Just been made 'redundant'-advice on unfair dismissal please.

[Iconboy]

I was sacked this morning without any warning at all. They termed it as being 'made redundant' in the letter they gave me.
Last Thursday I informed them I would be making an official injury claim as I ripped a tendon in my arm carrying some very very heavy stuff.
My solicitor dealing with this certainly thinks I have a strong enough case but after only a few working days they have decided they can no longer keep me.

I have found the official government site to take this to a tribunal but Im not sure if it would be better to not do it alone and get a legal team involved. Not sure if they do 'no win no fee' schemes either.

Anyone been in any simular situations or have advice?

 

[Derian]

Automatic unfair dismissal (i.e. failure to follow minimum statutory dismissal procedure). Unfair dismissal in any event for failure to consult prior to redundancy.

Automatic UD means between 10 and 50% extra awarded in an Employment Tribunal claim.

So potentially very strong claim in the ET - i.e. good grounds to negotiate settlement/enhanced redundancy package.

And all that's aside from your PI claim and anything else e.g. breach of contract.

You can do ETs on your own. However if in Union get on to them asap. Otherwise CAB.

Bare bones cos I'm in a rush ... sorry

 

[Derian]

Assuming you have 1 years service +.

More details please

 

[pseudonarcissus]

but after only a few working days they have decided they can no longer keep me.

I think the length of time you've been there, if only a few days, means there's not much you can do. This is separate from the personal injury, of course

 

[Iconboy]

Thanks for your response. Yes I will have been with them 2 years in June.

 

[pseudonarcissus]

Thanks for your response. Yes I will have been with them 2 years in June.

sorted...down the the CAB for you

 

[Iconboy]

No, I'm not part of a union, wish I was. Who's CAB?

 

[Groucho]

Thanks for your response. Yes I will have been with them 2 years in June.

Make the fuckers pay! They are in breach of the law big time. No notice, no procedures, pretty obvious victimisation for pursuing PI claim...they must be pretty fuckin stupid.

 

[Groucho]

No, I'm not part of a union, wish I was. Who's CAB?

Citizens Advice Bureau

 

[Derian]

Thanks for your response. Yes I will have been with them 2 years in June.

Not enough for statutory redundancy pay (unless you have a long notice period) but see my first post and the others re CAB. They'll help you negotiate a settlement/make claim in ET to push that.

 

[Iconboy]

I see. Have to say I'm a bit clueless as to all the legal side of work things. What makes it worse is the guy who will be doing my job I imagine happens to have been come to the company after me (friend of the managing directors brother)...and strangley enough Ive made two offiicial complaints of homophobia/harassment about him. Odd.

 

[Derian]

I see. Have to say I'm a bit clueless as to all the legal side of work things. What makes it worse is the guy who will be doing my job I imagine happens to have been come to the company after me (friend of the managing directors brother)...and strangley enough Ive made two offiicial complaints of homophobia/harassment about him. Odd.

This potentially adds to your head of claims. Discrimination (sex discrimination act re harassment and orientation).

The CAB will help. Just make sure you go there with all the info.

 

[Iconboy]

Sounds like I need to ring CAB then. What a 'long notice period' then Derian?

 

[Derian]

Sounds like I need to ring CAB then. What a 'long notice period' then Derian?

Something that takes you up to June! That's longer than usual because it's 3 months+. I imagine you're probably on a month's notice.

 

[pseudonarcissus]

it sounds like you've got a strong case. If they made you redundant they will have to demonstrate that the position was not needed. If they give some one else your job obviously you weren't redundant, you were fired.

They would then have to go through proper dismissal procedures. Firing you for being a troublemaker (ie filing complaints/ PI claims) or for being gay will not be looked on kindly by the tribunal.

Don't expect to end up a millionaire out of this. You will be lucky to get 6 months pay as compensation.

 

[Iconboy]

I see. They said they will pay me 1 weeks wages too! Will ring CAB tommorow.

 

[Derian]

I see. They said they will pay me 1 weeks wages too! Will ring CAB tommorow.

There's no ceiling on discrimination claims by the way.

1 week's pay in addition to notice or instead of?

 

[Iconboy]

Not sure what you mean about 'no ceiling'. From what I gathered they said I will get payed for next weeks wage or I will get a weeks wages from today. If that makes sense? Im a bit confused myself as it was all a bit of a shock.

 

[exosculate]

Some good advice here.

 

[Derian]

Not sure what you mean about 'no ceiling'. From what I gathered they said I will get payed for next weeks wage or I will get a weeks wages from today. If that makes sense? Im a bit confused myself as it was all a bit of a shock.

No ceiling is referring to the limit that is put on awards for claims at the ET. There's a limit for UD but none for discrimination claims.

They seem to have given you the choice of working your notice or being paid in lieu of notice. Whether the amount of notice is correct will be in your contract/offer letter. Make sure that your holiday entitlement and any other benefits are calculated to the end of the notice period.

If you want me to give you a call to go through in more detail, PM me your phone number and I'll call you tomorrow morning if you want.

It must be a shock and you have been very unfairly treated

 

[Iconboy]

I see what you mean Derian. They both told me I was sacked and that I had to leave the buliding there and then!!! After mentioning my PI claim of course.

