(Very) Unfair Dismissal.... *but less than 2 years... Options?

[qazmko]

I was wondering are there circumstances where a case can be raised for unfair dismissal where less than 2 years service are given?

(the company is only 18months old!)

I ask as I have been given the boot, and the reason is incredibly unfair..

I just want to know where I stand... I'll explain more of the story if there is any instance where there could be a claim.

[Amethyst]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

If the unfair reason is because you are of a protected characteristic then you might have something to argue....

eg
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion and belief
Sex
Sexual orientation

[mariefab]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

Or, if the main reason for your dismissal was because you...

asserted a statutory right,
made a protected disclosure,
raised a health and safety issue,
made a flexible working request,
asked to be paid (at least) the national minimum wage,
acted as an employee representative,

....and several other reasons.

Give us a clue.

[qazmko]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

Thanks for the replies.

Try this -

My boss and the shareholder of the company have had a big fall out. (There are a few relations/links between them with other ventures which have started this all). Anyway, on Thursday night my boss resigned as director. Very next morning the shareholder (who had just signed himself on as a director) came to see me with a letter in hand.

"Afraid I have to let you go"

ME - "Ok.. Can I ask why?"

"I don't know you, I hear you are a nice bloke and certainly know what you are doing, but I know your allegiances lie with [boss who resigned lastnight], so I have to let you go.."

I knew their argument was getting ridiculous but think this takes the mick a bit.

I had to give me phone and car back there and then, and he had a bouncer to 'collect my possessions and escort me from the premises"

At least I got a lift home....

What a joke!

What do you all think?

[mariefab]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

I think that the reason that you were dismissed is because the shareholder is an idiot.
Unfortunately that doesn't make it 'unfair' in law.

[wales01man]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

Maybe best to get everything your owed by this company and move on. would you want to carry on with them?

[ostell]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

So you will be asking for your pay to date, your pay in lieu of notice (hope it's a long period in your contract ) and your unpaid holiday pay entitlement.

[qazmko]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

I think that the reason that you were dismissed is because the shareholder is an idiot.
Unfortunately that doesn't make it 'unfair' in law.

Very true. Unfortunate though, would have been nice to give them some grief

Maybe best to get everything your owed by this company and move on. would you want to carry on with them?

Agreed. I think I'm better off away seeing as this sort of thing happens..

So you will be asking for your pay to date, your pay in lieu of notice (hope it's a long period in your contract ) and your unpaid holiday pay entitlement.

They said that they will pay me up to date and a week's pay in lieu of notice. (Insert another nuisance issue with company) - haven't got a contract.. Annoying really as I'm sure they would expect a month notice at least if it were the other way around..

I'll see what they pay and have a response at the ready as I would be owed some holiday pay too.

Should I receive this money tax-free?

[ostell]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

Unfortunately not tax free !! But do check on the holiday pay. Lots of companies "forget" this when people leave.

- - - Updated - - -

Unfortunately not tax free !! But do check on the holiday pay. Lots of companies "forget" this when people leave.

Here's a calculator to help

[qazmko]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

Thanks, lets see what happens - I'll use calculator in the meantime to know what to expect.

Generally when would they pay this to me? My normal pay date?

[mariefab]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

I'm afraid that it depends on the payroll processes of the individual Company.

Question for you...
On one of your other threads you mentioned, ' ....I took redundancy and when moving to the new company...'
Was the earlier employer Company associated in any way with the one that you just left.

[teaboy2]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

Payment in lieu of notice can be tax free, as its deemed a compensatory payment for breach of contract by employer for not allowing your to work your notice period i.e. sacked on the spot or employment terminated with immediate effect! Its not payment for working week/month in hand, which wouldn't be tax free. Holidays accrued are not tax free either!

Its only taxable if date of contract termination is at the end of the notice period itself! so if they sacked you today and termination of employment date was today, then payment in lieu of notice is not taxable. However if your told your being dismissed today but your not required to work the notice period and your termination date is last date of the notice period, then its is taxable as its classed in the same light as gardening leave. So its the date of termination that is important when determining if payment in lieu is taxable or not!

http://www.hmrc.gov.uk/manuals/eimanual/eim12975.htm

[qazmko]

Re: (Very) Unfair Dismissal.... *but less than 2 years... Options?

I'm afraid that it depends on the payroll processes of the individual Company.

Question for you...
On one of your other threads you mentioned, ' ....I took redundancy and when moving to the new company...'
Was the earlier employer Company associated in any way with the one that you just left.

Not related. I was lucky enough that let me keep the number when I was leaving.

I see where you are going with classing the length of service to the previous company, no joy though.

Payment in lieu of notice can be tax free, as its deemed a compensatory payment for breach of contract by employer for not allowing your to work your notice period i.e. sacked on the spot or employment terminated with immediate effect! Its not payment for working week/month in hand, which wouldn't be tax free. Holidays accrued are not tax free either!

Its only taxable if date of contract termination is at the end of the notice period itself! so if they sacked you today and termination of employment date was today, then payment in lieu of notice is not taxable. However if your told your being dismissed today but your not required to work the notice period and your termination date is last date of the notice period, then its is taxable as its classed in the same light as gardening leave. So its the date of termination that is important when determining if payment in lieu is taxable or not!

http://www.hmrc.gov.uk/manuals/eimanual/eim12975.htm

I still haven't received (or heard about!) any pay.

I think the loan issue will be clouding their attention to duties they are bound by law..

My letter says that 'employment is terminated with immediate effect......will be paid one weeks' pay in lieu of notice....last day on site will be 8th Jan (same day I was given letter/employment terminated).

I'm reading that as the payment should be tax-free then? At least the 'weeks pay in lieu of notice'..? Though the holiday pay and 1 week 'normal' working would be taxed