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Unfair dismissal - determining one year of service

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24

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  • marybelle01
    marybelle01 Posts: 2,101 Forumite
    You have an employment lawyer but you are here asking people who aren't employment lawyers the question? Yeah, right...

    They told you that your employment was terminated immediately after the meeting. That is what you said.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 24 March 2012 at 12:32PM
    I think you accepted the verbal notice of termination by agreeing to stopping work and that sets the clock ticking.

    As you say for statutory purposes the termination date is deemed to be the final date OR the date it would have been with statutory notice.

    So even if you were on garden leave that was terminated by the reciept of the letter which gives PILON

    So your latest termination date would be that if that was later than the weeks statutory notice on top of the termination date the employer is saying they are using.

    I think if you want to follow your path you need to establish when writen notice is deemd to be dated from and add your weeks notice.

    if you believe that takes you over the date required put in a ET.
  • sebtomato
    sebtomato Posts: 1,119 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 24 March 2012 at 12:17PM
    You have an employment lawyer but you are here asking people who aren't employment lawyers the question? Yeah, right...

    They told you that your employment was terminated immediately after the meeting. That is what you said.

    Thanks, but that's not the question I am asking... I do have an employment lawyer, as getting legal advice from "legal experts" on discussion groups is not necessarily as accurate as it could be. Most people here state that the claim cannot be received, when the lawyer states it will be.
  • jakirk
    jakirk Posts: 49 Forumite
    Most people here state that the claim cannot be received, when the lawyer states it will be.

    But the lawyer gets paid regardless, even if you lose.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    sebtomato wrote: »
    Thanks, but that's not the question I am asking... I do have an employment lawyer, as getting legal advice from "legal experts" on discussion groups is not necessarily as accurate as it could be. Most people here state that the claim cannot be received, when the lawyer states it will be.

    Have they really said that?

    If they have, put a claim in based on that advise.
    nothing to lose if the dates stack up.
  • sebtomato
    sebtomato Posts: 1,119 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    jakirk wrote: »
    But the lawyer gets paid regardless, even if you lose.
    Well, I think there are two possible outcomes in such employment matters:

    1) The claim goes to the ET, and the vast majority of employees have legal representation (so need an employment lawyer)

    2) Or a compromise agreement is reached (most likely outcome) and it is compulsory to have the agreement reviewed by a lawyer, but generally paid by the employer, else the signed agreement would not stand

    Either way, I need an employment lawyer, but the most likely outcome is to reach a compromise in my case (and most of the legal fees will be paid by the employer), since my employer would automatically lose in the employment tribunal.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Depends you are convinced you will win.

    Sometime the employers takes the hit on cost and makes a stand.
    Seen it done and they won the case at ET.

    I still think you accepted a variation in the contract(notice in writing) by accepting the verbal dismisal at the meeting and not turning up for work.

    Claiming you thought you were going on garden leave backs that up.
  • sebtomato
    sebtomato Posts: 1,119 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 25 March 2012 at 11:53AM
    I actually didn't accept what was said during the meeting, and I clearly stated it verbally. I had no colleagues or witness with me, so it would be hard to confirm or deny what was said.

    Yes, I am confident I would win (no dismissal process was followed, unfounded reasons), and my employer sent a letter stating that they would do whatever they can to prevent me from going to ET, which is a written admission of wrong doing! It's not because of legal cost for them, as they have virtually unlimited resources.
    Someone believing they are within their rights is not afraid to go to court or tribunal, particularly when they have unlimited legal resources!
  • vax2002
    vax2002 Posts: 7,187 Forumite
    You were employed for the period of days you received payment for.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    sebtomato wrote: »
    I actually didn't accept what was said during the meeting, and I clearly stated it verbally. I had no colleagues or witness with me, so it would be hard to confirm or deny what was said.

    Yes, I am confident I would win (no dismissal process was followed, unfounded reasons), and my employer sent a letter stating that they would do whatever they can to prevent me from going to ET, which is a written admission of wrong doing! It's not because of legal cost for them, as they have virtually unlimited resources.
    Someone believing they are within their rights is not afraid to go to court or tribunal, particularly when they have unlimited legal resources!

    So why are you P****g about, put in a an ET and see what they offer.
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