Employment law

[Foxtrot 1929]

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Can i sue an employer for automatic unfair dismissal, discrimination and victimisation
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Foxtrot292
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1 minute ago
#1
Hi,

I was employed by a company for 8 months before a relevant business transfer took place.

On or around april my name was included on the tupe list of staff, by june my name was removed without my knowing. I was told by HR (on or around 15 june) that my name was never on the list and when i provided evidence it was then included again.


On 17 june i was asked to attend a consultation meeting with a new employer. I asked if there will be an ETO restructuring but was told that staff jobs and roles will be the same but there may be a slight variance in the job title.

I received a regulation 13 letter after working hours on the same day. I was then sent a later stating that i will be required to stay back upon the proposed transfer date of 20 june. On 19 june after work hours i received a notification from the previous employer that the new employer did not accept that i should stay back.


On the transfer date, i was never contacted by the new employer and had to chase the new employer, and raise a grievance with my former employer due to the lack of consultation and last minute information provided.

The new employer then contacted me on 24-25 june and asked me to take a job title which was something i did 3-6 years ago and was promoted to a managerial role ever since. The responsibility of the role leaned towards litigation and i told them that i have only worked in a supportive capacity in this regard and raised my concerns that this will put me at a disadvantage. I received no written response from the new employer.

I was isolated from the other legal team members and was told that I will be invited to the weekly team meetings. I was never invited by the new employer.i am the only member of staff of black ethnicity.

I never received any negative feedback regarding the quality of my work and my last feedback was thank you for the work which i did and then i was asked to do another task.

The new employer has now decided to dismiss me for capability stating that I lack a specific certification and advocacy experience. Albeit, i informed them that i am working towards the qualification stated and this was pre-requisite when i was employed by my previous employer. Not all members of the same department have the requested qualification so i believe my dismissal has been dismissal.

Please not multiple staff members in my former employment that were transferred to the same employer were provided with entry level roles (of same colour) (one person confided in me seeking advise and he is a person of black colour).

I had approved leave and informed my manager (who even wished me a great holiday). On the last day of my leave i was told that i was absent from work and this was raised as a concern by my manager.

I wish to sue both employer and the agency which i was employed to prior to being transferred.

I was never provided with a new employment contract as communicated by an offer letter from the new employer.

Please advise if i have a strong case as i have only worked for a combined 10 months.

[Foxtrot 1929]

I have re-checked a statememt. The qualification was not a stated pre-requisite when I was employed.

I was also asked to provide a copy of my CV by the new employer. Information which was not requested from other employees.

[ULA]

You do not have 2 years of service so your claims are limited.

However if you can prove you were dismissed in connection with a transfer of ownership, you may not need 2 years service as the dismissal could possibly be automatically unfair, if the sole or principal reason for your dismissal is the transfer itself.

If there is also a possibility you believe and you can prove that your dismissal was related to a protected characteristic this could be an automatic unfair dismissal.