Been given notice but have been in there service for a year

discountmummy

Ive been given my notice but have been working for the employer since the end of January 2011 (As I was starting and leaving a part time job I worked a day a week during my notice period at the new company to get started)
My contract however states that i started on the 25 Feb 2011. I did get paid for the hours I worked in Jan and feb 2011 in my 25 Feb wages.

The reason given for my notice was that he felt i did not fit into the team. I have had one informal chat at the end of Sept after he had dismissed someone else and discussed the fact he felt we hadnt got on prior to that we had a further informal discussion regarding the person he then went on to dismiss.

I specifically questioned whether it had anything to do with my working ability and he said no he felt I can do the job.

So not sure where to go from here really please could I have some advice?

Uncertain

discountmummy wrote: »

Ive been given my notice but have been working for the employer since the end of January 2011 (As I was starting and leaving a part time job I worked a day a week during my notice period at the new company to get started)
My contract however states that i started on the 25 Feb 2011. I did get paid for the hours I worked in Jan and feb 2011 in my 25 Feb wages.

The reason given for my notice was that he felt i did not fit into the team. I have had one informal chat at the end of Sept after he had dismissed someone else and discussed the fact he felt we hadnt got on prior to that we had a further informal discussion regarding the person he then went on to dismiss.

I specifically questioned whether it had anything to do with my working ability and he said no he felt I can do the job.

So not sure where to go from here really please could I have some advice?

Well if you can prove that you actually worked there continuously for a year then you could make a claim. It doesn't matter what your contract says if you have evidence to the contrary. The one year qualifying period applies equally both to part time and full time work

Actually you only need 51 weeks as they have to give you a week's statutory notice. If your contract requires more notice than this they will have to pay you for the extra but it doesn't count towards the year needed for an unfair dismissal claim.

Unfair dismissal or not, they must either let you work your notice or pay you for it plus they must pay you for any untaken holiday.

jobbingmusician

Did you sign a contract when you started? What was the start date on the contract?

Uncertain

jobbingmusician wrote: »

Did you sign a contract when you started? What was the start date on the contract?

Doesn't matter if the OP has evidence that they worked from pay slips etc.

jobbingmusician

Hmmm. If it looks anything like my first payslip, it will have Feb pay plus a lump sum, without saying what the lump sum was for.

I guess these are common, however, and a tribunal will have seen them before and are likely to understand that the lump sum is for time worked in Jan - UNLESS there are similar lump sums every month, for something such as overtime????

Edit - oh hold on, though. It was a Feb payslip... I agree. It couldn't really relate to anything except an earlier start date. If, as the employer states, the employee started on 25th Feb, there's no way they'd be owed anything like what was presumably paid.

Someone (at the employer's end, I mean) has made a mistake about the start date......:eek:

Uncertain

jobbingmusician wrote: »

Someone (at the employer's end, I mean) has made a mistake about the start date......:eek:

Indeed - thought they were being clever and may well have shot themselves in the foot.

vax2002

The p60 will have dates.

discountmummy

I think the problem I have is proving it but they should have kept proper timesheet records, I know which payslip I was paid for this time on but they just say x amount of hours

LadyMissA

vax2002 wrote: »

The p60 will have dates.

P60? They have just left or rather been terminated so I am not sure they have a p60

LadyMissA

discountmummy wrote: »

I think the problem I have is proving it but they should have kept proper timesheet records, I know which payslip I was paid for this time on but they just say x amount of hours

Did you sign a p46 or hand in a p45 when you started? Call your tax office and they will have the date you started with this company

vax2002

They are dumping you off before you are due any rights.
You will have a very good case for unfair dismissal, providing you dont tip them off !