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I was unfairly dismissed, and dismissed again

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Comments

  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The main issues I need help with is:
    1. How do I go about with this
    With what?
    2. Are there any laws that protect me from this
    with what? You have been dismissed, which your employer is entitled to do beacuse you have less than 2 years service.
    You are entitled to be paid for any notice period and for any holidya accruied bu not taken.

    If you belive that you have been underpaid then write to HR setting out details (i.e. the date that you were given notice, the fact that your manager told you it was your lastday, and the notice period and holiday you belive you are entitled to) and ask them to arrange payment or, if thye belive the your fuigures are wrong, to provide an explanation and breakdown of what they belive to be due
    3. Can she use personal vendetta to get rid of me
    I don't see any evidence that that is what happened, but even if it was, unless the 'vendetta' was based on a discriminatory reason relating to a protected characteristic of yours, then yes.
    4. If all else fails, what are the chances I will win an employment tribunal case for the manager failing to follow procedure? As the procedure forms part of my contract, has she breached my employment contract?

    Highly unlikely. The procedure is almost certianly not part of your contract, it is more likely to be guidance and to be relevant if a tribunal were in a psoition of consideing whether a dismissal or sanction was fair. The processes are there partly to

    But in your case, you have less than 2 years service so the company can dismiss you for any reason, or none, provided that they are not discriminating. Nothing you have said suggests that thyee have discriminated so all you have is the possibility that they haven't paid you or yur correct notice period. Also, just becuase it is usual to give people a perm. contract or a contract with a longer persion of notice doesn't mean that you are automatically entitled to that - you would need to double-check your own contract to see whether you are entitled to the longer notice period or whether you would only have become entitled if you had ormal notification.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Thanks for your help so far.
    The handbook, which forms part of my contract, says temp workers that have worked more than 12 weeks are entitled to 4 weeks notice. I was only given 1 weeks notice.

    There are internal vacancies available in my store, and when I asked if I can apply for it, the personnel manager said that it is only open to permanent employees. As temp employees have the same right as permanent ones, does that mean she is breaking the law?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    I only have two more words for you: move on.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    agrinnall wrote: »
    I only have two more words for you: move on.


    You chose two far better words than me :rotfl:
  • Bogalot
    Bogalot Posts: 1,102 Forumite
    Thanks for your help so far.
    The handbook, which forms part of my contract, says temp workers that have worked more than 12 weeks are entitled to 4 weeks notice. I was only given 1 weeks notice.

    There are internal vacancies available in my store, and when I asked if I can apply for it, the personnel manager said that it is only open to permanent employees. As temp employees have the same right as permanent ones, does that mean she is breaking the law?

    She was honest with you. The alternative would be to let you apply and then turn you down without giving a reason, which they are quite entitled to do.

    You've burned too many bridges there, they won't be employing you again.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker Newshound!
    Bogalot wrote: »
    You sound like a nightmare employee.

    What laws do you claim they have broken?

    I was about to post the exact same sentence.

    Emailing a CEO when you're a customer is smart. When you're an employee and you're attempting to sort out a problem with payroll it's wildly inappropriate.

    I don't know how old you are but it sounds like you've got some growing up to do.
  • given your issues and the fact you are willing to take them to a tribunal, why would you want to continue working for them?
    CCCC #33: £42/£240
    DFW: £4355/£4405
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