[Bridge1101]

Hi all!
I haven't posted here in a while, but I just want to garner some thoughts from members who have been working/ living in the UK for a while, and may be able to provide some insight, as I feel I was unfairly dismissed from my job.

So...A little background

I have been living in the UK since February, and I began working in September. I took a position as an office administrator for a mom and pop lettings agency.

I signed a rather basic contract which entitled me to a probationary period of three months. At the end of three months my performance would be reviewed. Additionally it stated after 1 month of continuous employment they can terminate my employment with 1 weeks notice.

So..fast forward to 41 days later, yesterday I find a termination letter on my work computer (by accident) addressed to me and pre dated for Friday 8th November.

Long Story Short..I confronted my bosses about it and after they initially denied the letter was meant for me, the ended up terminating my employment today and hired someone to replace me.

They gave me no reason or explanation, which I supposed they are entitled to, but they gave me less that 24 hours notice and my contract requires 1 week.

Can/ should I file a claim?? Is it even worth it? Am I entitled to pay for the week's notice?

Thoughts?

 

[ddang]

I can't help as I'm still new to the job system too but I just wanted to say that's a disgrace. I can't believe they did that to you, such a slap in the face!
Maybe it's a good thing to move on since they would dismiss you like they did.

 

[Bridge1101]

I can't help as I'm still new to the job system too but I just wanted to say that's a disgrace. I can't believe they did that to you, such a slap in the face!
Maybe it's a good thing to move on since they would dismiss you like they did.

I guess I should have seen it coming because the entire time I was working there, they were still interviewing people. But I didn't think anything of it because they said they needed two people in the office.

They hired my replacement week ago... I trained the person...and then they terminated me today without notice or reason.

 

[Guest]

You need to be employed for 2 years before you can claim.unfair dismissal unless for reason which are automatically unfair, usually discrimination. If you were under probation they can let you go when they want.

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

Eta but you are entitled to your pay! https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

 

[Bridge1101]

You need to be employed for 2 years before you can claim.unfair dismissal unless for reason which are automatically unfair, usually discrimination. If you were under probation they can let you go when they want.

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

but aren't they still in breach of contract in some way?
Im entitled to a weeks notice, because that was in my contract. Further entitled to pay in lieu of notice.

Im not a litigious person at all...BUT im no dummy either....

i just feel used and mistreated for no reason at all..and I was not given any notice.

There was no gross misconduct..no warnings..

I would be fine if they were not happy with my performance, but I know that wasn't the case

 

[Guest]

Added some stuff above. They certainly used you by the sounds of it but the mist you can do is get your pay including notice and holiday pay. Contact ACAS whi will phone them on your behalf, making them understand they need to comply with the law.

 

[ddang]

I guess I should have seen it coming because the entire time I was working there, they were still interviewing people. But I didn't think anything of it because they said they needed two people in the office. They hired my replacement week ago... I trained the person...and then they terminated me today without notice or reason.

Wow that is a low blow! I can't believe that! You even trained your replacement, I can't believe the replacement didn't let things slip. I would be just as mad at that.

 

[Bridge1101]

Added some stuff above. They certainly used you by the sounds of it but the mist you can do is get your pay including notice and holiday pay. Contact ACAS whi will phone them on your behalf, making them understand they need to comply with the law.

will I be able to file a claim? Im on a marriage visa with residency.

I think i will give the company a call. Thanks!

 

[Guest]

will I be able to file a claim? Im on a marriage visa with residency.

I think i will give the company a call. Thanks!

Yes but you shouldnt need to. They sound like cowboys who have no clue and god help the other person they hired. You are better off out of there.

ACAS is a conciliation service which knows the law inside out, their job is to keep things out of court by being a mediator. You tell them whats been going on. They will tell you your rights and they then go to the employer on your behalf telling them what you want but professionally reminding them of what the law states and what action you could take next if they fail to what is required in law.

They will probably just pay. Most do not want to go through a tribunal which costs them money in legal fees and then they end up having to pay you more in compensation too. A small firm like that wouldnt have the know how of tribunals or a legal team to fight it so would probably just pay what they owe you.

If they dont pay you have 3 months from the date you left to lodge a tribunal claim. So download the forms and fill them in, tell ACAS you filled them, as they will pass that on to the employer

If by some chance they dont pay or are still arguing with ACAS you are then all ready to lodge your claim before 3 months is up. There is now a fee to pay but you can claim that back from them if it comes to that which I doubt it will.

Making a claim guidance for Employment Tribunal

https://www.gov.uk/employment-tribunals

 

[jojo]

Its quite common now for companies in the UK to only offer three month contracts (it makes it easier in these times to shed staff if needs be). Sadly it a sign of the times. That said, I dont know if they went about it a very pleasant fashion. Another one to watch out for are the "zero hours contracts" - that means they can simply ask you not to come in again!!!!!!


Jo xx

 

[Bridge1101]

Its quite common now for companies in the UK to only offer three month contracts (it makes it easier in these times to shed staff if needs be). Sadly it a sign of the times. That said, I dont know if they went about it a very pleasant fashion. Another one to watch out for are the "zero hours contracts" - that means they can simply ask you not to come in again!!!!!!


Jo xx

True. I have noticed the trend. I was working for less that 2 months.

But they failed to fill their obligation of the 3 month contract and failed to give me one week's notice, and did not offer me pay in lieu of notice which is a breach of contract.

 

[jojo]

True. I have noticed the trend. I was working for less that 2 months.

But they failed to fill their obligation of the 3 month contract and failed to give me one week's notice, and did not offer me pay in lieu of notice which is a breach of contract.

I dont think theres much you can do - it depends on the terms written on the contract, but at best you may, if you are tenacious get them to make you total pay up to the twelve weeks?? Its not as employee friendly as it used to be here

Jo xxx