Unfair Dismissal?

LittleMissSee

Hello,

Thanks for all your replies. Unfortunately I wasn't in a position to take the other role, and I left the Tuesday they told me I could apply for it. I asked there and then for a copy of my HR file, and a copy of my contract of employment, but so far, I haven't received either.

I was angry that she said that, however, that's 1 person's opinion, plus that isn't a good enough reason not to offer me the job, with at least a trial period?

I have spoken to my brother in law, who's friend is a solicitor and he seems to think I do have a case of constructive dismissal.

I am just emailing him what exactly happened, so I will let you know the outcome.

Thanks for all your replies and advice I really appreciate it.
x

naijapower

Yes. you are spot. I have read all carefully and i am convinced you do have a claim for constructive dismissal.
You can speak to CAB or ACAS in this first instance

martyp

I think you have 3 months from the date of dismissal to take it to a employment tribunal. Someone correct me if I'm wrong on that one.

ceridwen

LittleMissSee wrote: »

Hello,

Thanks for all your replies. Unfortunately I wasn't in a position to take the other role, and I left the Tuesday they told me I could apply for it. I asked there and then for a copy of my HR file, and a copy of my contract of employment, but so far, I haven't received either.

x

Sounds to me like your request was a verbal one. I would translate that verbal request into a written request - by giving them a letter (recorded delivery?) (copy kept obviously) - in which you say words to the effect of "further to my request for my HR file and copy of contract of employment made on (following date) - and your agreement to provide these, I would appreciate if I could have these by (such and such a date). Thank you".

That way - you have given them a deadline as to when these must be provided to you by and you have provided yourself with proof of your request.

tinypawz

LittleMissSee wrote: »

she felt my mental wellbeing had been affected by the process!!!

If you have had mental illness for longer than a year you are protected by Disability Discrimination Act.

Again this would have to go to a tribunal to prove, it might be worth mentioning this to you 'previous' employers. I imagine that they'll re-think the redunancy.

LittleMissSee

tinypawz wrote: »

If you have had mental illness for longer than a year you are protected by Disability Discrimination Act.

Again this would have to go to a tribunal to prove, it might be worth mentioning this to you 'previous' employers. I imagine that they'll re-think the redunancy.

Just to clarify, I don't have any kind of mental illness. It was a manager's opinion. She is someone who has a strong dislike of me, hence her "excuse" to HR for not allowing me to take the job.

tinypawz

Oh sorry, i misunderstood.:o

I only mentioned it because my workplace has recently brought in a new 'absence management policy' and are only alowed certain number of days off sick before a verbal warning etc. I was off for over 4 months (aug-dec) but OH (occupational health) people have said because my depression has been ongoing for longer than a year (feb 07 same time husband left, coincidence?! ) that I can not be subject to the new policy.....works in my favour.

scheming_gypsy

i've not read all of the threads as i'm full of a cold but from what i gather from the original post..
you were made redundant as your job was no longer available. You were then given the opportunity to apply for another position within the company but your application was unsucessful. There was also another position available but due to the wage cut you decided not to take it.
i'm not 100% sure or work in HR etc but once you were made redunadant you are no longer an employee of the company which would make an unfair dismissal claim void as you'd be claiming against a company who released you legally - via redundancy.