Been Sacked - Help Need Advice

worryguts_2

Optimist wrote:

Good luck I hope it works out for you. Do let us how how it went on

Just in case it happens to anyone else - and thanks to you all:o

Fleago

I could be wrong too Optimist, as this is not the area of employment law that I am most au fait with, but my understanding of it tallies with yours. I found the following on the DTI's employment legislation website which seems to confirm that whilst dismissal without following statutory dismissal and disciplinary procedures is automatically unfair, it does indeed require the employee to have at least twelve month's continuing service to complain:

Dismissal without following statutory dismissal and disciplinary procedures

From 1 October 2004, statutory dismissal and disciplinary procedures come into force. Once they are in force, where they apply and are not treated as having been complied with, it will be unfair to dismiss an employee without their having been followed, if failure to follow them is wholly or mainly the fault of the employer. Employees who wish to complain that they have been unfairly dismissed for this reason must have completed one year's continuous employment at their effective date of termination (see Effective date of termination). Until the age limit on unfair dismissal claims is removed on 1 October 2006, they must also not have reached the normal retiring age for their employment, or, if there is no normal retiring age, the age of 65.

Hope this helps and good luck to your OH worryguts