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Woodi79

Do I have a case???

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Hi,new to this but need a little advice, I am seeking legal advice through the proper channels but any extra info./advice is always useful.

 

 

A few weeks ago, the place where I work informed us that they were wishing to make cutbacks, starting by offering us short time working of 3 days a week. After a couple of meetings, and awkward questions by myself, they told us they were imposing it on us.

 

A little digging around by myself and I found that this was potentially a fundamental breech ofcontract, namely that they cannot impose a change such as this unless a varying term is used in the contract or terms and conditions to allow this(the contracts are very very very basic).

 

I actively protested against this, we have no union being a small company of around 20. I voiced my concerns to no avail. Management refused to speak to myself and a few others and as a result I became ill to the point of being prescribed anti-depressants.

 

I handed in a 'work under protest' letter and also started a grievance, believe it or not my employer has no grievance procedure!!!!, so I followed the A.C.A.S. code of practice, 29 days have passed and still no formal meeting (tribunal???).

 

Deadline for contracts was 10th December, few days before management had received no signed contracts and suddenly dropped the action (I wonder why!!) , 'There will be a business review in January'.

 

So when asked I was told there would probably be redundancies. Anyway, I have been on a fixed term contract for 2 years now, most recent one ends 28th December.

 

I was informed on the 16th December that my contract would not be renewed, I was told ' The business needs to make cutbacks,starting with me' . Some more digging around and I am hoping to take them to a tribunal for unfair dismissal for asserting my employment rights, and for less favourable treatment of a fixed term employee on the grounds that

 

1 - another employee got a permanent contract , a position which I should have been made aware of

 

2 - Actively exercising my rights under employment law and being dismissed as a result(no-one else has suffered) and

 

3 - Not being considered or pooled for potential redundancy, fixed term contract law says that I should be pooled and not just left for my contract to expire.

 

So do I have any chance???

 

No grievance meeting?

 

Less favourable treatment?

 

Unfair dismissal?

 

Possible H.S.E. regs. broke regarding stress at work?

 

My employer has no procedures for grievances, they tend to brush any problems under the carpet or put them off so people dont take action. They dont like confrontation, have already got rid of one employee and paid them to keep quiet, they dont seem to have a clue.

 

This past few weeks have been hell for myself and family, Im also trying to study a degree, seriously thinking about making it in employment law due to the hours I have put into reading legislations!!

 

Thanks to anyone who takes the time to read this and if anyone offers any help/advice

Edited by citizenB
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Redundancy is a potentially "fair reason" to dismiss. However, if the redundancy selection process was unfair - as you say, you were singled out - then that would make it an unfair redundancy. You have all the documentation as evidence. Ask them to put their statement about cutbacks starting with you in writing. As soon as you are dismissed, file a claim.

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Thanks for the reply, Sorry if i didn't make it clear but I have not actually been made redundant. My fixed term contract ends on the 28th December and I have been told it will not be renewed. I was also told a couple of weeks ago that redundancies were likely in January. Basically I feel I have been let go beacuse I stood up to them in the first instance, regarding proposed contract changes. They have never had anyone stand up to them before!!! Anyway, spoke to a solicitor Wednesday, they said I was 'up against it', but they did say it was not a definate no to having a chance of winning a case. Waiting for some more letters off my management, hopefully soon, then thinking about representing myself at a tribunal!!! Maybe a daft idea, but I feel I have nothing to lose.

If anyone has any advice about self representation it would be gratefully accepted!!!

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