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Unfair dismissal - determining one year of service

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13

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  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    edited 25 March 2012 at 12:52PM
    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!

    Telling you that they will do everything not to go to a tribunal is not an admission of guilt, ultimately it comes down to whether or not you can prove you have over the 1 year service.

    I suspect as above, start proceedings and then compromise
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Just to add,

    I think they can defend on the lack of one year and get the claim thrown out if they want.

    You stopped turning up for work that's acceptance that they had given notice.
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    sebtomato wrote: »
    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!

    No, it's an admission of not wanting to go to ET, probably because of the management time and fannying about required. I avoid whenever practical/ not a point of big principle.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Why do people come on here and ask for advice and then argue when the advice they get isn't what they wanted to hear?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Why do people come on here and ask for advice and then argue when the advice they get isn't what they wanted to hear?

    Discussing the issue is not a problem, eventualy that's what happens at an ET or eventualy at a court if an ET won't take the case.

    You need to explore the options to try to work out best action.

    If the company has a dismisal process that was not followed even without a years service(so not eligable for an ET) the OP can always try an action through the regular courts.
  • sebtomato
    sebtomato Posts: 1,119 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Why do people come on here and ask for advice and then argue when the advice they get isn't what they wanted to hear?
    I was indeed asking for advice, but the question has not been answered yet.

    The question was not for people to determine whether I had a year of service or not, it was about the ET processes when there is a disagreement between the employee and employer.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    sebtomato wrote: »
    I was indeed asking for advice, but the question has not been answered yet.

    The question was not for people to determine whether I had a year of service or not, it was about the ET processes when there is a disagreement between the employee and employer.

    ALL ET's are because there is disgreement,

    you put your claim in as you would for any issue.
  • sebtomato
    sebtomato Posts: 1,119 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    If the company has a dismisal process that was not followed even without a years service(so not eligable for an ET) the OP can always try an action through the regular courts.

    I think unfair dismissal claims can only be brought to an employment tribunal, not the county court or High Court.
  • sebtomato
    sebtomato Posts: 1,119 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Just to add,

    You stopped turning up for work that's acceptance that they had given notice.

    Sure, but what type of notice? PILON or "garden leave"?

    My contract allows for several options, which are dramatically changing the effective termination date. Unlike what some people think here, the duration of service is not calculated based on the last day you turn up for work.
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    here's the acid test before you put yourself through the stress.

    can you find a solicitor willing to take you on, on a no win/ no fee basis?
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
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