Do I have any rights here ?

[miker169]

hi My company has put me and many others on gardening leave to serve the notice (3 months). Not because we have performed badly but because there isn't work. Which is why I've been dismissed (after a 10 minute conversation). So I've not been made redundant just dismissed because of lack of work. This smells, sounds, stinks like redundancy but it's not getting labelled as such. My company is saying it's ending my employment contract under it's terms of 3 months. Is this unfair dismissal as I thought end of an employment contract had to be dismissal due to break of contract / poor performance, resignation or redundancy. I've only found out today so it's a bit raw. I've been at the company over a year but less than 2 , what should I do?

[atticus]

Not having worked for this company for 2 years you do not have the right either to a redundancy payment or to claim unfair dismissal.

What should you do? Well, you have 3 months in which to look for new employment.

[miker169]

Appreciate the response. I had no idea employees who'd only been at a company 18 months had so little rights!!! Be it 18 or 3 months I don't think it matters much. I had a mental breakdown a few months ago which meant I needed 3 weeks leave, perhaps I'm grasping at straws now, but I do wonder if the reason I was chosen was because of my mental health issue. Even though on my letter of dismissal it says " due to lack of project work".

[miker169]

Is it worth asking for a data protection request ?

[atticus]

There is rarely any harm in making subject access request.