Discrimination, unfair dismissal, no dismissal at all.

[simba2021]

I have been accused for having two jobs. My ATO has been revoked immediately and no notice period given, no disciplinary process taken. I had a contract which states I have to inform my employer of my second job only if there is conflict of interest. I had made a grievance. They reply I have no right to do it as an ex-employee. I also have been discriminated by calling me slave - that proven on paper. My manager said to me be not too worry about it. They admitted it. Now this case is in ACAS and they offering me some money but I feel they trying to buy me very cheap. I don't know what I should do? What kind of compensation I should get? I'm not rich enough to pay for solicitor.

[ULA]

How long were you employed at the company?
What is you claim for?
What have you put in as your Schedule of Loss how does this compare with what you are being offered?

[simba2021]

Claim is under discrimination, unfair dismissal and breach of contract. They left me with out income. Main loss is employment, I had a full contract. My secondary job was just to top up. I was with them unfortunately just a couple weeks less the 2 years. I did know that under 2 years they can do whatever they like. I cant take it to tribunal under unfair dismissal but there was not even disciplinary process. I don't know how to calculated a injury to feelings and lost of my employment. They didn't pay also a bonus for last year. Even if they had a grounds to fired me, never any disciplinary procedure was followed.

[ULA]

How much contractual notice did your employer have to give you and if that had been given would this have taken you over the two years service? If there is no contractual notice then you should have been given one weeks notice.

With less than 2 years service your employer can unfortunately just dismiss you without the need to follow a process, however notice should have been given or paid in lieu, plus any acrrued but not taken holiday.

To be able to make a claim with less than 2 years service, then you will need to prove discrimination and that this was the reason for your dismissal. Unless you can prove this then it may not be easy for you to pursue a claim so a settlement would be a good thing to try and achieve.

When was the incident that you are claiming was discrimination - what was the date this occured?

Given you less than two years service then it would potentially not be a high settlement. As a minimum you need your notice pay and any acrrued but not taken holiday if this has not already been paid to you. Then there may be a small compensatory sum.

[simba2021]

Problem occurred middle of January, 2 years of employment pass on March. There wasn't any notice given or anything at all. Nothing paid, bonus taken away. They just paid for full month. Discrimination act happened by end of the year and they already admitted to it. I have been fired not because of discrimination, they accused me for having two jobs. Seems I was wheel out. Thank you anyway for your advice.