Tupe dismissal with no consult

[Spon]

I have work for a cleaning company for 6 months. I was working for a client and was the only cleaning employee on a 10hr a week contract. On Thursday 27th the client emailed my cleaning company and cancelled the contract with immediate affect. I only found this out when I went to work and found a note asking for my building key to be returned after the clean. When I called the cleaning company I was told by my manger to go to work on Friday as I now worked for the client. I did go to work but with no key or note/instruction from the client and had to leave the property when the last worker left for the night.

I received a call from the client the following Monday and was told I was no longer needed and did not need to turn up for work that evening and he and his wife was cleaning the offices now

I was previously unaware of TUPE and failure to consult and have so far only the web for advice. I have had no warnings or disciplinary during my employment. Since the call from the client a week ago I have heard nothing further. I would like to contact the client to discuss the situation and try and get any money owing before legal action. My cleaning company has passed over my contract details to the client. This is my 2nd job

So, my questions are

Due to only working 6 months is this wrongful dismissal rather than unfair dismissal?
Can I claim failure to consult if I am the only cleaner working for the client?
What financial compensation could I claim? I read about a max of 13 weeks pay
If the client does not pay and I am forced to go to tribunal what sort of cost could I be looking at?

Many Thanks in advance. If I need to provide any more info please ask.

Cheers

[teaboy2]

Re: Tupe dismissal with no consult

Unfortunately whilst what they did was wrong, you had only been there 6 months. You would have to be there for 2 years to be eligible to make a claim to the employment tribunals, am afraid.

Though you could always write to the cleaning company appealing there decision stating they are in breach of contract, by not consulting with you. As such you still deem yourself as their employee as you never agreed to be transferred to employment with a 3rd party, nor was the said transfer done by them without your knowledge lawful. And you could threaten them with legal action via county court for breach of contract and loss of earnings as a direct result of the breach.

Though you should seek professional legal help as this situation of yours is likely complicated when compared to the majority of employment issues people come to us about. Or alternatively speak to Acas, as they may be able to meditate with the cleaning company.

To be honest, it sounds to me like the manager was telling pokies to you when he said you now worked for the client. As i suspect the client terminated the contract with the cleaning company, as they had no intention of using the services the cleaning company provided. And it sounds like they only rang you because they were probably told by one of their own employees that you had turned up despite the contract with the cleaning company being terminated. So i suspect your manager had no other jobs for you, so may have dismissed you, but hid it by leading you to believe your contract had been transferred to the client.