Would this be unfair dismissal? update 11/10/2010

Britwife

So hubby rang ACAS on Monday and got yet another answer so we decided to get a solicitor, they will be coming here in the morning to see what we can do. We've transcribed the recording for them and they are eager to listen to it as well. They told my husband he doesn't have to go in for the meeting since he no longer works for them. So that was a relief, it's very stressful dealing with these folks.

Many thanks again. Will keep updating when I can and when permitted to.

Googlewhacker

when was he actually dismissed?

zzzLazyDaisy

ilovebanksMCMLXXXI wrote: »

Also, if Company A was dissolved and Company B began in April 2010 then your husband has only been employed by Company B since April. Therefore as he has been employed for under 12 months he can be dismissed.

I haven't read the whole thread, so apologies if this has been picked up - but just in case...

If OH was originally employed by company A, and subsequently the work and his job is transferred to company B, this does not break his continuity of service as this is a TUPE transfer, and is protected.

Britwife

He was dismissed about 3 weeks ago.

And both companies have always been run side by side. Since my husband started there, he had a mix of supplies from both company names such as uniform shirt, business cards, email signatures.

Acas said he has a case as well as a solicitor friend and we'll find out more tomorrow and see if we can afford this other solicitor and how they work. they specialize in employment law.

zzzLazyDaisy

Britwife wrote: »

He was dismissed about 3 weeks ago..

But at one point you said he is still being paid. Or have I misunderstood?

The thing is, if he is still being paid, and he hasn't had a letter of dismissal or a P45, then he has not been dismissed.

In those circumstances, if he chooses not to return, he will have resigned and any claim would be for constructive dismissal. By far the majority of CD cases are unsuccessful. He may also risk having his benefits sanctioned.

So you do need to be clear about whether he has been dismissed in law.

Britwife

LazyD, our solicitor brought up the very same points but after reading and listening to everything, it's clear that this was an unfair dismissal. She asked lots of questions too.