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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49851
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was on holiday on my return, I called my director to let

Customer Question

I was on holiday on my return, I called my director to let him know that I would be back in to work on the 5th of November 2013. I was told over the company phone that I was no longer required as the company which was employing me was no longer in operation. I asked him if this was the first time that he knew about this as before I went on holiday that nothing had been stated to me. I was employed as healyh and safety officer and carpenter Foreman.
I had 4 self employed persons who I was responsible for. I have not received a letter of redundancy or my p45 but the persons under me are still working on site.
I have been told that one of the operatives have been told not to be a witness as they think that I might take legal action.

Please advise
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?

Please note I am in tribunal this afternoon so may not be able to respond straight away but I am dealing with your query, thanks

JACUSTOMER-arox7743- :

4 years commencing 4th Nov 2009 but I worked for them prior to this for one year

JACUSTOMER-arox7743- :

I worked for them for 4 years commencing on 4th Nov 2009 but I worked for them for a year prior to this

Expert:  Ben Jones replied 4 years ago.
Many thanks for your patience. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. That means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances.

So even if there was a fair reason for your dismissal here, such as redundancy, the employer is still required to conduct a fair procedure which appears to completely lack from this case. It therefore all points to an unfair dismissal.

At this stage you may wish to contact the employer and tell them that you are treating this as an unfair dismissal and if you want to, give them the chance to reinstate you. If you feel the trust is now broken beyond repair and do not wish to return or they refuse to reinstate you then you can consider making a claim for unfair dismissal in the employment tribunal where you can seek compensation for loss of earnings. You have 3 months from the date of dismissal to do so.

I hope this has answered your query, please leave a positive rating if you are satisfied with my response above, I can continue helping if necessary thank you.