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Hello Everyone

 

Can anyone please give me some guidance on my unfair dismissal?

 

I have worked as a waitress in a restaurant owned by a family. I have worked there for 16 months, starting early Feb 2012.

 

I have never had a contract of emplotment or any handbook or policies. I have never had any holidays given to me.

 

A certain dress code is expected and a few months back, I was verbally spoken to by one of the managers about not wearing the right colour shirt and took notice and made sure I had a clean one.

 

A couple of weeks ago I had to wear a different one again due to not having a washing machine. I explained when I got there, seemed fine.

 

I spoke to one of the owners about a late start the following day due to an appointment and said I must be entitled to some holiday as everyone should get holidays and could I use an hour of it to start late. It was ok with her.

 

The following day at my due start time I got a phone call from one of the owners asking where I was, I explained I had cleared a late start with XXXX and he went mad, said I should have checked with him and also, because I had worn the wrong shirt again the night before, I was sacked. He then put the phone down. I wrote them a letter a few days afterwards asking why I was sacked and could I have my pay they owed me and any holidays as I'd never had any.

 

They ignored the letter and I've heard nothing. I now have no job and two small children to support.

 

I've been told that if I claim, to do it quickly as after this month, you have to pay to make a claim. I've hardly a penny to live on now so can't afford this.

 

What do I do?

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Hello and welcome to CAG. I'm sorry to hear about your problems.

 

I expect the guys will be along over the course of the day and hopefully they will be able to give you an idea of what to write. You probably need to start threatening.

 

In the meantime, have you looked into claiming benefits while you look for another job? Even if you've been dismissed, it doesn't automatically mean you can't claim. The guys on the benefits forum here will know, if you have any questions, here's a link. You start a thread the same way that you did here. :)

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?160-Benefits-and-HMRC

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thanks Honeybee. I've sorted some benefits, it was actually the lady at the benefits office that suggested they can't dismiss me without a hearing of some sort and told me to get some advice.

 

That's good to hear. :) Well done that lady. I'm sure we can help you, please bear with us until the guys can get here. It's always quieter at weekends.

 

HB

Illegitimi non carborundum

 

 

 

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A claim can be submitted online using an ET1 through the tribunals website. Fees are coming in from 29 July.

 

I would ask them for written reasons for dismissal either by email or letter, and keep a copy.

 

You can claim unfair dismissal and a failure to provide written particulars for the lack of contract. Also make sure you get paid notice pay and holiday pay - you can claim that too if they don't pay up!

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