Wrongful/Unfair Dismissal

wlsmith1985

Hi Guys
After a bit of advice really.
On Thursday 21st January i received a text message from my employer advising me i was furloughed until the end of the week and not to come into work. It got to the end of the week and i had no communication from them if i should come in on the Monday so i sent my boss 2 text messages which neither one he replied to. I then messaged his sister who does the payroll and accountancy side for the business and she advised me not to come in on the monday and that the boss would call me on the monday morning from the workshop phone, monday arrived and there was no phonecall however i logged in and checked my emails and he had sent me an email advising that i was on furlough until he said otherwise and would review the process at the end of the week, this was 25th January. It got to the end of the week and i heard nothing, monday arrived (1st February) and i logged into my work email and he had sent me an email he copied his sister in on saying "will is a no show remove him from the payroll immediately he no longer has a job with "xxx".
Obviously this has come as a shock for me as i have had no prior notification. I have sent back the following email to both of them which says
Dear xxxxx

Further to your email. I would like to clarify the situation, as far as I was concerned you informed me that I would remain on furlough until you informed me otherwise. The last communication I received from you was on 25th January informing me of the above and this morning when you informed me my employment has been terminated. I did not attend the premesis as I was on furlough until you notifed me otherwise, in your original email it said the situation would be reviewed at the end of the week and i have had no communication from yourselves asking me to return to work.

In my employment contract it states that I am entitled to payment in lieu 2 weeks notice which totals £xxxx.

I look forward to your agreement in due course.

Yours sincerely,

This email was sent over 17 hours ago and i have had no response. My questions are what is an acceptable time to leave it for them to reply to this email and do i have a case for Wrongful/Unfair dismissal and or breach of contract?

Have worked at the company since September after being made redundant from a previous role.
Any advice would be greatly appreciated

Kind regards

Will

JamoLew

You will not be able to claim unfair dismissal with less than 2 years service (unless it's contrary to a protected characteristic)

Undervalued

wlsmith1985 said:

Hi Guys
After a bit of advice really.
On Thursday 21st January i received a text message from my employer advising me i was furloughed until the end of the week and not to come into work. It got to the end of the week and i had no communication from them if i should come in on the Monday so i sent my boss 2 text messages which neither one he replied to. I then messaged his sister who does the payroll and accountancy side for the business and she advised me not to come in on the monday and that the boss would call me on the monday morning from the workshop phone, monday arrived and there was no phonecall however i logged in and checked my emails and he had sent me an email advising that i was on furlough until he said otherwise and would review the process at the end of the week, this was 25th January. It got to the end of the week and i heard nothing, monday arrived (1st February) and i logged into my work email and he had sent me an email he copied his sister in on saying "will is a no show remove him from the payroll immediately he no longer has a job with "xxx".
Obviously this has come as a shock for me as i have had no prior notification. I have sent back the following email to both of them which says
Dear xxxxx

Further to your email. I would like to clarify the situation, as far as I was concerned you informed me that I would remain on furlough until you informed me otherwise. The last communication I received from you was on 25th January informing me of the above and this morning when you informed me my employment has been terminated. I did not attend the premesis as I was on furlough until you notifed me otherwise, in your original email it said the situation would be reviewed at the end of the week and i have had no communication from yourselves asking me to return to work.

In my employment contract it states that I am entitled to payment in lieu 2 weeks notice which totals £xxxx.

I look forward to your agreement in due course.

Yours sincerely,

This email was sent over 17 hours ago and i have had no response. My questions are what is an acceptable time to leave it for them to reply to this email and do i have a case for Wrongful/Unfair dismissal and or breach of contract?

Have worked at the company since September after being made redundant from a previous role.
Any advice would be greatly appreciated

Kind regards

Will

Except in cases of unlawful discrimination (and a few other very limited circumstances) you need two years service to claim unfair dismissal.

There is no qualifying period for wrongful dismissal claims (basically breach of contract). So you could certainly claim for you contractual notice period (or one week's statutory notice if none is specified) plus any unused holiday but that is probably all.

General_Grant

If you can still access your company email account, and you have not already done so, download/print/forward to your personal account the email correspondence.

Manxman_in_exile

You don't say whether they've complied (or are going to comply) with your contractual notice period.  Have they told you they won't, or are you just assuming they won't?