Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. how long have you worked there?
I started in July 2012 - So 13/14 months
Hi, and just to confirm - when did your employment officially terminate?
Hello, they told me 30.08.2013 and gave me a weeks grace so officially 06.09.2013
I am sorry to say that you are not going to be able to take any further action in this case. There are a couple of reasons for this:1. You are not protected against unfair dismissal because you need to have at least 2 years' service for that. 2. To make a claim for unfair dismissal you only have 3 months from the date of dismissal to claim and if you were dismissed back in September 2013 then any claim would have had to be made no later than Dec 20133. You may have had additional protection under discrimination laws, for example if you were dismissed for making a flexible working request, but again the time limit to claim for discrimination is 3 months from the date of the alleged discriminatory act, so again you would be too late to claim unfortunately.
That's a shame - I've only just found our that they've filled my position otherwise I would have addressed it earlier. They also made 4 other people redundant the week before and non of their positions have been re-filled. So there really is nothing I can do?
Sadly not as you fail on two grounds - insufficient service and also out of time to make a claim. It is legally possible for an employer to use a sham redundancy to try and dismiss someone, wait for 3-4 months and then employ someone new in the same job and assuming the employee has not made a claim by then, they would be time barred from claiming so the employer can get away with it
sorry not sure if my last response got through?