Untaken holidays to get me to two years to claim for unfair dismissal?

Disjoint

Not sure if I should post here or not, as I was dismissed not made redundant, but here goes none the less. Long story short, new boss - doesn't like me very much. Finds some excuses to dismiss me by saying my work standards have gone down. (Three months ago I received my yearly review and got graded A and had glowing reviews from my peers). In other words I believe the dismissal is unfair.

Unfortunately I have been at my company for 102 weeks, so less than two years. I read that you can technically get by with 103 weeks, but that leaves me still 1 week short.

My question is: I did not take one week of holidays that were due to me, if I were to add them to my 102 weeks it would bring me to 103 weeks - would that count to get me to the two year mark to be allowed to claim for unfair dismissal?

Obviously I'll be asking an employment solicitor this week, but if anyone can help in the meantime that would be great.

I'll move on etc... but it was so crass the way they dismissed me, they'll pay me my 3 months notice in lieu, but I just read that I'll have to pay taxes on it as of Apr-18 as the law changed. So pretty gutted about the whole situation.

EDIT: the week of holiday I did not take is for this year 2019

lincroft1710

What do you hope to get from a Tribunal?

What date did you start your employment and on what date did you receive your notice?

Where did you read about 103 weeks?

Disjoint

lincroft1710 wrote: »

What do you hope to get from a Tribunal?

What date did you start your employment and on what date did you receive your notice?

Where did you read about 103 weeks?

Hi @lincroft1710, I started on the 17th of May 2017, and was terminated on the 2nd of May 2019 with 9 days of holidays left to take. I read on a legal website that an employer needs to give you a one week termination notice, which is why they deduct one week from the 104 weeks it would normally take to get to two years in an unemployment tribunal.

I am looking to fight for unfair dismissal. I am just aware I cannot go to tribunal for unfair dismissal if I have worked for less than 2 years at the company. Happy to be wrong! I am essentially looking to get either re-instated or be paid a small settlement to make my life easier in the coming months without a job.

p00hsticks

Disjoint wrote: »

Hi @lincroft1710, I started on the 17th of May 2017, and was terminated on the 2nd of May 2019 with 9 days of holidays left to take. I read on a legal website that an employer needs to give you a one week termination notice, which is why they deduct one week from the 104 weeks it would normally take to get to two years in an unemployment tribunal.

Yes they legally have to give you one week notice (or pay in lieu) but they could also say you have to take your unused holiday during that notice period - so I don't there's any way you can get to two years service, unless your terms and conditions say you should get more notice than a week (a week's the statutory minumum but many employers might have more).

Disjoint

p00hsticks wrote: »

Yes they legally have to give you one week notice (or pay in lieu) but they could also say you have to take your unused holiday during that notice period - so I don't there's any way you can get to two years service, unless your terms and conditions say you should get more notice than a week (a week's the statutory minumum but many employers might have more).

I have a 3 months notice period, and they are paying me in lieu for it - I assumed I couldn't really use that 3 months to get me over the 2 years, but will have to check tomorrow with the solicitor then!

getmore4less

Statutory notice only can be added from date of notice, or termination date whichever is the latest.

If you were terminated immediately then they have to pay the unused accrued holiday upto the date of termination.

k3lvc

Disjoint wrote: »

I am looking to fight for unfair dismissal. I am just aware I cannot go to tribunal for unfair dismissal if I have worked for less than 2 years at the company. Happy to be wrong! I am essentially looking to get either re-instated or be paid a small settlement to make my life easier in the coming months without a job.

Why would you want (or expect them to offer you) your job back ? This is seriously rare in tribunal cases (less than 1% ?)

You already have a small settlement - 3mths pay in lieu is more than you're likely to achieve even if you win

Comms69

Disjoint wrote: »

I have a 3 months notice period, and they are paying me in lieu for it - I assumed I couldn't really use that 3 months to get me over the 2 years, but will have to check tomorrow with the solicitor then!

I doubt you'd get awarded a better deal at ET.


Often it's better to move on, as at least the bridges aren't burned to such a degree that a reference is unlikely to come.

Disjoint

@Comms69 - I assume it's still a bit raw in my mind making it hard to move on. Fortunately I am not that young anymore so know that time will heal, but always very hard for the first few months. Especially when I am sitting at home when I would otherwise be working.

It was pretty brutal the way they dismissed me, and for wholly unjustified reason. I never got a warning, and had a good review a couple of months back which is why I was a bit shocked. But you are right, no point in dwelling about the past. Also the feedback on this post confirmed what I thought, which is that I cannot claim for unfair dismissal as can't use either my untaken holidays or the notice period of three months.

getmore4less

In a situation like this you are better going over the head of the new person and dealing with their boss.

You then find out where you are in the pecking order and if you have enough status to stop the new person sacking you.

Always important in work situations to have as many high ups think you are good when the cuts come an people get talked about it is harder for the middle to pick on you as an easy target.