Employment Lawyers Can Answer Your Employment Law Questions
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Thank you for your enquiry. If you are claiming for wrongful dismissal this is in relation to your employment contract and the payments (such as notice holiday and salary) which a have not correctly been paid to you. If you are making a claim for unfair dismissal this will be to determine if you dismal was justified or not and is different from wrongful dismissal but you can claim for both at the same time. If you can show that the reasons for your dismissal were not justified or done incorrectly then you can win a claim for unfair dismissal. If they have not satisfied your contract in terms of payments and they owe you (or they breached the contract during employment) then you can win a claim for wrongful dismissal. It would be worth seeking representation as there are other (what are referred to as) heads of claim which you can apply for such as loss of statutory rights etc. It is important to note that to bring a claim for unfair dismissal you have to have 24 months employment with the employer and will have to file the claim within 3 months of the dismissal. Alternatively you can seek help from your local citizens advice who can provide some basic advice in relation to your claim.
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Thank you for the information. There is no specific law which has been broken, what you are arguing is a breach of contract, so if you were only contracted to stay till 8:30 then you will be looking to say that they have breached your contract by making you do additional times (outwit your contractual agreement). It is simply a fundamental breach of contract. You will be able to claim for up to two years of unpaid wages. You will have to calculate this out. The judge will not be looking for a specific part of legislation that that has been breached i.e. Equality Act, (however unlawful deduction of wages is a breach of the Employment Rights Act 1996) but the judge will want to know the reasons you believe the contractual agreement to have been breached. Don't worry too much if you don't understand the specific legislation etc. breach of contract issues are more about the issues surrounding the events which you are claiming for and if they amount to a breach of the contract.
Just ask the judge for the respondent to supply these to you and they can make order for the respondent to supply these to you or they can get a fine if they don't follow the court orders. You will also want to tell the judge that you have asked them to supply this already.