks wages with the week in hand mallachy and this weeks as well amkes 3 so im hoping they pay me my correct amount

jamespir

bandraoi wrote: »

Was there any more in the payslip than normal?

no less than i usally get

HelzBelz

Unfortunately as you've been there less than 12 months I think they can dismiss you at any time