Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
What reason did they provide for dismissing you?
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Many thanks for your patience. There would have been two possible claims here – one for breach of contract and one for unfair dismissal. The unfair dismissal option would not be possible because you need 2 years service to be eligible to claim. So you cannot challenge the dismissal itself or the reasons behind it. In any event there is a 3 month time limit to claim, which you are too late for.
The breach of contract is more likely but I will explain in what circumstances you can pursue that. Firstly, you were employed on a 12 month contract which is basically a guarantee that you will be working there for that long. If the employer wanted to terminate that contract early, then they can only do so if they had the contractual right to do so or if you were guilty of gross misconduct. There was jo misconduct here so you must check to see if the contract allowed for early termination, e.g. by saying the employer can give you a specific notice period to end it early. If no such provision existed the employer would have been acting in breach of contract for terminating it early and you could potentially seek compensation for the remainder of the contract.
If they were allowed to end it early, then you can only potentially pursue them for the breach in the delay in paying you. This would cover things like any charges incurred by you foe not having the money, like bank charges, late payment charges, etc. There is a 6 year time limit so you are well within time to claim if necessary.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you decide to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hi there, your employment could have terminated early with the company giving you 2 weeks notice in writing. If they did not give you such notice then you can argue that they have acted in breach of contract and you can pursue them for the equivalent of that notice period’s pay
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand
4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.