• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeaglesģ is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Redundancy: can unfair dismissal be claimed in case of short notice?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Redundancy: can unfair dismissal be claimed in case of short notice?

    Hi!

    I am self-studying ACCA LW paper, Corporate and Business Law.

    I have a few questions that haven't been addressed by the textbook and will be very grateful for the answers and links to relevant materials.

    The first one is on employment law: an employee has been made redundant (worked for the employer over 2 years, properly selected for redundancy, all other conditions of genuine redundancy are met), but has been given a shorter notice period than provided by her contract, 1 month instead of 2.
    Can she claim unfair dismissal on the grounds that the employer didn't act reasonably (even though the reason for dismissal is fair)?
    If she claims wrongful dismissal, would the case be heard in the employment tribunal, the county court or any of them?
    Tags: None

  • #2
    Is the employee being required to work their notice or is notice being paid?

    If it is the latter then the employee should write to the employer in the first instance stating that they believe the notice period calculation is incorrect, since the contractual notice is greater than the statutory notice, assuming they have not worked there for more than 8 years (since notice after 2 years service is one week per completed year of service to a max of 12 weeks) and therefore they are owed outstanding notice pay. Give a reasonable time for the employer to respond and if this is not successful then a claim can be made at the Employment Tribunal for unlawful deductions of wages.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Comment


    • #3
      Originally posted by Ula View Post
      Give a reasonable time for the employer to respond and if this is not successful then a claim can be made at the Employment Tribunal for unlawful deductions of wages.
      Thank you very much for your reply!

      So can this claim be classified as wrongful or unfair dismissal? Or none of them?

      And would the answer be the same if she was required to work for 1 month and then leave?

      Comment


      • #4
        Its an unlawful deduction of wages claim.
        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You canít always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

        Announcement

        Collapse

        Employment Law

        Are you having problems with your employer ?
        See more
        See less

        Court Claim ?

        Guides and Letters
        Loading...

        upgrade to vip

        Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

        only £15/yr

        Offers available. No subscription traps.

        sign up now



        Search and Compare fixed fee legal services and find a solicitor near you.

        Find a Law Firm


        Working...
        X