 

[Derian]

OK, paying in lieu. Check that it's enough as I said. But don't let it go at that

 

[newbie]

Sounds like I need to ring CAB then.

Sympathies iconboy, it's not a good thing to happen to you- either hurting your arm or the sack. I just wanted to say that before getting into the legal stuff- make sure your mates look after you, and don't just focus on your 'case'.

Two separate things I'd recommend writing down.

1) You're entering a saga. It might be many months before it concludes. you'll have forgotten all sorts of detail by then. So write it down. Now.

Who What When Where Why

Everything you can remember of the events around hurting your arm and your sacking. Exactly what was said, by whom, in what order. In future record every phonecall, copy every letter, make notes of every meeting (& maybe record them on your phone). Time & date everything.

That way, you're always on top of the information- you know more than anyone else, which makes what you say far more credible than relying on memory, especially in a your ord against theirs argument.

2) Before going to the CAB or for advice elsewhere, write out a brief description of the most important points. Name/address/phone number of you & the ex employer, type of work, length of time in job, brief details of injury & dimissal, brief details of previous complaints by and about you, your current financial circumastances. Less than a page of A4 is all that's needed, just enough for the advisor to read through to get an outline as quickly as possible. That way they'll spend the brief time they can spend with you answering your questions, not trying to figure out what it's all about.

Best of luck. Take 'em to the cleaners, they deserve everything you can throw at them

 

[Derian]

Excellent advice.

 

[Iconboy]

THE COMPANY WILL PAY YOU A WEEKS NOTICE (oops) which is contractual and taxable and a week in lieu of notice. The total net amount will be transferred into your bank account today.
Not sure what that means exectly.
Thanks Derian, yes I will PM you with my number and maybe we can chat if you dont mind.

 

[Derian]

THE COMPANY WILL PAY YOU A WEEKS NOTICE (oops) which is contractual and taxable and a week in lieu of notice. The total net amount will be transferred into your bank account today.
Not sure what that means exectly.
Thanks Derian, yes I will PM you with my number and maybe we can chat if you dont mind.

No probs - will call you in the morning.

 

[Streathamite]

No, I'm not part of a union, wish I was. Who's CAB?

irrelevant. you got the fuckers by the cojones. time to squeeze.
also get on to your MP and local councillor

 

[Iconboy]

Yes Cheers Newbie/Derian/Pseudonarcissusor for that advice up to now.

 

[Soul On Ice]

Sympathies iconboy, it's not a good thing to happen to you- either hurting your arm or the sack. I just wanted to say that before getting into the legal stuff- make sure your mates look after you, and don't just focus on your 'case'.

Two separate things I'd recommend writing down.

1) You're entering a saga. It might be many months before it concludes. you'll have forgotten all sorts of detail by then. So write it down. Now.

Who What When Where Why

Everything you can remember of the events around hurting your arm and your sacking. Exactly what was said, by whom, in what order. In future record every phonecall, copy every letter, make notes of every meeting (& maybe record them on your phone). Time & date everything.

That way, you're always on top of the information- you know more than anyone else, which makes what you say far more credible than relying on memory, especially in a your ord against theirs argument.

2) Before going to the CAB or for advice elsewhere, write out a brief description of the most important points. Name/address/phone number of you & the ex employer, type of work, length of time in job, brief details of injury & dimissal, brief details of previous complaints by and about you, your current financial circumastances. Less than a page of A4 is all that's needed, just enough for the advisor to read through to get an outline as quickly as possible. That way they'll spend the brief time they can spend with you answering your questions, not trying to figure out what it's all about.

Best of luck. Take 'em to the cleaners, they deserve everything you can throw at them

The above is good advice - I always ask union members who have got an appointment to meet with me to do the same.

Derian, as ever, has given you some top quality advice - there are so many people who think that they know what they are talking about and end up giving misleading and wrong advice - Derian is not one of them and neither am I cos we both do this stuff as our day jobs, albeit from a differnt vantage point.

I would add / expand on a couple of points made:

- discrimination law gives protevction from victimisation if the employee has previously complained of discrimination. The compliant of discrimination does NOT have to be to an ET - a complaint to the employer is sufficent. Also the complaint does NOT have to be about discrimination YOU have suffered - so if you complained of homophobic, racist, sexist issues that did not directly relate to you but could have related to others you still get protection from vicitimisation. It is worth noting this cos some employment rights advisers don't fully get this - they only think protection applies to the person subject tothe discrimination. So as Derian says you could have a complaint under this and the award an ET can make in this case is unlimited - though at a guess likely to be in the low 4 figures.

The above is often referred to as protection from vicitimisation if an employee raises "a protected act." I am unsure about the situation with Personal Injury (PI) claims such as the one you have raised - PI claims are not dealt with by FTOs like myself but by my union's specialist PI solicitors so I'm a bit unsure. But I suspect that there may be protection from victimisation if you have raised with your employer that you may be taking civil action around the PI claim - I would ask the CAB to look into this too.

 

[Skate]

I have found the official government site to take this to a tribunal but Im not sure if it would be better to not do it alone and get a legal team involved. Not sure if they do 'no win no fee' schemes either.

Something worth considering is that, as you've been made "redundant", Jobseeker's Allowance should entitle you to Legal Aid