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Dismissal vs redundancy
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oneinoneon
Posts: 2 Newbie

Hi I worked at a hotel that burned down in november. I have been on full pay since and I have travelled to other hotels in the chain for various jobs whilst I have been paid. But now I have been dismissed due to the corona virus. My company is refusing to pay furlough for 9 of us but has moved 3 employees to a different part of the business and furloughed them. They are refusing to pay redundancy and say its frustration of contract so not relevant. I am planning to argue that as I was employed going to various hotels and I have a letter stating covid19 is the reason for my dismissal.frustration of contract does not apply...how do I stand??
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Comments
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How long had you worked for the company?If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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I have been with them for 5 years 11 months0
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Are you in a union?
If not, have you got money to pay for a solicitor?0 -
You are going to need expert advice on this - frustration of contract is a possibility due to the hotel burning down. They could easily withdraw the "Covid notice" and replace it with dismissal due to hotel burning down.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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Frustration of an employment contract almost never happens. If there was one hotel and you worked in it and it burned down then maybe, but in the context of a chain where there is work and you've worked at other sites I think it's very unlikely to wash.
Incidentally, if the contract is frustrated then there isn't a dismissal, so you wouldn't really give frustration as a reason for dismissal.
I'd get on to ACAS and get the ball rolling as you're at least entitled to redundancy pay imho, as above it's probably worth seeking advice as well.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0
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