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unfair dismissal, but under 2 years service.

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  • unfair dismissal, but under 2 years service.

    Hi All,

    Many thanks for letting me join. Apologies if I waffle onthis but i need some advice and want to try and get all my points across.

    Ok here goes,
    Employed by a company and made redundant after 3 years, received redundancy pay ect ect, 6.2 months later return back to the same company in a differend role but then soon after (2 months) promoted back to my old position.

    My job title Business Development Manager.
    My role is to obviously develop the business of which I did. However in the past 6 months there has been more and more pressure to gain new business but I held my own and grew my side of it, in June I gained a substansial amount of business.

    However the business I gained was soon causing me problems, the company had made a skilled installer redundant and the equipment that was installed into my new business was installed by unqualified staff and to a substandard level.

    Equipment was left unworking or needing parts were needed but no time frame could be given to me to as to when these parts were available. In the meantime I have to pacify the customer with no real answer for them. The company want you to gain business but without giving you the proper tools to do the job. This was ongoing for a few weeks and I was under threat of losing the business (through no fault of my own as its my job only to gain the business and customer relationship not the equipment itself thats a whole new dept).

    I care passionately about my customers and have a strong belief in "dont promise if you cant deliver". I should have been able to deliver this equipment in perfect working order through my company and didnt promise anything other than basic equipment that is needed to grow the business.

    Eventually, after receiving mountains of phone calls, the threat of losing the business and future business took its toll on me and I was signed off sick for 3 weeks. I returned back to work, even when I know I wasnt really ready only to be dismissed on these grounds

    "because I could not get the required equipment i took it persaonally", then to be told in the same letter that this is the nature of the business and nothing would change there for the position is not suitable to me, hence terminating my employment.

    Surely this is wrong. Because I care about the company and my reputation, that my company has said this is the nature of the business (ie you can not have the tools to do the job) and nothing will change. I get dismissed.

    My company at no point informed me of my rights to appeal against their decision, after eamiling them they quoted the unfair dismissal law to me which I am aware of, still no answer to the appeal against the dismissl.

    I have since used my rights to appeal against the decision yesterday and I am waiting to hear from them.

    Do they have to aknowledge my appeal letter?
    What time frame do they have to respond to the appeal?
    I have only given ground that are relevant, can they try to dig up dirt on me (not that there is any) for the appeal?

    Your help on this would be greatly received, many thanks.
    Tags: None

  • #2
    Re: unfair dismissal, but under 2 years service.

    Hi mellyham, & welcome to Legal Beagles.

    When were you dismissed?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: unfair dismissal, but under 2 years service.

      HI,

      Monday this week.

      Comment


      • #4
        Re: unfair dismissal, but under 2 years service.

        Just bumping this thread. Please can someone advise.
        Many thanks

        Comment


        • #5
          Re: unfair dismissal, but under 2 years service.

          Hi mellyham,

          Sorry about the delay in answering.

          How did your job become redundant, yet about 8 months later you return back to the same role?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: unfair dismissal, but under 2 years service.

            I was made redundant, went back to the firm 6 months later in a different role. During that 6 months there was a reshuffle (my boss was demoted into my position and someone taken on for his role) and never gave it thought as to could they do this at the time?
            2 months after returning for a different roll there was a shuffle again and my old job was offered back to me.

            I have since appealed against my dismissal and have a hearing 12/08/13.

            I need help and advice how to handle this appeal, any help would be appreciated.

            many thanks

            Comment


            • #7
              Re: unfair dismissal, but under 2 years service.

              Originally posted by mellyham View Post
              I was made redundant, went back to the firm 6 months later in a different role. During that 6 months there was a reshuffle (my boss was demoted into my position and someone taken on for his role) and never gave it thought as to could they do this at the time?
              2 months after returning for a different roll there was a shuffle again and my old job was offered back to me.

              I have since appealed against my dismissal and have a hearing 12/08/13.

              I need help and advice how to handle this appeal, any help would be appreciated.

              many thanks
              I have replied to your other thread here: http://www.legalbeagles.info/forums/...ht=#post363071
              From the above, it sounds like the period of continuous employment with the company will have been broken, if you were made redundant and only went back 6 months later, in which case it sounds like you haven't been with the company long enough to claim unfair dismissal. I hadn't read this thread when I posted on that other one, but this fact will certainly make a difference with regards to moving forward. :ohwell:

              Comment

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