Was I unfairly dismissed?

[mike00]

Hi,

 

I contacted a solicitor who takes unfair dismissal cases on on a no win/no fee basis. They responded:

 

"Unfortunately, your case is not within the profile of cases we take forward".

 

This doesn't say whether I have a valid claim or not. It may be they just don't think there's enough money in it for them?

 

The facts surrounding my dismissal are so:

1. I was invited to an appraisal, which was opened up with "I'm in two minds as to what to do"

2. The only issue raised about my conduct was communication, which could have been better. This 'issue' was never subject to a formal disciplinary procedure.

3. Wages were going to be cut and hours increased for all staff in my department. I was asked how I felt about this. I replied, "I will accept it but I will look for another job".

4. After my employer considered my comment for a minute or two, I was told "we'll have to call it a day" and asked to leave immediately and not come back.

5. Wages/hours have not been cut/increased for the other staff; presumably they didn't want to lose any more and could afford to maintain the status quo with the savings from my salary.

 

I was told I would be paid up until the end of my contract, two weeks pay in lieu of notice, and all holidays earned. So far I've only received about half of what I should have. I have some other questions:

 

1. When do I officially become unemloyed? The date I was dismissed, or the date I could have worked for my notice period?

2. When should I receive a P45? It's been two weeks and I don't have one, and can't sign on without it.

 

Thank you

 

[Edit]

I should add that I was employed for 2 years and 3 months.

[ericsbrother]

You use the phrase "paid up to the end of your contract", what was your contract- fixed term, rolling, renewed annually? All of these will have different implications as to whether you were unlawfully dismissed, unfairly dismissed or neither of those.

However, you are entitled to the monies mentioned so I would write to your ex-employer and remind them that this money is outstanding (and you can recover the money via either the County Court or an Employment Tribunal) and give them a sensible time to pay up, which will be by the next salary run so some time between a week and a month.

You become unemployed on the date you were dismissed as the pay was in lieu of notice so you dont have a work contract from that date.

The solicitor wont want to handle your case as there isnt enough money to warrant a full blown attack and the chances are your contract would negate any unfair dismissal case being taken to an ET and any procedural errors will be very small beer indeed.

[mike00]

Hi,

 

I've had a better look and it's actually not clear. They called it "the end of my contract", but they actually seemed to mean one year since my last contract review. My contract actually states:

 

"The employment commences on [date removed], and shall continue until terminated in accordance with the terms of this Agreement".

 

"The employee's salary will be reviewed annually"

 

That's sounds like a rolling contract to me? The meeting was to review my salary, but not the contract as a whole.

[Emmzzi]

So what are the termination terms within the agreement?

[becky2585]

The main reasons for declining funding on a NWNF basis would be:

 

1) the case doesn't have good prospects of success;

2) the case isn't high value enough to justify taking it on;

3) the company credit rating means they may not have the finances to meet the judgment;

4) the case wouldn't generate any publicity (some firms only use this type of work for profile building);

5) the time limit for issuing a claim is close or has expired.

 

I would suggest asking them for more detail as to why you were refused.

[mike00]

There aren't any terms that say they can terminate the agreement after a specific time period. These are the terms from the section 'Termination of Employment'

 

• Employer has right to terminate Employment immediately without notice or pay in lieu of notice if:
  
  • Employee is guilty of gross default or misconduct in connection with or affecting the business of the Employer;
    
  • Employee commits a serious or persistent breach or non-observance of this obligations under this Agreement or fails to perform his duties to the standard required by the Employer;
    
  • conducts himself dishonestly or in a way which is detrimental to the Employer (whether in connection with the Employment or otherwise)
    
  • by his actions or omissions brings the name or reputation of the Employer into disrepute;
    
  • is convicted of any offence (other than a motoring offence not resulting in imprisonment)
    
  • becomes of unsound mind or a patient under the Mental Health Act 1983
    

  [*]The Employer may, in its sole and absolute discretion, terminate the Employment at any time and with immediate effect by paying a sum in lieu of notice equal to the salary (as at the date of termination) which the Employee would have been entitled to receive under this Agreement between the date of termination and the earliest date the Employment could otherwise lawfully have been terminated, less income tax and National Insurance contributions

[steampowered]

Based on the information provided this sounds like a fairly straightforward unfair dismissal case to me. You have worked there long enough to have unfair dismissal rights and they have not followed any sort of proper procedure...

 

The solicitors probably did not want the case because the level of compensation would be relatively small.

[Emmzzi]

I agree with steampowered, I can' see that they have any grounds and at the least a redundancy process should have been followed.

[Trurider]

I also agree - you appear to have a straightforward case of Unfair Dismissal.