Time limits for bringing unfair dismissal case

[WylnTholia]

Hi

I was sacked yesterday for 'breakdown of trust and confidence between employer and employee'.
They asked me how much notice I wanted, and I said 3 months as that was statutory.
Does the time limit for tribunal request start when my notice finishes, or from when they send me the letter confirming I am on notice?

I have been employed by them for 14 years.
I do belong to a union, who is involved and has been helping me.
An OH report has been made, which states I am likely covered by the Equalities Act.

[ULA]

If you work out your notice, the date of the dismissal is when you stop working out your notice.

If your employer tells you that you are being dismissed with notice or with notice pay, but they don't want you to work your notice out, you need to be clear about whether you are:-

1. being dismissed immediately with pay in lieu of notice, or

2. still employed until the end of the notice period but your employer wants you to stay at home during the notice period.

If you are not sure, ask your employer to confirm the actual date on which, in your employer's view, your employment is being terminated. If you can't get this information or you are not sure, take the last date on which you actually did work for your employer as the date of dismissal. You have 3 months less one day from this date to submit your ET claim.

[WylnTholia]

I'm still waiting for their letter so wont be sure until that arrives, although at the meeting she said I wasn't to go to work and my 3 months notice would start when my fit note runs out (dont ask me why she said that!!). I have been signed off since April, but she stressed very clearly it was 'nothing to do with health'...

[ULA]

You said you were sacked was this as a result of any disciplinary action being taken against you? If so then you should be given the right to appeal the decision and I would suggest that you do that.

[WylnTholia]

No discipliniary action.
My rep said at the meeting about appealing and she replied 'well theres no-one to appeal to as it was a board decision'.
Basically my manager has decided she doesnt like me, and wants rid of me. The trustees seem to have decided I will be easier to replace, so are bowing down to her.

[ULA]

Thanks for the clarification that you were basically dismissed without any due process being followed. I would say to be safe and certainly in something like tribunal deadlines, that you take the 3 months less one day to be from yesterday.

[WylnTholia]

Thank you

[ULA]

Best of luck.

If you need some additional help alongside what your union will provide you just hop back on this thread.

[WylnTholia]

I have now received the dismissal letter.

I had a 'back to work meeting' at the end of September, which I assumed (and was led to believe) was to address the reasonable adjustments recommended by Occupational Health. Instead it turned out to be a meeting discussing me moving to a different office, suddenly being in a 'job-share' with what was my assistant, and basically a demotion for me (going from 13 direct reports to 3, and my assistant pretty much taking over the bulk of my job). I asked the specific question 'are you telling me that if I refuse to move to Xtown, I dont have a job?'
The reply was 'No, I am not saying that at all, it is just a proposal'.

At this meeting they put forward the above proposal. I attempted the journey (4 times longer than my current journey (on a good traffic day) ) and I informed them, 3 days later, but 3 days before they required an answer, that I wished to decline their offer due to my health.

They have now stated on my dismissal letter that my refusal to co-operate has left them no choice but to terminate my employment....

My union has now upgraded my case from a local rep to a regional rep.

They have also said I am receiving PILON, when at the meeting they said I would be on gardening leave, so are now also breaching my contract.

No mention of the annual leave payment they owe me which is over £2k!

An appeal has been sent today.

[ULA]

Thank you for the update. Just bearing in mind your original question about timescales to submit an ET (Employment Tribunal) claim did the dismissal letter state the date from which this took place?

You are correct to submit an appeal since the ET will always look to see if the internal procedure has been completely exhausted in advance of making a claim.

Glad to hear the union are giving you good support, I presume they assisted with your appeal.

Good luck with the appeal.

[WylnTholia]

Well they had a board meeting where they 'considered' my appeal.
They never held, nor invited me to, an appeal hearing.
Took over a month for them to tell me my (non-existant) appeal had failed.

My case is now with the solicitors, and the recordings from my grievance hearing, my 'back to work' meeting and my dismissal meeting are all at an independant transcribing service, as I was refused minutes from these meetings.

The recordings were all made with full knowledge and permission from everyone present.

They are being transcribed as the solicitors have requested them. Its costing me £260 to get them transcribed word for word - but ultimately I think it will be worth it.

Merry Christmas to me!

I'll keep you updated.

PS: yes my Union have been amazing throughout - I cant recommend joining a Union enough, I am SO glad I joined one over 6 years ago now - and that was because I was dealing with a minor case of bullying but was not being supported by management. The 2 girls left in the end, but the fact my managers were not prepared to deal with them prompted me to join up!

[ULA]

Thank you for the update, it is always great to hear how people are getting on. Please come back and let us know how things go. Best of luck.

[WylnTholia]

Another query....

They paid me my PILON in November - decided to ignore the holiday pay they owed me.
They then paid me my holiday pay in December (to the penny what I told them they owed me).

So TWO payrolls have been run since they unlawfully sacked me.

And I STILL have not received a P45.

I feel this is more bloody mind games.

They KNEW well before my dismissal meeting in October, that they were sacking me - and yet they are witholding my P45...

Anything I can use to add to the bundle with regards to this?

[ULA]

By law your employer is obliged to provide you with a P45. Have you asked them for your P45? If not I would suggest that you do so in writing giving them a reasonable time to send you one. Any correspondence to this fact can then be added to the bundle.

[WylnTholia]

I have just heard from my union rep - the solicitors are taking on my case!

So relieved - will keep you updated