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

discountmummy

copa_feela wrote: »

What do you want to happen? Have you appealed the decision? Those talking about unfair dismissal have jumped the gun a tad!

Im intending to put in an appeal letter, but as previously stated im having difficulty proving I started before the date on my contract, I signed my contract on the 23 Jan 2011 and know that I started doing a day a week after this date while I was working my months notice to help out. The contract date was so it didnt overlap my previous employment, but its one thing knowing and another proving it, I hope they have kept a timesheet record!

Can I appeal it if this is in doubt anyway? They use mentor so will be advised by them and will do things by the book as they scared of a claim.

Uncertain

copa_feela wrote: »

Those talking about unfair dismissal have jumped the gun a tad!

Why?

All I pointed out was that if the OP can evidence a year's service then it is possible to make a claim. That doesn't in itself mean the claim would win but it seems fairly obvious that this is a classic case of a firm trying to get rid just inside the magic year.

SarEl

copa_feela wrote: »

What do you want to happen? Have you appealed the decision? Those talking about unfair dismissal have jumped the gun a tad!

I agree. If you can evidence that you have a years service then you probably do have a strong case, based on what you have said - but have you done anything to inform the employer by appealing, or even just pointing out that they can't just do this? Even if this were to go to tribunal, it isn't going to be the win of the century, and you still have to find another job. So what is the best outcome for you here?

Uncertain

discountmummy wrote: »

Can I appeal it if this is in doubt anyway?

Yes. In fact I wouldn't mention a word about the possible date mix up at this stage. You don't want them "losing" timesheets and concocting stories!

If you do end up making a claim you MUST do so within 3 months less one day from the date of dismissal. Don't be strung along and run out of time.

Can friends and family not provide confirmation that you worked their part time if need be?

SarEl

discountmummy wrote: »

Im intending to put in an appeal letter, but as previously stated im having difficulty proving I started before the date on my contract, I signed my contract on the 23 Jan 2011 and know that I started doing a day a week after this date, but its one thing knowing and another proving it, I hope they have kept a timesheet record!

Can I appeal it if this is in doubt anyway? They use mentor so will be advised by them and will do things by the book as they scared of a claim.

You can appeal whether or not you can prove it. The appeal is the employers "court" - they will hear it anyway, especially based on your argument that you have 12 months service already, if they do things by the book.

SarEl

Uncertain wrote: »

Yes. In fact I wouldn't mention a word about the possible date mix up at this stage. You don't want them "losing" timesheets and concocting stories!

If you do end up making a claim you MUST do so within 3 months less one day from the date of dismissal. Don't be strung along and run out of time.

Can friends and family not provide confirmation that you worked their part time if need be?

The timesheets can be "lost" at any point at which this is brought up. So not saying anything won't change that happening later - the OP can either evidence this independantly or not. But equally, the employer is by the book, there is more chance of them correcting this at appeal than if it went to a tribunal - at that point, when the claim is in, they have every interest in losing anything the OP can't prove.

Uncertain

copa_feela wrote: »

Because it is likely that the OP can resolve this situation without being quite so over the top about it. Not everything has to be a battle!

If she can then great but she needs to know what her fall back position is.

As it stands the firm clearly think they are immune as they believe they have dismissed within the year. When they realise they haven't I imagine they will look to make some kind of settlement.

Would the OP really want the job back knowing that they wanted to get rid of her?

SarEl

Uncertain wrote: »

If she can then great but she needs to know what her fall back position is.

As it stands the firm clearly think they are immune as they believe they have dismissed within the year. When they realise they haven't I imagine they will look to make some kind of settlement.

Would the OP really want the job back knowing that they wanted to get rid of her?

I mostly agree - but a fall back position that you raise in tribunal but not at appeal is going to reflect badly on the OP for not doing so. Unless the employer is large and can "lose" the OP in another department where this won't be an issue, this probably is going to become a settlement issue rather than reinstatement or tribunal - and that may be the best outcome. It's quicker for a start, and an agreed good reference can make the difference between getting another job quickly and months on the dole.

discountmummy

Do you think If I suggest a weeks pay plus holidays owed plus a good reference is a fair settlement to ask for? Oh and no notice to work or effective going on gardening leave?

Googlewhacker

discountmummy wrote: »

Do you think If I suggest a weeks pay plus holidays owed plus a good reference is a fair settlement to ask for? Oh and no notice to work or effective going on gardening leave?

if I was the employer I would be snapping your hand off, u just need to make sure that its done as a legal compromise agreement so that they cannot back out of giving an agreed reference (ie one you write yourself)