Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long had you worked for this employer?
Thank you. I am not available for a phone call at present but leave it with me for now and I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. Sadly you will not be able to claim in accordance with this case law, or at all, as the technicalities that led to that claim being successful were somewhat unique and do not apply here.
In your case, firstly you have no unfair dismissal protection as you have less than 2 years’ service.
Secondly, you have not suffered any losses because of the wrong reasons given by the employer (i.e. you still received your notice period due). You may have suffered losses by being dismissed but remember that regardless of what reasons were used, there is no unfair dismissal protection so you cannot claim that.
What was different about the case law is that through the misleading reasons the employee resigned without notice and missed out on their notice period. That is what they were awarded there but if you were paid your notice period then there would be no losses you can claim for, even if the wrong reasons for dismissal were used.
Does this answer your query?
All the best