Dismissed without being told - no notice given

[khug1407]

I'll try to keep this as brief as possible.. Would love some input on this. September 18th I was told by my employer that she couldn't afford to pay a full timer ( I was the only one) and that what she was going to do was give me two weeks paid holiday and in that time I could look for full time work. I asked if I was being fired she stated "no", so I (although being in a state of confusion) stated I needed to have even part time hours after the two weeks to which she agreed to contact her if I couldn't obtain another job. Subsequently, I never got another job, messaged her (as how we always communicate) and she read the message and never replied. After not hearing from her and other things in between, I concluded she didn't want me back so sent a formal request for my notice and pay in lieu of notice. Again, no reply. At this time she advertised for a new post (same position as me) which was part time with the potential of becoming full time. I have always had a good relationship with her and always worked to the best of my ability for her. The main issue now is that I have only worked for her since May, meaning I cannot do much being employed under a year. Without the physical written notice/P45 etc I can't forward these to the job centre to make a claim or even to a new employer. Is there much else I can do with the restriction of being under a year? She still hasn't confirmed I have been dismissed (although today I found out she issued my p45 at the end of September - before the two weeks "holiday" was up). It is an incredibly frustrating situation! I wouldn't want it dragged on this long, all I wanted was pay in lieu of my notice and the written statement. If anyone has advice I would love to hear some input!!

[matt3942]

Re: Dismissed without being told - no notice given

Hi [MENTION=73917]khug1407[/MENTION]

You are correct, your rights are limited because you've been employed for fewer than two years; however, you do have some rights. You are entitled to one-weeks' notice (or more depending on your contract), or payment of what you would have earned during the notice period. If you don't receive this payment you can bring a claim for wrongful dismissal in the civil court or an employment tribunal.

- Matt

[FlamingParrot]

Re: Dismissed without being told - no notice given

I'll try to keep this as brief as possible.. Would love some input on this. September 18th I was told by my employer that she couldn't afford to pay a full timer ( I was the only one) and that what she was going to do was give me two weeks paid holiday and in that time I could look for full time work. I asked if I was being fired she stated "no", so I (although being in a state of confusion) stated I needed to have even part time hours after the two weeks to which she agreed to contact her if I couldn't obtain another job. Subsequently, I never got another job, messaged her (as how we always communicate) and she read the message and never replied. After not hearing from her and other things in between, I concluded she didn't want me back so sent a formal request for my notice and pay in lieu of notice. Again, no reply. At this time she advertised for a new post (same position as me) which was part time with the potential of becoming full time. I have always had a good relationship with her and always worked to the best of my ability for her. The main issue now is that I have only worked for her since May, meaning I cannot do much being employed under a year.

The rules changed in 2012 and now you need TWO years continuous employment to be able to claim unfair dismissal, except in cases of automatic unfair dismissal (which probably wouldn't apply to your case). :mmph:

Without the physical written notice/P45 etc I can't forward these to the job centre to make a claim or even to a new employer.

You can make a claim for JSA without a P45, a lot of people do, i.e. contractors, self-employed, those who invoice using a company, etc.

If you get another job and you haven't got a P45 you can fill in a P46.

Is there much else I can do with the restriction of being under a year? She still hasn't confirmed I have been dismissed (although today I found out she issued my p45 at the end of September - before the two weeks "holiday" was up). It is an incredibly frustrating situation! I wouldn't want it dragged on this long, all I wanted was pay in lieu of my notice and the written statement. If anyone has advice I would love to hear some input!!

What do you need a written statement for? I'd try to arrange for a positive reference though, since you didn't do anything to get dismissed.

[matt3942]

Re: Dismissed without being told - no notice given

I agree with everything [MENTION=37786]FlamingParrot[/MENTION] said re: JSA and P45/P46; however, don't forget you are entitled to one week's notice or payment in lieu of notice.

Please do keep us updated.

- Matt