Advice Please - I think I've been unfairly dismissed but have no idea what to do!

SarEl

Jimavfc82 wrote: »

For an unfair dismissal claim it can only be raised after 12 months of employment unless the dismissal is on the grounds of specific discrimination - ie age/sex/union membership/pregnancy/sexual orientation/disability etc.

For a wrongful dismissal claim there has to be a breach of contract as you outline. The claim however can only be for the monies lost (ie if she had an extended notice period that was not honoured for example) and if there is no financial loss then there is nothing that can be claimed for. She could win a wrongful dismissal claim potentially, but all this would show would be a breach of contract, with no financial recourse - it would not show the dismissal was unfair per se.

That is my understanding anyway

It is also the laws understanding. Not that such things appear to always matter on these boards.

Northern_Princess

Thank you for your replies. Yes I had a contract and it stated that the Company could terminate employment with one month's notice. It also detailed the full disciplinary procedure which they didn't follow.

I have received a glowing reference from them this morning (from his wife) and she has assured me this is the reference they will give to future employers asking for one. She again apologised. It's put my mind at rest that I've got a good reference.

I got another bit of good news today too, I went for an interview on Wednesday at the local Council and was offered the job this morning :beer: So I start there on 12th December, on a full time permanent contract.

I think I've had a lucky escape from my ex employer to be honest but am still very confused to what I did wrong. Time to move on and put it behind me and look forward to my new job.

SHIPSHAPE

Jimavfc82 wrote: »

For a wrongful dismissal claim there has to be a breach of contract as you outline. The claim however can only be for the monies lost (ie if she had an extended notice period that was not honoured for example) and if there is no financial loss then there is nothing that can be claimed for. She could win a wrongful dismissal claim potentially, but all this would show would be a breach of contract, with no financial recourse - it would not show the dismissal was unfair per se.

That is my understanding anyway

The above is quite accurate but you, and other posters, have no idea what the contract of employment details because you didn't ask.

I did.

And now we know that the contract was indeed breached as the contractual terms on dismissal were not followed (as the subsequent reply from the lady shows).

The OP can now look closely at her contract of employment to see if a claim for damages is valid.

For example, the lady may have bought in advance a seasonal train ticket that is now of no use as she has no need to go to the destination of her employment.

She may have paid for child care, and so on.

The law can put the lady back into the position financially as if the contract was honoured.

None of us know if the above is at all possible unless we ask.

It is a very different viewpoint to the popular myth that 'one is unable to do anything for less than one year service.'

Contracts are all important and, often, more important than what one is statutory entitled to, as proven in this actual thread where the lady has at least got a months notice pay, all due to her contract.

terra_ferma

SHIPSHAPE wrote: »

The above is quite accurate but you, and other posters, have no idea what the contract of employment details because you didn't ask.

I did.

And now we know that the contract was indeed breached as the contractual terms on dismissal were not followed (as the subsequent reply from the lady shows).

The OP can now look closely at her contract of employment to see if a claim for damages is valid.

For example, the lady may have bought in advance a seasonal train ticket that is now of no use as she has no need to go to the destination of her employment.

She may have paid for child care, and so on.

The law can put the lady back into the position financially as if the contract was honoured.

None of us know if the above is at all possible unless we ask.

It is a very different viewpoint to the popular myth that 'one is unable to do anything for less than one year service.'

Contracts are all important and, often, more important than what one is statutory entitled to, as proven in this actual thread where the lady has at least got a months notice pay, all due to her contract.

This is a very interesting bit of information, where could I find more info, like outcome of recent cases etc?

tigeress289

Well stated,Shipshape. You are one of the first posters I have seen who says it as it is in the real world. Most others quote the same old HR crap, as if no one has any rights. There are a lot of things that can be done if wrongfully dismissed. In this case I think that going any further would not be worth it. The OP should, learn from the experience and move on. Well done again.

SarEl

terra_ferma wrote: »

This is a very interesting bit of information, where could I find more info, like outcome of recent cases etc?

I also look forward to that list.

November5th

Northern_Princess wrote: »

Thank you for your replies. Yes I had a contract and it stated that the Company could terminate employment with one month's notice. It also detailed the full disciplinary procedure which they didn't follow.

I have received a glowing reference from them this morning (from his wife) and she has assured me this is the reference they will give to future employers asking for one. She again apologised. It's put my mind at rest that I've got a good reference.

I got another bit of good news today too, I went for an interview on Wednesday at the local Council and was offered the job this morning :beer: So I start there on 12th December, on a full time permanent contract.

I think I've had a lucky escape from my ex employer to be honest but am still very confused to what I did wrong. Time to move on and put it behind me and look forward to my new job.

Really pleased to see this good outcome! It is entirely unprofessional for employers to make up spurious reasons for dismissal, they might want to let an employee go but making a negative impact on their future this way is childish and wrong. Glad that the wife was a sane professional!

I have just left a job as many of the managers would happily lie about performance issues, to cover underlying systemic issues that they refused to acknowledge.