Failure to give notice of termination

[paclett]

Due to a lenthy illness (four months) my employer sent me a letter of termination.
There was no interview or prior notice of termination, just your finished!
Sadly I had not been there for the required year for wrongful dismissal but believe I might have either an unfair/discrimination case but how should I proceed?
CAB say see a soliciter which I did but do not seem to get much help.

Paul

[Weird Al Yankovic]

Originally Posted by paclett

Due to a lenthy illness (four months) my employer sent me a letter of termination.
There was no interview or prior notice of termination, just your finished!
Sadly I had not been there for the required year for wrongful dismissal but believe I might have either an unfair/discrimination case but how should I proceed?
CAB say see a soliciter which I did but do not seem to get much help.

Paul

Hi
There is no qualification period for wrongful dismissal though there is if it was unfair. (But not always)
There is no qualification period for discrimination either.
On what basis do you think you were discriminated against?

[gemspan]

Hi there

What does your contract of employment say? Normally there is a grievance procedure set down by employers that employees can take.

Have a look at your contract of employment and see what is says also regarding illness. If you can prove that your illness was genuine and can back it up with doctors lines and also that you would be likely to be well enough to return to work then I think you have a case.

Check your contract of employment first and let us know what it says.

Kind regards
Gemspan

[gemspan]

Also, were you paid for your notice period. Look to see what the contract says in that regard too. If you werent paid then you may have a claim there.

G

[paclett]

OK Guys,
Here goes the cantract said 1 weeks notice either way (not recieved)
Worked 1 week in hand not received.
No payment in lieu of notice received.

Having that they were in possesion of the final sick note (start 20th Aug)
I believe they terminated my employ because I was disabled sufficinently
to be unable to perform my job (class 2 driver) Quote " as we are not sure of your availablility for work) !!

Having been in the hire and fire position myself I believe this has been an ill advised and ill thought out termination?

Paul

[gemspan]

Hi Paul

I would agree with you. There are a few points that could be raised here.

Firstly the week's notice they need to give you. They havent given you it so you need to be paid for that and also the week that you worked in hand.

They may not be sure of your availability for work but it is their duty to find out and if that means having an independent doctor examine you then so be it.

I think you should write a letter outlining all your concerns and send it recorded delivery. Also worthwhile speaking to ACAS. The helpline number is at the top of the page.

Good luck
Gemspan

[MBMB11]

Its Also Really Importnant To Note That You Are Not 'sacked' Until The Date They Notify You Of This, So Its The Day You Received The Letter From Them, Not The Date The Letter Was Written Or Sent. Its Illegal To Sack You Retrospectively. Mel Xx

[paclett]

Well thanks all for the input,, since my last post I issued them with an intent of greivence,,, with in the time limit I specified I received a reply,,, pleqase come to a meeting,,, Please disregard my previous correspondence,,, (meaning the termination letter!) having of course sent me my P45?? so where next ?

[MBMB11]

Take Someone With You To The Meeting, Dont Go Alone, Preferably A Union Rep And Note Everything. Make Sure The Date On Ur P45 Is Legal (that Its The Date You Got Your Terminaton Letter Or After). Dont Agree To Anything At The Meeting, Inform Them You Will Accept/decline By Post Upon Taking Legal Advice Of The Discussion At The Meeting.
Sorry If This Info Is A Bit Basic, I'm Going On Previous Experience, And Advice Given To Me By My Recently Deceased Mother (who Was One Of The Uks Top Employment Law Advisers!) A Lot Of Employers (and Im Even Talking Big Ones Who Spend 1000s Training Their Hr Staff On The Latest Practices, And Have All The 'equality In The Workplace' And 'positive About People' Awards) Are Still Clueless And Will Try And Palm You Off. Good Luck, And Let Me Know How U Get On!

[MBMB11]

Oh Yeah, And Dont Accept Their 'disregarding That Last Letter They Sent'. Looks Like Theyve Realised Their Mistake And Are Trying To Claw Themselves Out Of It. Thats A Reciept For Some Recompense For You To Claim!!!

[paclett]

Thank you for the advice I will post the results as and when they happen.

[cal37]

Just a small note, has you HGV been suspended or do you still hold it?

If you no longer hold an valid HGV then most drivers contracts will have a point stating you must hold a valid licence.