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Employer says I have left my Job ....Where Do I stand?

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Comments

  • SandC
    SandC Posts: 3,929 Forumite
    Part of the Furniture 1,000 Posts
    Also, why change the locks if you had handed in your notice?
  • SomeBozo
    SomeBozo Posts: 1,195 Forumite
    I am also head scratching about the redundancy thing.


    To me it sounds like unfair dismissal (based on what we know here).

    Bozo
  • snowmaid
    snowmaid Posts: 3,494 Forumite
    Go see CAB. My BIL was made 'redundant' over the phone with no consultation process.

    He saw CAB, their lawyer wrote letters back and forth and the company are now wanting to settle without going to tribunal.

    Take all your evidence with you when going to CAB.

    My BIL never paid a penny for legal assistance.
  • Philippa36
    Philippa36 Posts: 6,007 Forumite
    Part of the Furniture Combo Breaker
    I'm in a similar position and just about to take my employer to a tribunal.

    However, he's claiming that I was laid off - not redundant - for 13 weeks and that I then 'found another job' therefore, he's claiming that I left of my own accord :rolleyes: I haven't found a new job but I did work temporarily for someone else which he is aware of.

    So far, I've read that if I've been laid off then he still has to pay my full pay unless its part of my contract (I have no contract!)?

    I would recommend the CAB too.

    Good luck!
    “I tell you, we are here on Earth to fart around, and don't let anybody tell you different.”
    Kurt Vonnegut
  • diddlydum
    diddlydum Posts: 209 Forumite
    If you ring up Community legal Advice on 0845 345 4345 you can speak to an employment specialist within a few minutes. The advice is paid for by legal aid and shouldn't cost you a penny.
    Build a man a fire and he will be warm for a day.

    Set a man on fire and he will be warm for the rest of his life.

    -Terry Pratchett.
  • ceridwen
    ceridwen Posts: 11,547 Forumite
    10,000 Posts Combo Breaker
    timbellina wrote: »
    Why are we talking about redundancy here? Granted that OP's often are so distressed that they forget minor points etc; but this seems pretty clear. It's dismissal; and as such I don't think the OP should be threatening to go to a tribunal if they don't get paid, they should simply be going straight for unfair dismissal and nailing the beggar. Or am I missing something here?


    the phrase "business being slow" - as in not enough work to do - ie the job is redundant - so the person occupying that job is redundant...
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    britters1 wrote: »
    Its so frustrating I am at my wits end, any information or experience would be extremely helpful.

    CALL ACAS ON 08457 47 47 47

    They're open tomorrow until 1300hrs !!!!
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    The clock is ticking fast, you must act now or you will be time barred as the ET1 requires to be lodged within 3 months, ie 3 months less 1 day - do it asap.
    Don’t be a can’t, be a can.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Lodge your claim straight away. You can do it online. Your claim is for unfair dismissal and breach of contract for failure to pay notice pay.

    Explain what happened - that you were employed as factory supervisor for 8 years until [date] when you were dismissed without warning or explanation. That you lodged a grievance with your employer about the way you were treated but your employer has failed to respond.

    DO NOT WAIT, if you miss the deadline, you lose your right to make a tribunal claim. Once you have lodged the claim, if you get advice, you can apply to amend the claim to provide further details.

    The tribunals are used to people representing themselves, but you MUST get the claim in within the time limits.

    As someone else has said, start with the termination date on your P45, count three calendar months forward and one day back.

    Don't leave it too late
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • britters1
    britters1 Posts: 7 Forumite
    Thanks for all help and advice offered

    I have appointment with CAB to go through Tribunal Form and get it posted off.... I'll Let you know outcome.
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