Unlawful Dismissal

jacksons_mum

hi, dont know if this is the best place to post this thread so if it isnt please move it cos i need all the help i can get!

this morn i received my P45 had no idea i had lost my job, apparently it was a mistake by head office but my new (by 2 week) boss says it wont affect my share save, holidays, tax credits, length off continouus employment etc. what do i do? do i leave the comp and claim unlawful/ unfair / constrctive dismissal etc or do i just ignore it?
thanks

ovetta2001

well if you havent actually been sacked and it was a genuine mistake you have little to work on to claim unfair dismissal. They will clearly explain that if you bring it up on a case and then working for them would be difficult and you will probally end up leaving anyway

As long as you make it clear it wont affect your benifits etc then it should be ok

jacksons_mum

thanks, i think it was a genuine mistake but a bit of a stupid one as i have been with the company for over 2 years and then they mistakenly sack me. i was thinking of leaving this awful multi - national company who always put profits before staff anyway. do you think i have no options whatsoevever?

Milarky

Has your place of work been taken over then? If you have been 'transferred' to a new employer, this is covered by certain rules. You should check what they say has actually changed between the previous job's and the new job's terms and report anything you are unhappy (or still unclear) about here for more comment.

But if that is the case (and I'm only surmising it is from your brief post) geting a P45 is not particularly significant - it happed to me this year and I'm still in the old job (more or less) IIRC, the only thing the new employer is not bound to keep to are pre-existing pension arrangements. They can start you over with those. But everything else (pay etc) should maintained where it is - and you do retain seniority/continuity of service for statutory rights - such as future redundancy.

In short, you shouldn't have to consider this any kind dismissal - and therefore not need to claim for any associated loss or infringment.


[NB what do you mean by receiving your P45 'by mistake'?]

HTH - sorry if I'm completely off the mark. More details to clear this up please.

ovetta2001

i think the best thing to do would be to take everything you can to your local Citizens advice bur. They will be able to tell you all the laws etc and what they think you will and wont get away with. Mine are always really helpful!

I guess you could claim stress etc from the letter and because you have been working for the company for over a year you have quite a few rights as well! The real probem is that because you have spoken to you manager about it you cant claim you didnt know better so you will have to work from a different angle. Possible loss of benifits, stress, lack of information when inquired, and enquiry into the 'mistake' and why it happened etc are all possibilities but you have to be careful on where you walk. You could end up losing you job, losing your referance and getting nothing out of it too.

jacksons_mum

im confused too! this morning i received my p45 in the post which completely shocked me. i went into work and asked why, and apparentley it was a mistake by head office. this has completely shocked me as i had no idea. i have new managers in the restaurant i work in but not new employers (still whitbread plc) are they trying to get rid of me or what?!

Shazmar_2

Hi jacksons mum, I think that you recieving your p45 was a genuine mistake as your employer is still Whitbread. From your post I gather that you have new management only, not a new employer. However to be on the safe side ask what the situation is before you do anything. Your Terms and Conditions can not be changed without your agreement. Even if you had a new employer you would be covered by the Transfer of Undertakings regulations (TUPE). Give your p45 back to your employer and ask them to investigate and put the situation right.

albacore1854

fact is they have cut short your service.The P45 would however anyone looked at it indicate you had left and then returned.Meaning you have lost any rights etc to redundancy.They might be nice about it now but if things changed they may be able to use it against you.I would demand a written apology outlining the situation to your satisfaction, and clearly stating that it is an error of their making and does not impact you now or in the future.

Phoenix79_2

jacksons_mum wrote:

this morn i received my P45 had no idea i had lost my job, apparently it was a mistake by head office but my new (by 2 week) boss says it wont affect my share save, holidays, tax credits, length off continouus employment etc. what do i do? do i leave the comp and claim unlawful/ unfair / constrctive dismissal etc or do i just ignore it?
thanks

How can you claim unfair dismissal or compensation if it was a mistake? Jusk ask your bosses for a full explanation of why your P45 was issued.

albacore1854

If you really want to leave, then you might be better going for constructive dismissal, but with two years service, you'll probably not get sufficient out of it to warrant the risk.I believe they are legally bound in constructive dismissal to pay legal redundancy minimums to the date of your next employment.so the state will rub their hands with glee and say nothing to do with them, until you're pretty much on the streets.

dfdemello

Hi Jacksonsmum,

On the face of it this seems a genuine mistake - your details may have mistakenly been flagged to receive a P45 and the payroll system may have just run one off automatically. If you were subject to TUPE (basically where another company takes over another company and is, in the most part, required to keep on the same staff) you would have been consulted and the process explained.

If you have a contract of employment you would expect them to provide you with notice of any termination...so if this has not happened then you should not have anything to worry about.

Main thing to do is just talk this through with your boss or probably better, someone in the HR department.

Hope this helps.